Section 1185.7 - Review of Completed Incorrect Reduction Claims and Preparation of Proposed Decision(a) The Commission shall conduct a hearing in accordance with article 7 of these regulations before adopting a decision on an individual or consolidated incorrect reduction claim.(b) Before hearing an individual or consolidated incorrect reduction claim, Commission staff shall prepare a proposed decision for the incorrect reduction claim that shall include a review of the incorrect reduction claim, comments and rebuttals filed on the claim and, to the extent that it is relevant to the claim, a review of the test claim decision and decision and parameters and guidelines. The proposed decision shall also include a staff recommendation on whether the claimant's reimbursement claim was incorrectly reduced.(c) At least eight weeks before the hearing or at a time required by the executive director or stipulated to by the claimant and the Office of State Controller, Commission staff shall issue the draft proposed decision to all those on the mailing list described in section 1181.4 of these regulations.(d) 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. Written comments may be filed and shall be certified, filed, and served in accordance with section 1181.3 of these regulations, by the date determined and noticed by the executive director. 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 for the incorrect reduction claim.(e) 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 (d) 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 after the comment period expires.Cal. Code Regs. Tit. 2, § 1185.7
1. Renumbering of former section 1185.1 to new section 1185.7, including 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).
2. 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).
3. Amendment of subsections (b) and (c) 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).
4. Amendment of subsection (d) 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).
5. Editorial correction of HISTORY 4 (Register 2018, No. 18).
6. Amendment of subsections (c)-(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 17530 and 17551(d), Government Code.
1. Renumbering of former section 1185.1 to new section 1185.7, including 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).
2. 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).
3. Amendment of subsections (b) and (c) 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).
4. Amendment of subsection (d) 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).
5. Editorial correction of History 4 (Register 2018, No. 18).
6. Amendment of subsections (c)-(e) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).