Current through Register 2022 Notice Reg. No. 14, April 8, 2022
(a) An agency shall allege in its
pleading any request for costs, citing the applicable cost recovery
statute or regulation.
Except as otherwise provided by
law, proof of costs at the Hearing may be made by Declarations that
contain specific and sufficient facts to support findings regarding
actual costs incurred and the reasonableness of the costs, which
shall be presented as follows:
For services provided by a regular agency employee, the Declaration
may be executed by the agency or its designee and shall describe the
general tasks performed, the time spent on each task and the method
of calculating the cost. For other costs, the bill, invoice or
similar supporting document shall be attached to the
services provided by persons who are not agency employees, the
Declaration shall be executed by the person providing the service and
describe the general tasks performed, the time spent on each task and
the hourly rate or other compensation for the service. In lieu of
this Declaration, the agency may attach to its Declaration copies of
the time and billing records submitted by the service
(3) When the
agency presents an estimate of actual costs incurred, its Declaration
shall explain the reason actual cost information is not
(4) The ALJ
may permit a party to present testimony relevant to the amount and
reasonableness of costs.
(c) The proposed decision shall
include a factual finding and legal conclusion on the request for
costs and shall state the reasons for denying a request or awarding
less than the amount requested. Any award of costs shall be specified
in the order.
Cal. Code Regs. Tit. 1, § 1042
Note: Authority cited: Section
Government Code. Reference: Sections
Business and Professions Code; and Sections
section filed 6-30-97 as an interim regulation pursuant to Government
operative 7-1-97 (Register 97, No. 27). Interim regulations expire on
12-31-98 unless earlier repealed or amended.
regulation, including amendment of subsections (a), (b)(1)-(5) and
(d), filed 5-19-98 as a permanent regulation pursuant to Government
operative 5-30-98 pursuant to Government Code section
(Register 98, No. 21).
3. Repealer and new section
heading and section filed 10-13-2004; operative 12-1-2004 (Register
2004, No. 42).