Section 1190.1 - Filing a Request to Adopt a New Test Claim Decision(a) A local agency or a school district, statewide association of local agencies or school districts, the Department of Finance, Office of the State Controller, or other affected state agency, may file a request to adopt a new test claim decision to supersede a previously adopted test claim decision by making a showing that the state's liability pursuant to Article XIII B, section 6(a) of the California Constitution for the previously adopted test claim decision has been modified based on a "subsequent change in law" as defined by Government Code section 17570(a)(2). Such a request is known as a "request for mandate redetermination."(b) All requests for mandate redetermination shall be filed on a form developed by the executive director and shall contain a detailed analysis of how and why the state's liability for mandate reimbursement has been modified pursuant to article XIII B, section 6(a) of the California Constitution and all of the elements and accompanying documents required by the form and Government Code section 17570(d). If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations.(c) The detailed analysis of how and why the state's liability for mandate reimbursement has been modified pursuant to article XIII B, section 6(a) of the California Constitution based on a "subsequent change in law" as defined by Government Code section 17570 requires more than a written narrative or simple statement of the facts and law. It requires the application of the law (Gov. Code § 17570 (a) and (b)) to the facts (i.e. the alleged subsequent change in law) discussing, for each activity addressed in the prior test claim decision, how and why the state's liability for that activity has been modified. Specific references shall be made to statutes and chapters, articles, sections, and page numbers that are alleged to impose or not impose a reimbursable state-mandated program.(d) A request for mandate redetermination and accompanying documents shall be certified, filed, and served in accordance with section 1181.3 of these regulations.(e) Within 10 days of receipt of a request for mandate redetermination, Commission staff shall notify the requester if the request is complete or incomplete and refer the requester to these regulations. Requests for mandate redetermination shall be considered incomplete if any of the elements required in subdivisions (b), (c), or (d) of this section are illegible or are not included. If a complete request for mandate redetermination is not received within 30 calendar days from the date the incomplete request was returned, the executive director shall disallow the original request filing date. New requests for mandate redetermination may be accepted on the same subsequent change in law alleged to modify the state's liability pursuant to article XIII B, section 6(a) of the California Constitution.(f) A request for mandate redetermination shall be filed on or before June 30 following a fiscal year in order to establish eligibility for reimbursement or loss of reimbursement for that fiscal year.(g) A requester may not add a new subsequent change in law to a request for mandate redetermination after the request has been deemed complete.(h) Any request for mandate redetermination that fails to allege a "subsequent change in law," as defined by Government Code section 17570, shall be returned by the executive director with a written notice stating the reason that the request is being returned. These filings may include, but are not limited to, requests that meet the requirements for a proposed parameters and guidelines amendment or a new test claim filing.Cal. Code Regs. Tit. 2, § 1190.1
1. New article 10 (sections 1190.1-1190.5) 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).
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 (a) and (c) filed 9-13-2016; operative 10-1-2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
4. Amendment of subsections (b) and (d) 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).
5. Editorial correction of HISTORY 4 (Register 2018, No. 18).
6. Amendment of subsection (b) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4). Note: Authority cited: Sections 17527(g), 17553(a) and 17570(d), Government Code. Reference: Sections 17530 and 17570, Government Code.
1. New article 10 (sections 1190.1-1190.5) 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).
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 (a) and (c) filed 9-13-2016; operative 10/1/2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
4. Amendment of subsections (b) and (d) 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).
5. Editorial correction of History 4 (Register 2018, No. 18).
6. Amendment of subsection (b) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).