Cal. Code Regs. tit. 2 § 1183.11

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1183.11 - Alternative Process: Joint Reasonable Reimbursement Methodology and Statewide Estimate of Costs
(a) Notwithstanding Government Code section 17557, within 30 days of the adoption of a decision on a test claim, the successful test claimant and the Department of Finance may notify the executive director in writing of their intent to follow the process described in Government Code sections 17557.1- 17557.2 to develop a reasonable reimbursement methodology and statewide estimate of costs.
(b) The written notification shall provide all information and filing dates, as specified in Government Code section 17557.1(a), and shall be certified, filed, and served in accordance with section 1181.3 of these regulations.
(c) At the request of the test claimant and the Department of Finance, the executive director may provide for up to four extensions of the 180-day period to file the draft reasonable reimbursement methodology and proposed statewide estimate of costs for the initial claiming period and budget year. Any request must be based on good cause as described in section 1187.9 and also include an update of all information and filing dates provided in the original written notification filed pursuant to Government Code section 17557.1(a). If no draft has been filed and no request for an extension has been made by the filing date specified in the notice of intent to develop a reasonable reimbursement methodology, or if all extensions have been exhausted, the executive director shall issue a letter notifying the test claimant of the duty to file proposed parameters and guidelines within 30 days under Government Code section 17557(a).
(d) The test claimant and Department of Finance shall certify, file, and serve any filings made pursuant to Government Code section 17557.1 in accordance with section 1181.3 of these regulations. If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations.
(e) Commission staff shall notify all recipients that they shall have the opportunity to file written comments concerning the draft reasonable reimbursement methodology and proposed statewide estimate of costs within 15 days of service.
(f) Written comments shall be certified, filed, and served in accordance with section 1181.3 of these regulations. If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations.
(g) Within seven days of service of the written comments, the test claimant and Department of Finance may file written rebuttals which shall be certified, filed, and served in accordance with section 1181.3 of these regulations. If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations.
(h) At least 10 days prior to the next hearing, Commission staff shall review comments and issue a staff recommendation on whether the Commission should approve the draft reasonable reimbursement methodology and adopt the proposed statewide estimate of costs pursuant to Government Code section 17557.2.

Cal. Code Regs. Tit. 2, § 1183.11

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 (b)-(d) 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 section heading, new subsections (a) and (b), subsection relettering and amendment of newly designated subsections (c)-(f) 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).
4. Amendment of subsection (a) 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).
5. Amendment of subsections (c) and (e)-(f) 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).
6. 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).
7. 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).
8. Amendment of subsection (c) filed 9-13-2016; operative 10-1-2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
9. Amendment of subsections (b), (d), (f) and (g) 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).
10. Editorial correction of HISTORY 9 (Register 2018, No. 18).
11. Amendment of section heading and subsections (c)-(g) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).

Note: Authority cited: Sections 17527(g) and 17553(a), Government Code. Reference: Sections 17557, 17557.1 and 17557.2, Government Code.

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 (b)-(d) 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 section heading, new subsections (a) and (b), subsection relettering and amendment of newly designated subsections (c)-(f) 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).
4. Amendment of subsection (a) 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).
5. Amendment of subsections (c) and (e)-(f) 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).
6. 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).
7. 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).
8. Amendment of subsection (c) filed 9-13-2016; operative 10/1/2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
9. Amendment of subsections (b), (d), (f) and (g) 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).
10. Editorial correction of History 9 (Register 2018, No. 18).
11. Amendment of section heading and subsections (c)-(g) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).