California Code of Regulations
Title 2 - Administration
Division 2 - Financial Operations
Chapter 2.5 - Commission on State Mandates
Article 5 - Incorrect Reduction Claims
Section 1185.5 - Opting Out of a Consolidated Incorrect Reduction Claim

Universal Citation: 2 CA Code of Regs 1185.5

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

Pursuant to Government Code section 17558.7(f), each claimant that files a notice of intent to join a consolidated incorrect reduction claim may opt out and not be bound by any determination made on the consolidated claim.

(a) To opt out of a consolidated incorrect reduction claim, claimants shall file a written notice with the Commission within 15 days of service of the Office of State Controller's comments. A copy of the notice must be served in accordance with section 1181.3 of these regulations.

(b) No later than one year after opting out, or within the period of limitation under section 1185.1(c) of these regulations, whichever is later, a claimant that opts out of a consolidated claim shall file an individual incorrect reduction claim in accordance with section 1185.1 of these regulations in order to preserve its right to challenge a reduction made by the Controller on that same mandate.

(c) If a claimant opts out of a consolidated incorrect reduction claim and an individual incorrect reduction claim for that entity is already on file with the Commission, the individual filing is automatically reinstated.

1. Renumbering of former section 1185.02 to section 1185.5, including amendment of section and NOTE, 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).
2. Amendment of subsection (c) 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 subsection (b) and NOTE filed 9-13-2016; operative 10-1-2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
6. Editorial correction of NOTE (Register 2016, No. 44).
7. Amendment of subsections (a)-(b) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).

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

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