California Code of Regulations
Title 2 - Administration
Division 2 - Financial Operations
Chapter 2.5 - Commission on State Mandates
Article 10 - Mandate Redetermination Process
Section 1190.3 - Rebuttal

Universal Citation: 2 CA Code of Regs 1190.3

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Parties and interested parties shall be given an opportunity to rebut written comments concerning a request for mandate redetermination by filing written rebuttals within 30 days of service of the comments.

(b) Content and Form. A written rebuttal shall contain the following documentary evidence, if applicable:

(1) If representations of fact are made, they must be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations.

(2) A copy of relevant portions of state constitutional provisions, federal statutes, and executive orders, and a copy of administrative decisions and court decisions that are cited in the rebuttal, unless the authorities are also cited in the request to adopt a new test claim decision or any response thereto. The specific statutes and chapters, articles, sections, and page numbers shall be identified. Published court decisions arising from state mandate determinations by the Board of Control and the Commission, article XIII B, section 6 of the California Constitution, and Government Code sections 17500 et seq., are exempt from the requirements of this subsection. When an omnibus bill is relevant to the rebuttal, only the relevant pages of the statute, including the Legislative Counsel's Digest and the specific statutory amendments at issue shall be filed.

(c) The rebuttal to a comment concerning a request for mandate redetermination shall be certified, filed, and served in accordance with section 1181.3 of these regulations.

1. New section filed 5-19-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(a)(3). Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527 (Register 2014, No. 21).
2. Amendment of NOTE filed 9-24-2015; operative 10-1-2015 pursuant to Government Code section 11343.4(b)(3). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2015, No. 39).
3. Amendment of subsections (b)(2) and (d) filed 9-13-2016; operative 10-1-2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
4. Amendment of subsections (b)(1) and (c) and repealer of subsection (d) filed 2-27-2018; operative 4-1-2018 pursuant to Government Code section 11343.4(a). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2018, No. 9).
5. Editorial correction of HISTORY 4 (Register 2018, No. 18).
6. Amendment of subsections (b)(1)-(2) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).

Note: Authority cited: Sections 17527(g), 17553(a) and 17570(d), Government Code. Reference: Section 17570, Government Code.

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