The following provisions shall apply to a reimbursement claim
submitted to OTA:
(a) Dismissal of
ineligible claim. OTA will dismiss a claim that is not timely within the
meaning of regulation 30705.
(b)
Agency statement. Within 60 days of OTA's acknowledgment of a completed claim,
the Agency may submit a statement in response to the claim. OTA may grant
extensions of time to submit the statement upon a showing of good cause, if a
written request is submitted with OTA before the scheduled due date of the
statement.
(c) Claimant response.
OTA shall send a copy of the Agency statement to the claimant, who will be
given the opportunity to respond within 60 days of mailing of the statement
with additional written argument and/or documentation, including, but not
limited to, declarations under penalty of perjury. OTA may grant extensions of
time to submit a response upon a showing of good cause if the written request
for extension is submitted to OTA before the scheduled due date of the
response. If the claimant submits new information or documentation in the
response, OTA may grant the Agency an additional 30 days to respond to the new
material.
(d) Oral hearing. After
the submission of documents described in this regulation, the claim will be
scheduled for oral hearing, if an oral hearing is timely requested pursuant to
regulation 30401. The claimant and the Agency will receive notice of the
hearing at least 45 days prior to the scheduled date and time. The option to
request an oral hearing may be waived by the claimant, in which case the appeal
will be submitted for Opinion on the written record.
Notes
Cal. Code Regs.
Tit. 18, §
30706
1. New section
filed 1-5-2018 as an emergency; operative 1-5-2018 (Register 2018, No. 1).
Pursuant to Government Code section
15679,
this action is a deemed emergency and exempt from OAL review. A Certificate of
Compliance must be transmitted to OAL by 7-5-2018 or emergency language will be
repealed by operation of law on the following day.
2. Amendment of
subsections (a), (c), and (d) and amendment of NOTE filed 3-1-2021; operative
3-1-2021. This action is exempt from OAL review pursuant to Government Code
section
15679(b).
Submitted to OAL for filing and printing only pursuant to Government Code
section
11343.8
(Register 2021, No. 10).
3. Amendment filed 6-26-2023; operative
6-30-2023. This action is exempt from the Administrative Procedure Act pursuant
to Government Code section
15679(b).
Submitted to OAL for filing and printing only pursuant to Government Code
section
11343.8
(Register 2023, No. 26).
Note: Authority cited: Sections
15676.2,
15679 and
15679.5,
Government Code. Reference: Sections
11440.20,
15674,
15676 and
15679.5,
Government Code; and Sections
20,
7091,
7156,
8269,
9269,
18533,
19047,
19085,
19104,
19333,
19345,
20645,
21013,
30458.9,
38708,
40209,
41169,
43520,
45865,
46620,
50156.9,
55330
and
60630,
Revenue and Taxation Code.
1. New
section filed 1-5-2018 as an emergency; operative
1/5/2018
(Register
2018, No. 1). Pursuant to Government Code section
15679, this action is
a deemed emergency and exempt from OAL review. A Certificate of Compliance must
be transmitted to OAL by 7-5-2018 or emergency language will be repealed by
operation of law on the following day.
2. Amendment of subsections
(a), (c), and (d) and amendment of Note filed 3-1-2021; operative
3/1/2021. This
action is exempt from OAL review pursuant to Government Code section
15679(b).
Submitted to OAL for filing and printing only pursuant to Government Code
section
11343.8
(Register
2021, No. 10).
3. Amendment filed 6-26-2023; operative
6/30/2023. This
action is exempt from the Administrative Procedure Act pursuant to Government
Code section
15679(b).
Submitted to OAL for filing and printing only pursuant to Government Code
section
11343.8
(Register
2023, No. 26).
