Unless otherwise indicated, the following definitions and those found in Government Code sections 17510 through 17524 apply to this chapter:
(a) "Affected state agency" means a state department or agency that is responsible, in whole or in part, for implementation, enforcement, or administration of any statutes or executive orders that are the subject of a matter.(b) "Amendment" of a test claim means the addition of new allegations based on new statutes or executive orders to an existing test claim. The addition or substitution of parties and supporting declarations based on the original statutes or executive orders alleged in an existing test claim is not an "amendment."(c) "Claimant" means the local agency or school district filing a test claim or incorrect reduction claim.(d) "Commission staff" means the executive director, legal counsel, or other Commission employee authorized by the Commission or the executive director to represent the Commission on a specific claim or request, or to receive filings at the Commission office.(e) "Completed" means that all general and specific requirements for a new filing have been satisfied by the claimant or requester.(f) "Filing date" means the date received at the Commission's office during normal business hours by any of the methods described in section 1181.3 of these regulations. "Normal business hours" means from 8 a.m. until 5 p.m. of each day from Monday to Friday, inclusive, other than state holidays, as provided by Government Code section 11020(a).(g) "Incorrect reduction claim" means a claim alleging that the Office of State Controller incorrectly reduced the reimbursement claim of a local agency or school district.(h) "Informational hearing" means any hearing designed to gather and assess information to assist the Commission in formulating policies, informing the public of Commission actions, or obtaining public comment and opinion.(i) "Interested party" means a local agency, school district, or state agency, with a beneficial interest in the matter.(j) "Interested person" means any individual, local agency, school district, state agency, corporation, partnership, association, or other type of entity, who has an interest in a matter before the Commission, but is not a party or interested party with respect to that matter.(k) "New filing" means a test claim, incorrect reduction claim, request to amend parameters and guidelines, joint request for reasonable reimbursement methodology and statewide estimate of costs, request for review of claiming instructions, request for removal or inclusion of a program in the State Mandates Apportionment System, request for review of the apportionment or base year entitlement of a program in the State Mandates Apportionment System, request for mandate redetermination, or a legislatively determined mandate.(l) "Party" includes a party's representative of record who is expressly authorized in writing to act on the party's behalf. A party's representative may be an individual, firm or organization. When a party authorizes a firm or organization to represent them in writing, any current member of the firm or organization may act on the party's behalf without requiring a separate authorization. Party means the following for each matter as specified below: (1) "Party to a Test Claim" means the test claimant, the Department of Finance, and other affected state agencies.(2) "Party to an Incorrect Reduction Claim" means the claimant and the Office of State Controller.(3) "Party to a Request to Amend Parameters and Guidelines" means the requester, the Department of Finance, the Office of State Controller, affected state and local agencies, and affected school districts.(4) "Party to a Joint Request for Reasonable Reimbursement Methodology" and "Party to a Jointly Proposed Request for Early Termination of Reasonable Reimbursement Methodology" means the test claimant and the Department of Finance.(5) "Party to a Request for Review of Claiming Instructions" means the requester and the Office of State Controller.(6) "Party to a Request for Removal or Inclusion in State Mandates Apportionment System" and "Party to a Request for Review of the Apportionment or Base Year Entitlement of a Program in the State Mandates Apportionment System" means the requester, the Department of Finance, and the Office of State Controller.(7) "Party to a Request for Mandate Redetermination" means the requester, the Department of Finance, the Office of State Controller, affected state and local agencies, and affected school districts.(m) "Real Party in Interest" means any person or entity whose interest will be directly affected by the resolution of the matter.(n) "Rulemaking proceeding" means any hearing designed to adopt, amend, or repeal any rule, regulation, or standard of general application that implements, interprets, or makes specific any provision of Title 2, Division 4, Part 7, beginning with Government Code section 17500 or any other statute enforced or administered by the Commission.(o) "Statewide cost estimate" means the approximate sum of money that local agencies or school districts may have incurred to implement a state-mandated program or any increased level of service of an existing mandated program. A statewide cost estimate prepared by a test claimant pursuant to Government Code section 17553(b)(1)(E) shall be an estimate of the first full fiscal year of actual or estimated costs based on the statutes and executive orders alleged in a test claim. In adopting a statewide cost estimate pursuant to Government Code section 17553(a), which shall be an estimate for the initial period of reimbursement to be reported to the Legislature, the Commission may consider the statewide cost estimate prepared by the test claimant, the initial reimbursement claim data, and other relevant information regarding potential mandated local costs, as applicable.(p) "Statewide estimate of costs" is based on a joint reasonable reimbursement methodology proposed by a test claimant and the Department of Finance pursuant to Government Code section 17557.1, that is adopted by the Commission and reported to the Legislature pursuant to Government Code section 17557.2.(q) "Subsequent change in law" pursuant to Government Code 17570 means a change in law that requires a finding that an incurred cost is a cost mandated by the state, as defined by Government Code section 17514, or is not a cost mandated by the state pursuant to Government Code section 17556, or a change in mandates law. Amendments to article XIII B, section 6 of the California Constitution that were approved by the voters on November 2, 2004 and changes in the statutes or executive orders that impose new state-mandated activities and require a finding pursuant to Government Code section 17551(a) are not a "subsequent change in law."(r) "Teleconference" means a conference of individuals in different locations, connected by electronic means, through audio, video, or both.(s) "Test claim" means the first claim filed with the Commission alleging that a particular statute or executive order imposes costs mandated by the state pursuant to Government Code section 17521 and also includes a claim filed on a legislatively determined mandate pursuant to Government Code section 17574(c). The test claim procedure functions similarly to a class action and has been established to expeditiously resolve disputes affecting multiple agencies.(t) "Written material" means any paper or electronic document relevant to a matter that is filed with the Commission except that "written material" does not include a "new filing" as defined in subdivision (k) of this section.Cal. Code Regs. Tit. 2, § 1181.2
Note: Authority cited: Sections 17527(g), 17553(a) and 17570(d), Government Code. Reference: Sections 11020(a), 11123, 17516-17521, 17527(c), 17529, 17530, 17531, 17551, 17553, 17555, 17557, 17557.1, 17557.2, 17558, 17558.5, 17558.7, 17558.8, 17559, 17561, 17561.5, 17570, 17572, 17573, 17600 and 17612, Government Code; Redevelopment Agency v. Commission on State Mandates (1996) 43 Cal.App.4th 1188; and City of San Jose v. State of California (1996) 45 Cal.App.4th 1802.
Note: Authority cited: Sections 17527(g), 17553(a) and 17570(d), Government Code. Reference: Sections 11020(a), 11123, 17516- 17521, 17527(c), 17529, 17530, 17531, 17551, 17553, 17555, 17557, 17557.1, 17557.2, 17558, 17558.5, 17558.7, 17558.8, 17559, 17561, 17561.5, 17570, 17572, 17573, 17600 and 17612, Government Code; Redevelopment Agency v. Commission on State Mandates (1996) 43 Cal.App.4th 1188; and City of San Jose v. State of California (1996) 45 Cal.App.4th 1802.
1. New section filed 7-23-96; operative 7-23-96. Submitted to OAL for printing only (Register 96, No. 30).
2. Amendment of subsections (a) and (b) 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 of subsection (d) 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).
4. Amendment of section heading and section 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).
5. New subsections (e)-(e)7. and amendment of 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).
6. Amendment of section and 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).
7. Amendment of subsection (c)(1), new subsection (d)(8) 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).
8. 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).
9. 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).
10. Amendment of subsection (j) 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 for filing and printing only pursuant to Government Code section 17527(g) (Register 2018, No. 9).
11. Editorial correction of History 10 (Register 2018, No. 18).
12. Amendment of subsections (e), (k), (l), (l)(4), (l)(6) and (o)-(q) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).
13. Amendment of subsection (f) and Note filed 8-16-2021; operative 10/1/2021 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 (Register 2021, No. 34).
14. Amendment of subsection (l) filed 5-9-2024; operative 7/1/2024 (Register 2024, No. 19).