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California Court of Appeal


Clovis Unified Sch. Dist. v. Chiang, C061696

In certain school districts' petitions for writ of mandate and complaints for declaratory relief, challenging the validity of two auditing rules used by defendant State Controller's Office in reducing state-mandate claims for employee salary and benefit costs submitted from the school districts and community college districts, judgment of the trial court is affirmed in part, reversed in part and remanded where: 1) the Controller's audits for the four programs at issue during the period at issue are overturned to the extent they were based on the Contemporaneous Source Document Rule (CSDR), as this rule was an invalid underground regulation under the state Administrative Procedure Act; 2) the Health Fee Rule, which the Controller used to reduce reimbursement claims for state-mandated health services provided by the plaintiff community college districts pursuant to the Health Fee Elimination Program, is valid.

Appellate Information

  • Decided 09/21/2010
  • Published 09/21/2010

Judges

  • BUTZ

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Richard L. Hamilton, Edmund G. Brown, Jr.

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