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Santa Ana Successor Agency General Dispute Issue: <br />DOF Waiver of Obiections to ROPS <br />Pursuant to Section 34179, as it read prior to June 27, 2012, the DOF had three business days <br />to request review of the ROPS and, if it requested review within that three day time period, the DOF <br />had ten days to approve or reject enforceable obligations included on the ROPS.' <br />The ROPS for January-June 2012 was submitted to the DOF on April 16, 2012. DOF did not <br />submit a request to review the January-June 2012 ROPS until April 23, 2012 at 5:22 p.m., via e-mail; <br />thus, DOF's request to review the January-June 2012 ROPS was received more than three business <br />days (in fact, a full week) following submission of this ROPS to the DOF. The Successor Agency <br />did not receive a letter from the DOF rejecting items included on the January-June 2012 ROPS until <br />May 3, 2012 at 7:33 p.m., after close of business on the tenth day following DOF's request to review <br />this ROPS. <br />Further, the Successor Agency submitted the July-December 2012 ROPS to the DOF on May <br />9, 2012. The DOF requested review of this ROPS on May 14, 2012, but did not provide a response <br />rejecting items on the July-December 2012 ROPS until after close of business (at 9:34 p.m.) on <br />May 24, 2012. <br />We hereby reserve our right to challenge the DOF's requests for review and rejections of the <br />ROPS as untimely and to assert that the DOF waived its right to object to the inclusion of <br />enforceable obligations on the ROPS. <br />1 AB 1484 extended these time periods to five business days for the DOF to request review and 45 days to <br />respond with approvals and/or disapprovals of specified items on the ROPS; however no part of AB 1484 was made <br />retroactive; therefore the DOF was required to act within the time periods in effect at the time the ROPS was <br />submitted, and resubmitted, to the DOF. <br />' AB 1484 extended these time periods to five business days for the DOF to request review and 40 days to <br />respond with approvals and/or disapprovals of specified items on the ROPS; however no part of AB 1484 was made <br />retroactive; therefore the DOF was required to act within the time periods in effect at the time the ROPS was <br />submitted, and resubmitted, to the DOF. <br />SA Resolution No. 2012-007 <br />Page 11 of 24