Cal. Code Regs. tit. 2 § 1181.1

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 1181.1 - Delegation of Certain Functions; Executive Director Appeals

(a) Whenever it is stated in these rules that the "Commission" may or shall exercise or discharge any power, duty, purpose, function, or jurisdiction, the Commission on State Mandates specifically has reserved the same for its own exclusive action.

(b) Whenever it is stated that the "executive director" may or shall exercise or discharge any power, duty, purpose, function, or jurisdiction, or it is not expressly stated that the Commission itself shall so act, the executive director of the Commission has the authority to act thereon.

(c) A real party in interest to a matter may appeal to the Commission for review of the actions and decisions of the executive director on that matter.

(1) The appellant shall file the appeal in writing within 10 days of first being served written notice of the executive director's action or decision.

(2) The appellant shall certify, file, and serve the appeal in accordance with section 1181.3 of these regulations.

(3) The appeal shall explain the basis for the appeal, state the action being requested of the Commission, and include all facts and materials the appellant believes are relevant to the appeal.

(4) The executive director shall schedule the appeal for hearing and vote by the Commission as soon as practicable following receipt of the appeal.

(5) Other parties may file comments on an appeal, which shall be certified, filed, and served in accordance with section 1181.3 of these regulations.

(6) The Commission shall determine whether to uphold the executive director's decision by a majority vote of the members present. The decision shall be final and not subject to reconsideration.

(7) The executive director shall notify the appellant in writing within 10 days of the Commission's decision.

(d) Nothing herein prohibits the executive director from delegating to subordinates as provided in Government Code section 18572.

Cal. Code Regs. Tit. 2, § 1181.1

1. New section filed 7-23-96; operative 7-23-96. Submitted to OAL for printing only (Register 96, No. 30).
2. Amendment filed 9-13-99; operative 9-13-99. Submitted to OAL for printing only pursuant to Government Code section 17527 (Register 99, No. 38).
3. Amendment filed 4-21-2003; operative 4-21-2003. Submitted to OAL for printing only pursuant to Government Code section 17527(g) (Register 2003, No. 17).
4. New subsection (o) and subsection relettering filed 2-23-2004; operative 2-23-2004. Submitted to OAL for printing only (Register 2004, No. 9).
5. Amendment of section and NOTE filed 9-6-2005; operative 9-6-2005. Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527(g) (Register 2005, No. 36).
6. Amendment of subsection (o), new subsection (p), subsection relettering and amendment of newly designated subsection (r) and NOTE filed 4-24-2008; operative 4-24-2008 pursuant to Government Code section 11343.4. Submitted to OAL for printing only (Register 2008, No. 17).
7. Amendment of subsections (b) and (g)(1)-(2), new subsections (g)(3)-(4), amendment of subsection (r) and amendment of NOTE 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).
8. New subsection (q) and amendment of NOTE filed 5-4-2011; operative 6-3-2011. Submitted to OAL for printing only pursuant to Government Code section 17527(g) (Register 2011, No. 18).
9. New article 1 (sections 1181.1-1181.13) and 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).
10. 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).
11. Amendment of subsections (c)(1), (c)(3) and (c)(5) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).
12. Amendment of subsections (c)(2) and (c)(5) 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), 17530 and 17531, Government Code. Reference: Section 17530, Government Code; and Redevelopment Agency v. Commission on State Mandates (1996) 43 Cal.App.4th 1188.

1. New section filed 7-23-96; operative 7-23-96. Submitted to OAL for printing only (Register 96, No. 30).
2. Amendment filed 9-13-99; operative 9-13-99. Submitted to OAL for printing only pursuant to Government Code section 17527 (Register 99, No. 38).
3. Amendment filed 4-21-2003; operative 4-21-2003. Submitted to OAL for printing only pursuant to Government Code section 17527(g) (Register 2003, No. 17).
4. New subsection (o) and subsection relettering filed 2-23-2004; operative 2-23-2004. Submitted to OAL for printing only (Register 2004, No. 9).
5. Amendment of section and Note filed 9-6-2005; operative 9-6-2005. Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527(g) (Register 2005, No. 36).
6. Amendment of subsection (o), new subsection (p), subsection relettering and amendment of newly designated subsection (r) and Note filed 4-24-2008; operative 4-24-2008 pursuant to Government Code section 11343.4. Submitted to OAL for printing only (Register 2008, No. 17).
7. Amendment of subsections (b) and (g)(1)-(2), new subsections (g)(3)-(4), amendment of subsection (r) and amendment of Note 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).
8. New subsection (q) and amendment of Note filed 5-4-2011; operative 6-3-2011. Submitted to OAL for printing only pursuant to Government Code section 17527(g) (Register 2011, No. 18).
9. New article 1 (sections 1181.1-1181.13) and 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).
10. 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).
11. Amendment of subsections (c)(1), (c)(3) and (c)(5) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).
12. Amendment of subsections (c)(2) and (c)(5) 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).