Statutes, codes, and regulations
California Code Of Regulations
Title 2 - AdministrationDivision 2 - Financial OperationsChapter 2.5 - Commission on State Mandates
Article 5 - Incorrect Reduction Claims
Section 1185.1 - Incorrect Reduction Claim Filing

Cal. Code Regs. tit. 2 § 1185.1

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1185.1 - Incorrect Reduction Claim Filing
(a) To obtain a determination that the Office of State Controller incorrectly reduced a reimbursement claim, a claimant shall file an "incorrect reduction claim" with the Commission 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) If a claimant intends to pursue an incorrect reduction claim on behalf of a class of claimants, it must notify the Commission of its intent to do so at the time it files its incorrect reduction claim and meet the requirements of section 1185.3 of these regulations.
(c) All incorrect reduction claims and amendments thereto shall be filed with the Commission no later than three years following the date a claimant first receives from the Office of State Controller a final state audit report, letter, or other written notice of adjustment to a reimbursement claim, which complies with Government Code section 17558.5(c) by specifying the claim components adjusted, the amounts adjusted, interest charges on claims adjusted to reduce the overall reimbursement to the claimant, and the reason for the adjustment. The filing shall be returned to the claimant for lack of jurisdiction if this requirement is not met.
(d) An incorrect reduction claim shall pertain to alleged incorrect reductions in a reimbursement claim filed by one claimant. The incorrect reduction claim may be for more than one fiscal year.
(e) All incorrect reduction claims, or amendments thereto, shall be filed on a form provided by the Commission.
(f) All incorrect reduction claims, or amendments thereto, shall contain at least the following elements and documents:
(1) A copy of the Office of State Controller's claiming instructions that were in effect during the fiscal years of the reimbursement claims.
(2) A written detailed narrative that describes the alleged incorrect reductions. The narrative shall include a comprehensive description of the reduced or disallowed areas of costs.
(3) All representations of fact shall be supported by testimonial or documentary evidence in accordance with section 1187.5 of these regulations.
(4) A copy of any final state audit report, letter, or other written notice of adjustment from the Office of State Controller that explains the claim components adjusted, amounts reduced, and the reasons for the reduction or disallowance.
(5) A copy of the subject reimbursement claims the claimant submitted to the Office of State Controller.
(g) An incorrect reduction claim, or amendment thereto, and any accompanying documents, shall be certified, filed, and served in accordance with section 1181.3 of these regulations.

Cal. Code Regs. Tit. 2, § 1185.1

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 (a) and (b) 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 and NOTE filed 4-21-2003; operative 4-21-2003. Submitted to OAL for printing only pursuant to Government Code section 17527(g) (Register 2003, No. 17).
4. Renumbering of former section 1185.01 to section 1185.1 and amendment of NOTE filed 5-8-2007; operative 5-8-2007 pursuant to Government Code section 11343.4. Submitted to OAL for printing only (Register 2007, No. 19).
5. New article 5 (sections 1185.1-1185.9) 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).
6. Amendment of subsection (a), 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).
7. Amendment of subsections (c), (f)(4) and (g) and amendment of NOTE filed 9-13-2016; operative 10-1-2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
8. Amendment of subsections (f)(3) 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).
9. Editorial correction of HISTORY 8 (Register 2018, No. 18).
10. Amendment of subsections (c) and (f)(3) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).
11. Amendment of subsections (a)(1) and (g) and repealer of subsection (h) filed 7-11-2022; operative 10-1-2022. Submitted to OAL for filing and printing only pursuant to Government Code section 17527 (Register 2022, No. 28).

Note: Authority cited: Sections 17527(g) and 17553(a), Government Code. Reference: Sections 17530, 17551(d), 17553(d), 17558.5(c) and 17558.7(a), 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 (a) and (b) 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 and Note filed 4-21-2003; operative 4-21-2003. Submitted to OAL for printing only pursuant to Government Code section 17527(g) (Register 2003, No. 17).
4. Renumbering of former section 1185.01 to section 1185.1 and amendment of Note filed 5-8-2007; operative 5-8-2007 pursuant to Government Code section 11343.4. Submitted to OAL for printing only (Register 2007, No. 19).
5. New article 5 (sections 1185.1-1185.9) 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).
6. Amendment of subsection (a), 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).
7. Amendment of subsections (c), (f)(4) and (g) and amendment of Note filed 9-13-2016; operative 10/1/2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
8. Amendment of subsections (f)(3) 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).
9. Editorial correction of History 8 (Register 2018, No. 18).
10. Amendment of subsections (c) and (f)(3) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).
11. Amendment of subsections (a)(1) and (g) and repealer of subsection (h) filed 7-11-2022; operative 10/1/2022. Submitted to OAL for filing and printing only pursuant to Government Code section 17527 (Register 2022, No. 28).