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 1186.6 - Request for Review of an Apportionment or Base Year Entitlement

Universal Citation: 2 CA Code of Regs 1186.6

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

(a) Upon request of a local agency, school district or state agency the Commission shall review the apportionment or base year entitlement pursuant to Government Code section 17615.8(a).

(b) In order to obtain a review of an apportionment or base year entitlement a "Request for Review" shall be certified, filed, and served in accordance with section 1181.3 of these regulations.

(c) The request for review shall contain at least the following elements:

(1) Identification of the mandated program that is alleged to require review.

(2) A detailed narrative describing the need to modify the apportionment or base year entitlement.

(3) A statement to the effect that the other mandated programs included in the local agency or school district's apportionment are not overfunded in an amount sufficient to offset any underfunding.

(4) Cost information that outlines the amount of the funding for the total apportionment and the calculations necessary to show that the program needing modification either under or over reimburse the local agency or school district's actual costs by 20 percent or by $1,000, whichever is less.

(d) Requests for review will be considered incomplete if any of the elements required in subdivision (c) of this section are illegible or not included. Incomplete requests for review shall be returned to the requester for completion. If a complete request is not received by the Commission within 30 days from the date the incomplete request was returned, the Commission shall deem the request to be withdrawn.

1. New section filed 12-16-93 as an emergency; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 17527(g) (Register 93, No. 51). A Certificate of Compliance must be transmitted to OAL by 5-1-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). Submitted to OAL for printing only. A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-26-94 order transmitted to OAL 6-10-94 with amendment of subsection (b) and filed 7-14-94 (Register 94, No. 28).
4. Renumbering of former section 1186.6 to section 1186.53 and new section 1186.6 filed 3-6-2001; operative 4-5-2001. Submitted to OAL for printing only pursuant to Government Code section 17527(g) (Register 2001, No. 10).
5. 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).
6. 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).
7. Amendment of section heading and new subsection (d) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).
8. Amendment of subsection (b) filed 7-11-2022; operative 10-1-2022. Submitted to OAL for filing and printing only pursuant to Government Code section 17527 (Register 2022, No. 28).

Note: Authority cited: Sections 17527(g) and 17615.8(a), Government Code. Reference: Section 17615.8, Government Code.

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