Cal. Code Regs. tit. 2 § 1183.13

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1183.13 - Adoption of Parameters and Guidelines
(a) Except as provided in section 1183.9(d) of these regulations, after review of the test claim decision, claimant's proposed parameters and guidelines or draft expedited parameters and guidelines, and written comments and rebuttals, Commission staff shall prepare a draft proposed decision and parameters and guidelines. Commission staff's recommendation may include a reasonable reimbursement methodology developed pursuant to Government Code section 17518.5 and proposed pursuant to section 1183.12 of these regulations.
(b) Written comments on the draft proposed decision and parameters and guidelines shall be certified, filed, and served in accordance with section 1181.3 of these regulations, by the date noticed by the executive director. A three-week period for comments shall be given, subject to the executive director's authority to expedite all matters pursuant to Government Code section 17530. If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations. All written comments timely filed shall be reviewed by Commission staff and may be incorporated into the proposed decision and parameters and guidelines.
(c) It is the Commission's policy to discourage the introduction of late comments, exhibits, or other evidence filed after the three-week comment period described in subdivision (b) of this section. The Commission need not rely on, and staff need not respond to, late comments, exhibits, or other evidence filed in response to a draft proposed decision and parameters and guidelines after the comment period expires.
(d) The Commission shall conduct a hearing in accordance with article 7 of these regulations before adoption of the proposed decision and parameters and guidelines.
(e) Within 10 days after the adoption of the decision and parameters and guidelines, the executive director shall issue it to the Office of the State Controller and to everyone on the mailing list described in section 1181.4 of these regulations, and shall post a copy on the Commission's website.

Cal. Code Regs. Tit. 2, § 1183.13

1. New 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).
2. New subsections (a)-(b)(2)(C) and subsection relettering filed 9-10-2007; operative 9-10-2007. Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527(g) (Register 2007, No. 37).
3. Amendment of section 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).
4. 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).
5. Amendment 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).
6. Amendment of subsection (b) 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).
7. Editorial correction of HISTORY 6 (Register 2018, No. 18).
8. Amendment of subsections (a)-(c) and (e) 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 17518.5, 17530, 17553(a) and 17557, Government Code.

1. New 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).
2. New subsections (a)-(b)(2)(C) and subsection relettering filed 9-10-2007; operative 9-10-2007. Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527(g) (Register 2007, No. 37).
3. Amendment of section 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).
4. 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).
5. Amendment 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).
6. Amendment of subsection (b) 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. Amendment of subsections (a)-(c) and (e) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).