California Code of Regulations
Title 2 - Administration
Division 2 - Financial Operations
Chapter 2.5 - Commission on State Mandates
Article 5 - Incorrect Reduction Claims
Section 1185.3 - Consolidation of Claims Initiated by an Individual Claimant

Universal Citation: 2 CA Code of Regs 1185.3

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

(a) On behalf of a class of claimants, an individual claimant may initiate the consolidation of claims alleging an incorrect reduction as described in Government Code section 17558.7, if all of the following apply:

(1) The method, act, or practice that the claimant alleges led to the reduction has led to similar reductions of other parties' claims, and all of the claims involve common questions of law or fact.

(2) The common questions of law or fact among the claims predominate over any matter affecting only an individual claim.

(3) The consolidation of similar claims by individual claimants would result in consistent decision making by the Commission.

(4) The claimant filing the consolidated claim would fairly and adequately protect the interests of the other claimants.

(b) A claimant that seeks to file a consolidated incorrect reduction claim shall notify the Commission of its intent at the time of filing on a form provided by the Commission. The consolidated incorrect reduction claim shall be filed in accordance with section 1185.1 of these regulations and contain a narrative that explains the elements in subdivision (a) of this section. All representations of fact shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations.

(c) Within 10 days of receipt of a consolidated incorrect reduction claim, Commission staff shall notify the claimant if the consolidated incorrect reduction claim is complete or incomplete. A consolidated incorrect reduction claim is incomplete if the claim has not been filed in accordance with subdivision (b) of this section, or is illegible. Incomplete consolidated incorrect reduction claims shall be returned to the claimant. If a complete consolidated incorrect reduction claim is not received by the Commission within 30 days from the date the incomplete claim was returned to the claimant, the executive director shall deem the filing to be withdrawn.

(d) Any consolidated incorrect reduction claim, or portion of a consolidated incorrect reduction claim, that the Commission lacks jurisdiction to hear for any reason may be rejected or dismissed by the executive director in accordance with section 1185.2(b) of these regulations.

(e) If the consolidated incorrect reduction claim is complete, Commission staff shall request the Office of the State Controller to provide the Commission, within 30 days, a list of claimants for whom the Controller has reduced similar claims under the same mandate, and the date each claimant was notified of an adjustment.

(f) Upon receipt of the list from the Office of the State Controller, the Commission shall notify the list of other claimants experiencing similar reductions by the Controller under the same mandate and other interested parties of the original claimant's intent to consolidate an incorrect reduction claim.

1. New section filed 5-8-2007; operative 5-8-2007 pursuant to Government Code section 11343.4. Submitted to OAL for printing only (Register 2007, No. 19). For prior history, see Register 99, No. 38.
2. Amendment of subsections (a)-(a)(1) filed 10-27-2010; operative 1-1-2011. Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2010, No. 44).
3. Repealer and 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).
4. 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).
5. Amendment of subsections (b)-(c), new subsections (d) and (e), subsection relettering and amendment of NOTE filed 9-13-2016; operative 10-1-2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
6. Amendment of subsection (b) 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).
7. Editorial correction of HISTORY 6 (Register 2018, No. 18).
8. Amendment of subsection (b) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).
9. Amendment of subsection (d) filed 8-16-2021; operative 10-1-2021 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 (Register 2021, No. 34).

Note: Authority cited: Sections 17527(g), 17553(a) and 17558.7(g), Government Code. Reference: Sections 17558.5(c) and 17558.7, Government Code.

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