(a) In order to obtain a mandate determination, a local agency or school district shall file a test claim with the Commission pursuant to Government Code sections 17551 and 17553 as follows:(1) A county auditor, auditor-controller, or director of finance who has assumed the duties of controller, may file on behalf of a county.(2) A city manager, director of finance, or other officer with a delegation by ordinance or resolution from the city council, may file on behalf of a city.(3) A district superintendent may file on behalf of a school district.(4) A chancellor, vice chancellor, director of finance, or other officer with authority delegated by the governing body by ordinance or resolution, may file on behalf of a community college district.(5) A general manager or other officer with authority delegated by the governing body by ordinance or resolution may file on behalf of a special district.(b) Claimants may agree to file a test claim as a joint effort if the claimants attest to all of the following in the test claim filing:(1) The claimants allege state-mandated costs result from the same statute or executive order;(2) The claimants agree on all issues of the test claim; and(3) The claimants have designated one person to act as the sole representative for all claimants. Otherwise, the first claim filed on a statute or executive order by a similarly situated claimant is the test claim and no duplicate test claims will be accepted by the Commission. Other similarly situated affected agencies may participate in the process by filing comments in writing on any agenda item as provided in section 1181.10 of these regulations, and may attend any Commission hearing on the test claim and provide written or oral comments to the Commission. Affected agencies that are not similarly situated, meaning that test claim statutes affect them differently, may file a test claim on the same statutes as the first claim, but must demonstrate how and why they are affected differently.
(c) Except as provided in Government Code sections 17573 and 17574, any test claim or amendment filed with the Commission must be filed not later than 12 months (365 days) following the effective date of a statute or executive order, or within 12 months (365 days) of first incurring increased costs as a result of a statute or executive order, whichever is later.(d) All test claims, or amendments thereto, shall be filed on a form developed by the executive director and shall contain all of the elements and supplemental documents required by statute, regulation and the form. When an omnibus bill is pled, claimant shall file only the relevant pages of the statute, including the Legislative Counsel's Digest and the specific statutory changes at issue.(e) A test claim, or amendment thereto, and accompanying documents shall be certified, filed, and served in accordance with section 1181.3 of these regulations. All representations of fact shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations.(f) Within 10 days of receipt of a test claim, or amendment thereto, Commission staff shall notify the claimant if the test claim is complete or incomplete. Test claims will be considered incomplete if any of the requirements of Government Code section 17553 or this section are illegible, not included, or are not met. If a complete test claim is not received within 30 calendar days from the date the incomplete test claim was returned, the executive director may disallow the original test claim filing date. A new test claim may be accepted on the same statute or executive order alleged to impose a reimbursable state-mandated program.(g) Any test claim, or portion of a test claim, that the Commission lacks jurisdiction to hear for any reason, including that the test claim was not filed within the period of limitation required by subdivision (c) of this section, may be rejected or dismissed by the executive director with a written notice stating the reason therefor. However, for an otherwise timely and complete test claim over which the Commission would have jurisdiction, except that it was filed by a local agency that is not eligible to seek reimbursement because it is not subject to the taxing and spending limitations of articles XIII A and B of the California Constitution, the Commission shall follow the process outlined in section 1187.14(b).Cal. Code Regs. Tit. 2, § 1183.1
Note: Authority cited: Sections 17527(g) and 17553, Government Code. Reference: Sections 17521, 17530, 17551, 17553, 17557(e), 17573, 17574, 24000, 24300.5, 26881, 26900, 26970, 26972, 34852, 37209, 40805.5 and 56723, Government Code; and Sections 35034 and 35035, Education Code.
Note: Authority cited: Sections 17527(g) and 17553, Government Code. Reference: Sections 17521, 17530, 17551, 17553, 17557(e), 17573, 17574, 24000, 24300.5, 26881, 26900, 26970, 26972, 34852, 35034, 35035, 37209, 40805.5 and 56723, Government Code.
1. Amendment of section heading, section and Note filed 7-23-96; operative 7-23-96. Submitted to OAL for printing only (Register 96, No. 30).
2. Amendment of section heading, 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).
3. New article 3 (sections 1183.1-1183.18) 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).
4. Amendment of subsection (a), including redesignation of portion of former subsection (a) as new subsection (b) and subsection relettering, new subsections (a)(1)-(5) and 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).
5. Repealer of subsection (i) filed 9-13-2016; operative 10/1/2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
6. Amendment of subsections (a)(1), (c), (e) and (g)(3) 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).
7. Editorial correction of History 6 (Register 2018, No. 18).
8. Editorial correction of subsection (a)(1) (Register 2019, No. 49).
9. Amendment of subsections (b) and (e) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).
10. Amendment of subsections (a) and (b), new subsections (b)(1)-(3), amendment of subsection (f), repealer of subsections (g)-(g)(3), subsection relettering and amendment of newly designated subsection (g) 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).
11. Amendment of subsection (g) and NOTE filed 5-9-2024; operative 7/1/2024 (Register 2024, No. 19).