California Code of Regulations
Title 2 - Administration
Division 2 - Financial Operations
Chapter 2.5 - Commission on State Mandates
Article 6 - State Mandates Apportionment System
Section 1186.4 - Request for Removal

Universal Citation: 2 CA Code of Regs 1186.4

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

(a) Any local agency, school district, or state agency may request that the Commission review a mandated program included in the State Mandates Apportionment System that has been modified or amended by the Legislature or an executive order for possible removal of the program from the system in accordance with Section 17615.7 of the Government Code.

(b) In order to obtain a review and determination regarding removal of a program from the system, a local agency, school district, or state agency must certify, file, and serve a "Request for Removal" in accordance with section 1181.3 of these regulations.

(c) The request for removal must contain at least the following elements:

(1) The chapter number or executive order of the law that established the mandated cost program.

(2) The chapter number of the law or the executive order which significantly modified or amended the costs of the program or a detailed description of the circumstances or events which have caused the changes.

(3) A detailed narrative describing the mandated cost program with an explanation of the reasons the mandated program should no longer be included in the State Mandates Apportionment System.

(4) Any other information that will substantiate the request or that would have a bearing on the decision of the Commission in this matter.

(d) Requests for removal will be considered incomplete if any of the elements or documents required in subdivision (c) of this section are illegible or not included. Incomplete requests for removal shall be returned to the requester for completion.

(e) Request for removal filings and any state agency recommendations shall be subject to the requirements of article 7 of these regulations beginning at section 1187. If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 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) and (e) 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).
4. Editorial correction of HISTORY 3 (Register 2018, No. 18).
5. Amendment of subsections (c)(1) and (c)(3)-(e) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).

Note: Authority cited: Sections 17527(g) and 17615.7, Government Code. Reference: Section 17615.7, Government Code.

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