Section 1185.4 - Joining a Consolidated Incorrect Reduction Claim(a) Within 30 days of receipt of the Commission's notice regarding the original claimant's notice of intent to consolidate an incorrect reduction claim, any other eligible claimant may, on a form provided by the Commission, file a notice of intent to join the consolidated incorrect reduction claim.(b) All notices of intent to join a consolidated incorrect reduction claim shall comply with section 1185.1(c) and contain at least the following elements and documents: (1) A copy of the 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.(2) A copy of the subject reimbursement claims submitted to the Office of State Controller.(3) A notice of intent to join a consolidated incorrect reduction claim shall include a certification by the joining claimant authorizing the original claimant to act as its representative in the consolidated incorrect reduction claim, and a declaration under penalty of perjury that the filing is true and complete to the best of the declarant's personal knowledge, information, or belief. The date signed, the declarant's title, address, telephone number, and e-mail address shall be included. All representations of fact shall be supported by testimonial or documentary evidence in accordance with section 1187.5 of these regulations.(4) The joining claimant shall certify, file, and serve one original notice of intent to join and accompanying documents in accordance with section 1181.3 of these regulations.(c) Within 10 days of receipt of a notice of intent to join a consolidated incorrect reduction claim, Commission staff shall notify the joining claimant if the notice of intent to join is complete or incomplete. Notices of intent to join a consolidated incorrect reduction claim will be considered incomplete if any of the elements required in subdivision (b) of this section are illegible or not included. Incomplete notices of intent shall be returned to the joining claimant. If a complete notice of intent to join a consolidated incorrect reduction claim is not received by the Commission within 30 days from the date the incomplete notice of intent was returned to the joining claimant, the executive director may deem the filing withdrawn.(d) Any notice of intent to join the consolidated incorrect reduction claim, or portion thereof, that the Commission lacks jurisdiction to hear for any reason, including that the notice was not filed within the period of limitation required by section 1185.1(c) of these regulations, may be rejected or dismissed by the executive director with a written notice stating the reason therefor.Cal. Code Regs. Tit. 2, § 1185.4
Note: Authority cited: Sections 17527(g), 17553(a) and 17558.7(g), Government Code. Reference: Sections 17558.5(c) and 17558.7, Government Code.
Note: Authority cited: Sections 17527(g), 17553(a) and 17558.7(g), Government Code. Reference: Sections 17558.5(c) and 17558.7, Government Code.
1. New section 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).
2. Amendment of subsection (a)(1) 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).
3. 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).
4. 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).
5. Amendment of subsections (b)(1) and (b)(3), new subsection (d) and amendment of Note filed 9-13-2016; operative 10/1/2016 pursuant to Government Code section 17527(g) (Register 2016, No. 38).
6. Amendment of subsection (b)(3) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).
7. Amendment of subsection (d) filed 8-16-2021; operative 10/1/2021 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 (Register 2021, No. 34).
8. Amendment of subsection (b)(4) 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).
9. Amendment of subsection (c) filed 5-9-2024; operative 7/1/2024 (Register 2024, No. 19).