Section 632.8 - Application to Present Late Claim(a) When due to mistake, inadvertence, surprise or excusable neglect, a claim required under Section 632.7 to be filed within six months after the accrual of a cause of action is not filed within six months, the claimant may present a written application to the Board for leave to present such claim. Such application must be presented within a reasonable time not to exceed one year after the accrual of the cause of action and shall state fully the reason for the delay in presenting the claim. The proposed claim shall be attached to the application and shall in form comply with these rules.(b) Such application shall be granted or denied by the Board within 45 days after its presentation to the Board.(c) Automatic Denial. If the application is not acted on by the Board within the time prescribed in this section, the application will be deemed denied by the Board on the last day of the period within which the Board is required to act on the application.(d) Extension of Time. By written agreement, the applicant and the Board may extend the period within which the Board is required to act on the application.(e) When an application for leave to file a late claim is presented to the Board pursuant to Government Code Section 911.4, the Board may furnish the Attorney General or other attorney authorized to represent the State with a copy of such application and the Attorney General or other attorney authorized to represent the State may present evidence in opposition to the application.(f) In reviewing the application, the Board shall consider whether the State has been prejudiced by the failure to present the claim within the time required by these rules. If the application is granted, the claim shall be deemed to have been presented to the Board the day that leave to present the claim was granted.Cal. Code Regs. Tit. 2, § 632.8
1. New NOTE filed 2-25-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 3-12-79 as an emergency; effective upon filing (Register 79, No. 11).
3. Certificate of Compliance filed 5-25-79 (Register 79, No. 21).
4. Amendment filed 5-30-80; designated effective 7-1-80 (Register 80, No. 22).
5. Amendment of section heading and section and repealer and new NOTE filed 3-5-2014; operative 7-1-2014 (Register 2014, No. 10). Note: Authority cited: Section 13920, Government Code. Reference: Sections 911.2, 911.3, 911.4, 911.6, 911.8, 912.2, 912.4, 915 and 915.2, Government Code.
1. New NOTE filed 2-25-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 3-12-79 as an emergency; effective upon filing (Register 79, No. 11).
3. Certificate of Compliance filed 5-25-79 (Register 79, No. 21).
4. Amendment filed 5-30-80; designated effective 7-1-80 (Register 80, No. 22).
5. Amendment of section heading and section and repealer and new Note filed 3-5-2014; operative 7-1-2014 (Register 2014, No. 10).