Section 1185.8 - Withdrawal of Incorrect Reduction Claims(a) An incorrect reduction claim, except for a claim by the original claimant in a consolidated incorrect reduction claim, may be withdrawn by written application any time before a decision is adopted or by oral application at the time of hearing. If an application is made, the executive director shall issue a letter to the claimant and the State Controller dismissing the claim.(b) An incorrect reduction claim, by the original claimant in a consolidated incorrect reduction claim, may be withdrawn by written application any time before a decision is adopted or by oral application at the time of hearing. The original claimant shall certify, file, and serve the written application in accordance with section 1181.3 of these regulations and Commission staff shall post a copy of the notice on the Commission's website for 60 days prior to dismissal of the incorrect reduction claim. If one of the joint claimants takes over the claim, it shall, within 60 days of providing notice of its intent to take over the claim, perfect the filing by filing the written narrative as required by section 1185.1 of these regulations. If none of the joint claimants takes over the claim by substitution of parties within 60 days of service and posting of the application to withdraw, the executive director shall issue a letter to everyone on the mailing list described in section 1181.4 of these regulations dismissing the claim and providing the joint claimants with an opportunity to perfect their individual claims within 60 days of service by filing the written narrative as required by section 1185.1 of these regulations. The letter shall be posted on the Commission's website.Cal. Code Regs. Tit. 2, § 1185.8
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 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 subsection (b) 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 subsection (b) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4). Note: Authority cited: Sections 17527(g) and 17553(a), Government Code. Reference: Section 17551(d), 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 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 subsection (b) 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 subsection (b) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).