Cal. Code Regs. Tit. 2, § 61319 - Cost Reimbursement

(a) The State Auditor's Office shall reimburse the Department of Justice for the costs of retaining an independent investigator under Government Code section 8547.5, subdivision (c)(4) at an hourly rate not to exceed $500 and should not, except in exceptional circumstances, exceed a total amount of $20,000 per completed investigation, as adjusted by the applicable Consumer Price Index. In the exceptional event that the total costs for a completed investigation will exceed $20,000, as adjusted by the applicable Consumer Price Index, the independent investigator shall notify the State Auditor's Office of the total anticipated cost. In addition, in the exceptional event that the total costs for a completed investigation exceed $20,000, as adjusted by the applicable Consumer Price Index, the State Auditor's Office may defer payment of the amount in excess of the $20,000, as adjusted by the Consumer Price Index, to the subsequent fiscal year if necessary to maintain the State Auditor's statutory independence, uphold the integrity of the audit and investigative process, prevent interference with ongoing audits and investigations, and enable the State Auditor's Office to conduct its work in accordance with applicable audit and investigative standards.

(b) The State Auditor's Office is only required to reimburse the actual, necessary, and reasonable direct costs of the independent investigator's investigative services. Costs shall be supported by itemized invoices. Each invoice shall contain a detailed itemization of each service provided by the independent investigator, with the specific date of service, and the amount of time spent in providing the service without disclosing the identity of the whistleblower or witnesses. Invoices shall be submitted to the State Auditor's Office within 10 business days of the close of the investigation.

(c) Reimbursable costs to retain an independent investigator do not include any of the following:

(1) Time devoted to preparation of invoices.

(2) Costs for travel that exceed state government rates.

(3) Routine administrative costs and overhead.

Notes

Cal. Code Regs. Tit. 2, § 61319

1. New section filed 8-30-2019; operative 10-1-2019 pursuant to Government Code section 11343.4(a). Submitted to OAL for filing and printing only and not subject to OAL review pursuant to Government Code section 8546(g) (Register 2019, No. 35).

Note: Authority cited: Section 8546, Government Code. Reference: Section 8547.5, Government Code.

1. New section filed 8-30-2019; operative 10/1/2019 pursuant to Government Code section 11343.4(a). Submitted to OAL for filing and printing only and not subject to OAL review pursuant to Government Code section 8546(g) (Register 2019, No. 35).