Section 1183.16 - Expiration of a Joint Reasonable Reimbursement Methodology(a) At least one year before the expiration of a joint reasonable reimbursement methodology adopted pursuant to Government Code sections 17557.1 and 17557.2, Commission staff shall issue a notice to the test claimant and the Department of Finance, which shall also be served to everyone on the mailing list described in section 1181.4 of these regulations and posted on the Commission's website, that the test claimant and Department of Finance may do one of the following within 60 days: (1) Jointly propose amendments to the reasonable reimbursement methodology by filing: (A) the draft reasonable reimbursement methodology,(B) a description of the steps the test claimant and the Department of Finance undertook to determine the level of support by local agencies or school districts for the draft reasonable reimbursement methodology,(C) an agreement that the reasonable reimbursement methodology developed and approved under Government Code section 17557.2 shall be in effect for a period of five years unless a different term is approved by the Commission, and(D) an estimate of the mandate's annual cost for the subsequent budget year.(2) Jointly propose that the reasonable reimbursement methodology remain in effect.(3) Allow the joint reasonable reimbursement methodology to expire and notify the Commission that the test claimant will file proposed parameters and guidelines to the Commission pursuant to Government Code section 17557(a) and section 1183.8 of these regulations or request that Commission staff prepare expedited parameters and guidelines pursuant to section 1183.9 of these regulations to replace the joint reasonable reimbursement methodology.(b) Copies of the proposals filed under subdivision (a) shall be filed and served in accordance with section 1181.3 of these regulations.(c) The test claimant and the Department of Finance may jointly propose amendments to the joint reasonable reimbursement methodology or the continuation of a joint reasonable reimbursement methodology by filing a request made pursuant to Government Code section 17557.2(f), 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.(d) Commission staff shall notify everyone on the mailing list described in section 1181.4 of these regulations that they shall have the opportunity to file written comments on the jointly proposed amendments or request for continuation of the joint reasonable reimbursement methodology within 30 days of service, and shall post a copy of the notice on the Commission's website.(e) 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.(f) Within 15 days of service of the written comments filed by other parties and interested parties, 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.(g) At least 10 days prior to the next hearing, Commission staff shall review the comments and issue a recommendation on whether the Commission should approve the jointly proposed amendments or the continuation of a joint reasonable reimbursement methodology pursuant to Government Code section 17557.2(g).(h) Within 10 days of the adoption of the jointly proposed amendment or continuation of a joint reasonable reimbursement methodology, the executive director shall issue the decision 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 it on the Commission's website.(i) If the test claimant or the Department of Finance fails to respond within 60 days to the notice described in subdivision (a) of this section, Commission staff shall prepare and issue draft expedited parameters and guidelines, pursuant to Government Code section 17557(a) and section 1183.9 of these regulations, within 30 days of the parties' failure to respond.Cal. Code Regs. Tit. 2, § 1183.16
1. 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 subsection (i) and 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 (c)-(f) 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).
4. Editorial correction of HISTORY 3 (Register 2018, No. 18).
5. Amendment of section heading and section 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 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 subsection (i) and 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 (c)-(f) 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).
4. Editorial correction of History 3 (Register 2018, No. 18).
5. Amendment of section heading and section filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).