- (a) At least eight weeks before the hearing, or at a time required by the executive director or stipulated to by the parties, Commission staff shall prepare a draft proposed decision and serve it on all persons on the mailing list described in section 1181.4 of these regulations, and shall post it on the Commission's website.
- (b) Anyone may file written comments concerning the draft proposed decision. If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations. Written comments shall be filed in accordance with section 1181.3 of these regulations, by the date determined and noticed by the executive director, and shall include a copy of relevant portions of any documents not readily available online and shall identify the specific statutes and chapters, articles, sections, regulatory registers, case law citations, and page numbers of all authorities relied upon. 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.
- (c) Before the hearing on the test claim, Commission staff shall prepare a proposed decision, which shall include a review of the entire record. The proposed decision shall describe and analyze the test claim to assist the Commission in determining whether the alleged statutes or executive orders contain a reimbursable state-mandated program under article XIII B, section 6 of the California Constitution.
Note: Authority cited: Sections 17527(g) and 17553, Government Code. Reference: Sections 17514, 17530, 17551 and 17553, Government Code.
History
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 subsection (c) 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).
3. Editorial correction of History 2 (Register 2018, No. 18).
4. Amendment of subsections (c)-(d) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).
5. Amendment of subsection (b) filed 5-9-2024; operative 7-1-2024 (Register 2024, No. 19).
6. Amendment filed 11-6-2025; operative 1-1-2026. Submitted to OAL for filing and printing only pursuant to Government Code section 17527 (Register 2025, No. 45).