(a) Upon request of a local agency or school district, the Commission shall review claiming instructions issued by the Office of State Controller.

(b) A request to review claiming instructions shall include the following:

(c) An original request to review claiming instructions shall be certified, filed, and served in accordance with section 1181.3 of these regulations. If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations.

(d) Within 10 days of receipt of a request to review claiming instructions, Commission staff shall notify the local agency or school district that filed the request if the filing is complete or incomplete. A request to review the claiming instructions shall be considered incomplete if any of the elements required in subdivision (b) or (c) of this section are illegible or not included. Incomplete requests shall be returned to the local agency or school district. If a complete request is not received by the Commission within 30 days from the date the incomplete request was returned, the Commission shall deem the request to be withdrawn.

(e) Within 10 days of receipt of a complete request to review claiming instructions, Commission staff shall issue a copy to all persons who are on the mailing list described in section 1181.4 of these regulations. Commission staff shall provide notice that written comments concerning the request to review claiming instructions may be filed within 30 days of service of the notice of complete filing. A copy of the notice shall also be posted on the Commission's website.

(f) Written comments shall be certified, filed, and served in accordance with section 1181.3 of these regulations. If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations.

(g) Within 30 days of service of the written comments, the requester may file a written rebuttal to the Commission which shall be certified, filed, and served in accordance with section 1181.3 of these regulations. If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations.

(h) Before hearing a request to review claiming instructions, Commission staff shall prepare a draft proposed decision that shall include a review of the request and any comments filed, and a staff recommendation on whether the request should be approved or denied.

(i) The requester and any state agency or interested party may file written comments on the draft proposed decision. Written comments shall be certified, filed, and served in accordance with section 1181.3 of these regulations, by the date determined and noticed by the executive director. If representations of fact are made, they shall be supported by documentary or testimonial evidence in accordance with section 1187.5 of these regulations. 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. All written comments timely filed shall be reviewed by Commission staff and may be incorporated into the proposed decision on the request to review and modify the claiming instructions.

(j) It is the Commission's policy to discourage the introduction of late comments, exhibits, or other evidence filed after the three-week comment period described in subdivision (i) of this section. The Commission need not rely on, and staff need not respond to, late comments, exhibits, or other evidence filed in response to a draft proposed decision after the comment period expires.

(k) The Commission shall conduct a hearing in accordance with article 7 of these regulations on the request to review claiming instructions.

(l) If the Commission determines that the claiming instructions need to be modified, the Commission shall direct the Office of State Controller to modify the claiming instructions to conform to the parameters and guidelines.

(m) An approved change to the claiming instructions shall be subject to the following schedule:

(n) A request to review claiming instructions may be withdrawn by written application to the executive director any time before a decision is adopted or by oral application at the time of hearing. The requesters shall file and serve the written application in accordance with section 1181.3 of these regulations. Commission staff shall post a copy of the notice on the Commission's website for 60 days prior to dismissal of the request to review claiming instructions. If no other local agency or school district takes over the request to review claiming instructions by substitution of parties within 60 days of service and posting of the application to withdraw, the executive director shall issue a letter to everyone on the mailing list described in section 1181.4 of these regulations dismissing the request to review claiming instructions and shall post the letter on the Commission's website.