Rulemaking

Original Rulemaking Package Issued For Comment to the Rulemaking Mailing List on February 3, 2021 and Published in the California Regulatory Notice Register 2021, No. 6-Z on February 5, 2021.

Government Code section 17527(g), authorizes the Commission on State Mandates (Commission) to adopt the proposed regulations.  Reference citations:  Government Code sections 11123, 11346.4, 11347, 11347.1, and 17500 et seq. 

The Commission is a seven-member quasi-judicial body authorized to resolve disputes regarding the existence of state-mandated local programs (Government Code section 17500 et seq.) and to hear matters involving county applications for a finding of significant financial distress (Welfare and Institutions Code section 17000.6).

 

The purpose of this rulemaking is to generally clean-up, clarify, and streamline Commission regulations and update language for consistency.  The proposed regulations:  (1) add a definition of "normal business hours" to clarify the Commission's normal business hours from 8 a.m. until 5 p.m. of each day from Monday to Friday, excluding state holidays, and that 5 p.m. is the filing cutoff for new filings and written materials to be deemed filed that day; (2) clarify the requirements for test claim filing; (3) clarify that test claims and incorrect reduction claims may be either rejected or dismissed for lack of jurisdiction and clarify the process for rejecting or dismissing a test claim for lack of jurisdiction; (4) clarify that service charge and assessment authority are to be included as offsetting revenues and reimbursements in parameters and guidelines consistent with the purpose of article XIII B, section 6 of the California Constitution; (5) clarify the evidentiary standard for requests for extension of time and postponement of hearing; (6) make minor, non-substantive consistency edits, corrections; and (7) update reference citations.

 

Therefore, the Commission proposes revised language and citations in Articles 1, 3, 5, and 7 of the California Code of Regulations, Division 2, Title 2, Chapter 2.5 (Sections 1181.2, 1181.3, 1181.4, 1183.1, 1183.7, 1183.17, 1185.2, 1185.3, 1185.4, 1187.9) with a proposed effective date of October 1, 2021.

 

We invite your participation in the Commission’s rulemaking proceeding. The Commission’s rulemaking packet is posted on http://www.csm.ca.gov/rulemaking.php and includes the following documents:

 

· Order to Initiate Rulemaking Proceedings (No. 21-02 - Adopted January 22, 2021)

· Notice of Proposed Rulemaking

· Initial Statement of Reasons (ISOR)

· Proposed Text of Regulations

 

Any interested person or their authorized representative, may submit written comments relevant to the proposed regulatory action to the Commission.  The comment period closes at 5:00 p.m. on March 22, 2021.  The Commission will only consider written comments received at the Commission offices by that time.  Commenters are strongly encouraged to submit their written comments electronically if possible (to prevent the spread of COVID-19) via the Commission website "Drop Box" at http://www.csm.ca.gov/dropbox.php.  Written comments may also be submitted to:  Jill Magee, Program Analyst, Commission on State Mandates, 980 Ninth Street, Suite 300, Sacramento, CA 95814, Phone:  (916) 323-3562.

 

The Commission has not scheduled a public hearing for this proposed action.  However, if it receives a written request for a public hearing from any interested person or their authorized representative no later than 15 days before the close of the written comment period, by March 8, 2021, the Commission will conduct a public hearing on this proposed action on March 26, 2021 and will notify all persons of the date, time, and location of the hearing pursuant to Government Code section 11346.8(a).  For more details, please view the Notice of Proposed Rulemaking posted on the Commission's website as described above

 

Adoption of Proposed Regulation Amendments After Close of 45-Day Comment Period

 

Please visit the link below for the Notice and Agenda for the Commission on State Mandates' Hearing at 10:00 am via Zoom on May 28, 2021.

 

Agenda, Notice, and New Filings for CSM Hearing on May 28, 2021 issued April 21, 2021

 

The Commission on State Mandates has issued the following documents on May 11, 2021 that will be heard at the CSM Hearing on May 28, 2021:

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