Cal. Code Regs. tit. 2 § 1183.18

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 1183.18 - Timelines

(a) In computing any period of time prescribed by these regulations and applicable statutes, including the filing date as defined in section 1181.2 of these regulations, the following rules shall apply:

(1) The day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or state holiday.

(2) Days representing extensions of time and postponements of hearings granted to the parties shall be tolled and may not be counted toward the date on which a statewide cost estimate must be adopted by the Commission.

(3) Days following a test claimant's submission of incomplete information to the Commission, from the date on which Commission staff returns the incomplete information to the claimant up to the date on which the Commission receives complete information from the test claimant, shall be tolled and may not be counted toward the date on which a statewide cost estimate must be adopted by the Commission.

(4) If a party or interested party to a test claim notifies Commission staff that a reasonable reimbursement methodology may be developed for inclusion in pending parameters and guidelines, the days following the date of the notification up to the date on which a reasonable reimbursement methodology is developed, shall be tolled and may not be counted toward the date on which a statewide cost estimate must be adopted by the Commission. The days tolled shall not exceed 60 days from the date of the notification.

(5) If the test claimant and the Department of Finance notify the Commission staff in writing of their intent to develop a reasonable reimbursement methodology and statewide estimate of costs for the initial claiming period and budget year for reimbursement pursuant to Government Code section 17557.1, the days following the date of the notification up to the date on which a draft reasonable reimbursement methodology and proposed statewide estimate of costs are developed and filed with the Commission, shall be tolled and may not be counted toward the date by which a statewide cost estimate must be adopted by the Commission. The days tolled shall not exceed 180 days from the date of the notification.

(6) Three days shall be added to any prescribed period in which a party or interested party is required or permitted to do an act after service of a document upon that party or interested party by mail. The three days added for mail service shall be tolled and may not be counted toward the date on which a statewide cost estimate must be adopted.

(7) Solely for the purpose of determining when a statewide cost estimate shall be adopted, test claims that are amended, severed, or consolidated shall be deemed filed on the effective date of the last amendment, severance, or consolidation, unless otherwise stipulated by the parties and approved by the executive director.

(8) Days between the effective date of the parameters and guidelines and the date the initial reimbursement claims are due to the Office of the State Controller shall be tolled and may not be counted toward the date on which a statewide cost estimate must be adopted by the Commission.

(b) The following timelines shall be used by Commission staff as a reference for the timely processing of test claims, adoption of statewide cost estimates or statewide estimates of costs:

(1) Timeline for a Test Claim, Parameters and Guidelines, and Statewide Cost Estimate (12 Months)

PARTY/ACTIVITIES	DAY NUMBER
TEST CLAIM
CLAIMANT files test claim with the COMMISSION.	0
COMMISSION staff begins counting days on the first day after receipt.	1
COMMISSION staff reviews test claim to determine if complete	by 10
COMMISSION staff issues test claim to state agencies and those on the mailing list for comment.	by 10
COMMISSION staff convenes informal conference with parties, if necessary.	by 30
STATE AGENCIES, PARTIES, INTERESTED PARTIES, AND INTERESTED PERSONS may file comments on test claim.	by 40
CLAIMANT may file rebuttal.	by 70
COMMISSION staff prepares the draft proposed decision on the test claim and issues to those on the mailing list.	by 100
PARTIES, INTERESTED PARTIES, AND INTERESTED PERSONS may file comments on draft proposed decision on the test claim.	by 130
COMMISSION staff completes analysis and issues proposed decision to those on the mailing list.	by 160
COMMISSION hears test claim and adopts decision.	by 180
COMMISSION staff issues decision to those on the mailing list and serves on parties.	by 190
COMMISSION staff notifies Legislature of decision	by 210
PARAMETERS AND GUIDELINES
CLAIMANT files proposed Parameters and Guidelines.	by 210
STATE AGENCIES, PARTIES, INTERESTED PARTIES, AND INTERESTED PERSONS may file comments.	by 235
CLAIMANT may file rebuttal.	by 250
COMMISSION staff issues draft proposed decision and parameters and guidelines to those on the mailing list.	by 265
PARTIES, INTERESTED PARTIES, AND INTERESTED PERSONS may file comments on draft proposed decision and parameters and guidelines.	by 275
COMMISSION staff issues proposed decision and parameters and guidelines to those on the mailing list.	by 279
COMMISSION conducts hearing and adopts decision and parameters and guidelines.	by 293
COMMISSION staff issues decision and parameters and guidelines to those on the mailing list and serves on parties.	by 303
STATEWIDE COST ESTIMATE
COMMISSION staff prepares and issues the draft statewide cost estimate to those on the mailing list.	by 335
ALL PARTIES, INTERESTED PARTIES, AND INTERESTED PERSONS may comment on draft statewide cost estimate.	by 345
COMMISSION staff prepares and issues the proposed statewide cost estimate to those on the mailing list.	by 350
COMMISSION conducts hearing and adopts statewide cost estimate.	by 365
COMMISSION staff issues statewide cost estimate to those on the mailing list.	by 375
COMMISSION staff reports Statewide Cost Estimate to the Legislature.	by 395
(2) Timeline for a Test Claim, Reasonable Reimbursement Methodology, and Statewide Estimate of Costs

PARTY/ACTIVITIES	DAY NUMBER
TEST CLAIM WITH JOINT REASONABLE REIMBURSEMENT METHODOLOGY (RRM) AND STATEWIDE ESTIMATE OF COSTS (SEC)
CLAIMANT files test claim with the Commission.	0
COMMISSION staff begins counting days on the first day after receipt.	1
COMMISSION staff reviews test claim to determine if complete.	by 10
COMMISSION staff issues test claim to state agencies and those on the mailing list for comment.	by 10
COMMISSION staff convenes informal conference with parties, if necessary.	by 30
STATE AGENCIES, PARTIES, INTERESTED PARTIES, AND INTERESTED PERSONS may file comments on test claim.	by 40
CLAIMANT may file rebuttal.	by 70
COMMISSION staff prepares and issues the draft proposed decision on the test claim to those on the mailing list.	by 100
PARTIES, INTERESTED PARTIES, AND INTERESTED PERSONS may file comments on the draft proposed decision on the test claim.	by 130
COMMISSION staff completes analysis and issues proposed decision to those on the mailing list.	by 160
COMMISSION hears test claim and adopts decision.	by 180
COMMISSION staff issues decision to those on the mailing list.	by 190
COMMISSION staff notifies Legislature of decision.	by 210

PARTY/ACTIVITIES	DAY NUMBER
JOINT REASONABLE REIMBURSEMENT METHODOLOGY (RRM) AND STATEWIDE ESTIMATE OF COSTS (SEC)
CLAIMANT AND DEPARTMENT OF FINANCE (DOF) notify Commission in writing of their intent to follow the process in 17557.1 to develop a joint RRM and SEC (within 30 days after adoption of test claim decision).	by 210
CLAIMANT AND DOF file plan no later than 6 months after the date of letter of intent and sixty (60) days before hearing.	by 400
COMMISSION staff notifies those on the mailing list of comment period.	by 410
PARTIES, INTERESTED PARTIES, AND INTERESTED PERSONS may file comments on the draft RRM and SEC.	by 425
CLAIMANT AND DOF may file rebuttal.	by 432
COMMISSION staff issues filed comments and staff recommendation.	by 450
COMMISSION conducts hearing, approves the draft RRM, and adopts the proposed SEC for the initial claiming period and budget year.	by 460
COMMISSION staff issues RRM to the CONTROLLER and to those on the mailing list.	by 470
COMMISSION staff reports SEC to the Legislature.	by 490

Cal. Code Regs. Tit. 2, § 1183.18

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 subsections (b)(1) and (b)(2) 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).
3. Amendment of subsections (b)(1) and (b)(2) filed 9-13-2016; operative 10-1-2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
4. Amendment of subsections (a)(5), (a)(7) and (b)(1) 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 17527, 17532, 17553, 17555, 17557(e), 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 subsections (b)(1) and (b)(2) 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).
3. Amendment of subsections (b)(1) and (b)(2) filed 9-13-2016; operative 10/1/2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
4. Amendment of subsections (a)(5), (a)(7) and (b)(1) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).