reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 9 - Promotion › Section 242 - Promotions in Place

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Except as otherwise provided in subdivision (b), an employee with permanent
					 civil service status in their current position, regardless of time base, may
					 receive a promotion in place where all of the following apply:
(1) The employee has demonstrated
					 satisfactory or higher job performance in his or her current position and shown
					 the ability and willingness to succeed at the higher level
					 classification.
(2) The position
					 currently occupied by the employee is reallocated to the "to" class without a
					 change of unit or location.
(3) The
					 employee's "from" class has the same job functions as the "to" class but at a
					 higher level and the appointing power documents how the promotion in place
					 meets this criteria.
(4) The
					 promotion in place is not from a rank-and-file classification to a supervisory
					 or managerial classification.
(5)
					 The promotion in place is not from a supervisory classification to a managerial
					 classification.
(6) The employee
					 competed in and passed an examination for the "to" class and is currently
					 placed on the employment list for that examination in one of the top three
					 ranks or has reinstatement eligibility for the "to" class.
(i) When determining whether the employee is
					 in one of the top three ranks, reemployment and the Department's State
					 Restriction of appointment (SROA) lists shall not be considered, since the
					 promotion in place is an appointment to a classification to which the
					 employee's position has been reallocated, rather than an appointment to a
					 vacant position.
(ii) If the
					 employee to be promoted is not in one of the top three ranks, the appointing
					 power may not try to clear ranks by sending employment inquiries to candidates
					 ranked higher than the employee.
(7) The appointing power documents the
					 reasons why the selected employee was chosen for the promotion in place. The
					 documentation shall be maintained pursuant to section
					 26.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 243 - Good Faith Appointment Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be valid, all civil service
					 appointments require that the appointing power make and the employee accept the
					 appointment in good faith, as specified herein.
(b) An appointment made in good faith is
					 presumed to exist when the appointing power, including any and all officers and
					 employees of the appointing power who are delegated any responsibility related
					 to the appointment, does all of the following:
(1) Intends to follow the spirit and intent
					 of any applicable laws, regulations, and policies.
(2) Makes a reasonable and serious attempt to
					 determine how any applicable laws, regulations, and policies should be applied
					 to the appointment.
(3) Ensures
					 that the position of the appointment has been properly classified.
(4) Ensures prior to the appointment that the
					 selected candidate is eligible for the appointment.
(5) Intends to employ the selected candidate
					 in the classification, tenure, and location, and under the terms and conditions
					 set forth in the appointment documents.
(6) Makes serious and reasonable efforts to
					 provide officers and employees involved in the selection process the relevant
					 reference materials, training, and supervision necessary to avoid any mistakes
					 of law or fact related to making civil service appointments.
(7) Acts in a manner that does not violate
					 the rights and privileges of other persons affected by the appointment,
					 including other eligible candidates.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 243.1 - Adverse Actions for Violations of Good Faith

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any officer or employee who violates or
					 directs another officer or employee to violate any of the provisions set forth
					 in section 243, subdivision (b) shall be
					 subject to adverse action, as provided in Government Code sections
					 19570,
					 19572, and
					 19590.
(b) Violation of any of the provisions set
					 forth in section
					 243, subdivision (c) by an employee
					 shall be cause for adverse action, as provided in Government Code sections
					 19570 and
					 19572.
(c) Nothing herein shall be construed so as
					 to contravene the grounds for unlawful conduct that may also be applicable, as
					 set forth in Government Code sections
					 19680 et
					 seq.
1. New
						section filed 4-2-2018; operative 7-1-2018. This regulatory action is exempt
						from the Administrative Procedure Act and OAL review pursuant to Government
						Code section
						18211.
						Submitted to OAL for filing and printing only (Register 2018, No.
						14).
Note: Authority cited: Sections
						  18502,
						  18701 and
						  18660,
						  Government Code. Reference: Cal. Const., Art. VII, §
													3; and Sections
						  18500,
						  19050,
						  19572 and
						  19590,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 243.2 - Correction of Unlawful Appointments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the Board, Executive Officer, or
					 Department determines that an appointment is unlawful, the Board, Executive
					 Officer, or Department may take corrective action up to and including voiding
					 the appointment under the following circumstances:
(1) The action to correct or void the
					 appointment is taken within one year after the appointment; and
(A) The appointing power or employee or both
					 the appointing power and employee did not act in good faith in accordance with
					 section 243; or
(B) The appointment was accepted and made in
					 good faith by both the appointing power and employee; and the appointment would
					 not have been made but for some mistake of law or fact that if known to the
					 parties would have rendered the appointment unlawful when
					 made.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 243.3 - Compensation or Reimbursement for Voided Appointments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this section, the meaning
					 of compensation as defined in section
					 9 shall apply.
(b) An employee who accepted an appointment
					 in good faith that is subsequently voided or corrected shall retain only the
					 compensation provided for in section
					 9 of the Board's regulations. In
					 all cases, compensation shall be corrected on a prospective basis.
(c) An employee who does not act in good
					 faith in accordance with section
					 243, subdivision (c), when
					 accepting an appointment that is subsequently voided or corrected shall
					 reimburse all compensation resulting from the appointment. In the event of an
					 appeal to the Board challenging the amount of reimbursement, the Board may
					 require the employee to reimburse all or a portion of the compensation
					 resulting from the appointment based upon the evidence presented.
1. New
						section filed 4-2-2018; operative 7-1-2018. This regulatory action is exempt
						from the Administrative Procedure Act and OAL review pursuant to Government
						Code section
						18211.
						Submitted to OAL for filing and printing only (Register 2018, No.
						14).
2. Repealer and new subsection (c) filed 8-22-2022; operative
						10-1-2022 (Register 2022, No. 34).
Note: Authority cited: Sections
						  18502 and
						  18701,
						  Government Code. Reference: Cal. Const., Art. VII, §
													3; and Section
						  19257,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 243.4 - Remedial Measures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 When the appointment of an employee who acted in good faith is terminated
					 pursuant to section
					 243.2, the employee shall be
					 afforded:
(1) Deferred competition in any
					 examination in which the employee is qualified and the Department determines
					 the employee would have likely competed if he or she had not accepted the
					 terminated appointment, provided that the examination is in progress or the
					 eligible list for the examination is still existing and valid; and
(2) Placement back on the eligible list from
					 which the employee was unlawfully appointed, provided the eligible list still
					 exists and is valid.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 243.5 - Right to Respond

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise ordered pursuant to section
						243.2, subdivision (c), where
						corrective action of an unlawful appointment(s) is determined appropriate the
						Board, Executive Officer, or Department, whichever has decided to take the
						action, shall notify the affected employee(s) and appointing power of the
						proposed action at least 15 calendar days prior to the effective date of the
						proposed action. The notice shall state the reason(s) for the proposed action
						and notify the employee(s) and the appointing power of their right to respond,
						either verbally or in writing, within 15 calendar days of the date of the
						notice. The notice shall specify the amount of reimbursement ordered and inform
						the Appellant of their right to challenge the amount of reimbursement and/or
						the Voided Appointment itself pursuant to section
						243.6, subdivision
						(a).
1. New
						section filed 4-2-2018; operative 7-1-2018. This regulatory action is exempt
						from the Administrative Procedure Act and OAL review pursuant to Government
						Code section
						18211.
						Submitted to OAL for filing and printing only (Register 2018, No.
						14).
2. Amendment filed 8-22-2022; operative 10-1-2022 (Register
						2022, No. 34).
Note: Authority cited: Sections
						  18502 and
						  18701,
						  Government Code. Reference: Section
						  18670,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 243.6 - Right to Appeal or Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the Executive Officer or Department
					 takes action to correct an unlawful appointment(s) that includes voiding the
					 appointment(s) and/or requiring reimbursement of compensation pursuant to
					 section 243.3, subdivision (c), the
					 employee(s) and/or the appointing power may file a written appeal to the Board
					 in accordance with section
					 52.4, subdivision
					 (e)(1)(Q).
(b) When the Board takes
					 action to correct an unlawful appointment(s) that includes voiding the
					 appointment(s) and/or requiring reimbursement of compensation pursuant to
					 section 243.3, subdivision (c), the
					 employee(s) and/or the appointing power may file a written petition for
					 reconsideration to the Board within 30 calendar days of receipt of the final
					 decision to take corrective action. Where the corrective action is taken solely
					 as to the appointing power and does not impact the appointment, the appointing
					 power may file a written petition for reconsideration to the Board within 30
					 calendar days of receipt of the final Board decision.
1. New
						section filed 4-2-2018; operative 7-1-2018. This regulatory action is exempt
						from the Administrative Procedure Act and OAL review pursuant to Government
						Code section
						18211.
						Submitted to OAL for filing and printing only (Register 2018, No.
						14).
2. Amendment filed 8-22-2022; operative 10-1-2022 (Register
						2022, No. 34).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18670,
						  18654.5
						  and
						  18710,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 248 - Appointments and Classification Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person, including a retired annuitant, shall only be
						appointed to a civil service classification or CEA that is appropriate for the
						functions, duties, and responsibilities of the position the person is hired to
						perform.
1. New
						section filed 12-14-2015; operative 1-1-2016. This regulatory action is exempt
						from the Administrative Procedure Act and OAL review pursuant to Government
						Code section
						18211.
						Submitted to OAL for filing and printing only (Register 2015, No.
						51).
Note: Authority cited: Sections
						  18502 and
						  18701,
						  Government Code. Reference: Sections
						  18523,
						  18800,
						  19051,
						  19144 and
						  19889,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 249 - Job-Related Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The appointing power shall assess and compare the
						qualifications of candidates based upon job-related information about each
						candidate, such as work history, education, training, experience, references,
						background checks, and competencies. Regardless of the selection instruments or
						procedures used, the job-related information used to assess and compare each
						candidate shall be applied consistently and equitably.
1.
						Renumbering and amendment of former section
						249.1 to section
						249 filed 3-4-2020; operative
						7-1-2020 pursuant to Government Code section
						18211.
						Submitted to OAL for filing and printing only pursuant to Government Code
						sections
						18211 and
						18213
						(Register 2020, No. 10). For prior history, see Registers 2018, No.
						14.
2. Amendment of section heading and section filed 11-30-2021;
						operative 1-1-2022. Submitted to OAL for filing and printing only pursuant to
						Government Code section
						18211
						(Register 2021, No. 49).
Note: Authority cited: Sections
						  18660 and
						  18701,
						  Government Code. Reference: Sections
						  19050 and
						  19702.2,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 249.1 - Advertising for Job Vacancies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in subdivisions (c)
					 and (d), advertising for job vacancies shall comply with section
					 249.1.1 and
					 249.2. Advertising may include any
					 or all of the following methods for publishing or posting job announcements:
(1) Non-electronic printed media, such as
					 newspapers, newsletters, magazines, flyers, or other types of non-electronic
					 printed publications.
(2) Bulletin
					 boards or job boards at career centers, career fairs, or academic
					 institutions.
(3) Physical
					 locations designed to provide fair, equitable notice to eligible
					 candidates.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 249.1.1 - Job Announcements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each job announcement shall provide all of the following information:
(1) Title of classification.
(A) When the appointing power is considering
					 more than one classification type to fill a vacancy, the job announcement shall
					 specify each classification being considered, including appropriated
					 classifications.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 249.1.2 - Job Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Except as otherwise specified in section
					 249.1.1, subdivision (f),
					 appointing powers shall allow applicants the option of filing application forms
					 for civil service employment, along with any other required documents or
					 materials, by way of U.S. mail, parcel delivery or courier service, or in
					 person. Appointing powers may also allow applicants to file application forms
					 by way of an online application system.
(b) All applications for civil service
					 employment and any other required documentation or materials must be filed at
					 the place, within the time, in the manner, and on the form or forms specified
					 in the job announcement. Unless otherwise set forth in this Article,
					 applications failing to satisfy any of these criterion shall not be accepted.
					 All applications shall be available and accepted free of any charge to the
					 applicant.
(c) Where an applicant
					 seeking civil service employment has previously filled out an application form
					 for a civil service examination that satisfies the information required for the
					 employment application form, the appointing power shall allow the applicant to
					 file a copy of the application they completed for the civil service
					 examination.
(d) Appointing powers
					 may require all job applicants to provide their employment history on the
					 application form rather than attaching a resume to the form, if the application
					 instructions clearly state this requirement. If the application instructions do
					 not include such a requirement, attaching a resume to the application form
					 shall be sufficient for purposes of providing employment history.
(e) Where an applicant properly completes,
					 certifies, and files the application form by way of the online application
					 system, their handwritten signature is not required on the paper version of the
					 application form. The applicant's digital certification of the application form
					 shall have the same legal effect as if the applicant hand signed the paper
					 version of the application form.
(f) Appointing powers shall not disqualify
					 applicants for non-job-related reasons or otherwise reject applicants during
					 the hiring process for failing to submit documentation that is not used to
					 assess the qualifications of the applicants, such as checklists or incidental
					 recruitment surveys.
Note: Authority cited: Sections 18502, 18660, 18701 and
						  19050, Government Code. Reference: Section 19050, Government Code.
Note: Authority cited: Sections
						  18502,
						  18660,
						  18701 and
						  19050,
						  Government Code. Reference: Section
						  19050,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 249.1.3 - Timely Filing of Job Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Filing a job application "within the
					 time" shall mean:
(1) Postmarked by the
					 United States Postal Service (USPS) or depositing with a parcel delivery or
					 courier service no later than the final filing date specified on the
					 examination announcement, provided that the parcel contains proof of timely
					 deposit with the parcel delivery or courier service; or
(2) Date stamped at the appropriate office of
					 the appointing power no later than the final filing date specified on the job
					 vacancy announcement; or
(3)
					 Electronically transmitted no later than 11:59 p.m. Pacific Time on the final
					 filing date specified on the job vacancy announcement.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 249.2 - Postings of Job Announcements on Websites or by Other Electronic Means

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 job announcements shall be posted on the Department's designated website. An
					 appointing power may also post job announcements on other websites, social
					 media sites, relevant career centers, career fairs, academic institution
					 websites, or by other electronic means designed to provide fair, equitable
					 notice to eligible candidates.
(b)
					 Unless a collective bargaining contract between a recognized public employee
					 organization and the state provides otherwise, all online job announcements
					 shall be posted for a minimum period of ten calendar days, except the
					 appointing power may post a job announcement for a shorter period of time where
					 there is a critical hiring need. In such an instance, the appointing power
					 shall maintain the following documentation pursuant to section
					 26:
(1) Identify the position(s) that must be
					 filled;
(2) Describe the event or
					 circumstance that created the critical hiring need;
(3) Specify the duration of and location
					 where the job announcement was posted; and
(4) Any supporting evidence that demonstrates
					 why the critical hiring need was created.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 249.3 - Conditions for Not RE-Announcing a Job Vacancy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A job vacancy is not required to be
					 re-announced if an identical vacancy was announced previously and fewer than
					 180 calendar days have elapsed since the identical announcement's closing
					 date.
(b) Identical vacancies must
					 have the same position title, classification code, base, tenure, reporting
					 location, and duties.
1. New
						section filed 4-27-2017; operative 7-1-2017. Submitted to OAL for filing and
						printing only pursuant to Government Code section
						18211
						(Register 2017, No. 17).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Section
						  19050,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 249.4 - Verification of Minimum Qualifications Prior to Appointment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Verification of minimum qualifications is not required for candidates on
					 reemployment lists or candidates who have mandatory reinstatement rights,
					 unless the classification requires an incumbent to possess valid licensure,
					 certification, or similar credential. Then the appointing power shall verify
					 the candidate possesses valid licensure, certification, or similar credential
					 prior to appointment. When it is determined that a candidate exercising their
					 mandatory reinstatement rights no longer possesses valid licensure,
					 certification, or similar credential, the candidate shall first be reinstated
					 to their former position pursuant to Government Code section
					 19140.5.
					 After reinstatement, the appointing power shall act in accordance with
					 Government Code section
					 19585. For
					 all other candidates, including promotions and transfers, appointing powers
					 shall verify that the candidate satisfies the minimum qualifications of the
					 classification before the candidate is appointed.
(b) If a candidate is found not to satisfy
					 the minimum qualifications, the appointing power shall provide written notice
					 to the candidate specifying which minimum qualifications are not satisfied and
					 the reason(s) why and provide an opportunity for the candidate to establish
					 that they satisfy the minimum qualifications of the classification. The
					 candidate shall have 10-working days to respond.
(1) Where a candidate fails to respond within
					 the specified timeframe, the candidate may be considered to have abandoned the
					 selection process. If such a determination is made and the candidate's
					 eligibility was based upon list eligibility, their name shall be removed from
					 the employment list. The appointing power shall promptly inform the candidate
					 in writing that their name has been removed. The notification shall also inform
					 the candidate of their appeal rights.
(2) If the candidate timely responds, but
					 fails to establish that they satisfy the minimum qualifications, the candidate
					 shall not be appointed to the position, and, if the candidate's eligibility was
					 based upon list eligibility, their name shall be removed from the employment
					 list. The appointing power shall promptly inform the candidate in writing of
					 the finding and any actions taken by the appointing power related to the
					 finding, including, for instance, removing the candidate's name from the
					 employment list. The notification shall also inform the candidate of their
					 appeal rights.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 249.5 - Employment Inquiries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 When making employment inquiries to determine an eligible candidate's interest
					 in a job vacancy, the appointing power shall document which candidates were
					 contacted, how and when they were contacted, and any response. These records
					 shall be maintained in accordance with section
					 26.
(b) When sending employment inquiries,
					 appointing powers shall not make requests or statements that can be construed
					 as discouraging eligible candidates from pursuing an appointment to a
					 position.
1. New
						section filed 4-27-2017; operative 7-1-2017. Submitted to OAL for filing and
						printing only pursuant to Government Code section
						18211
						(Register 2017, No. 17).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Section
						  19050,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 249.6 - Redaction of Confidential Information on Candidate Documentation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) During the
					 hiring process, the appointing power shall ensure that all confidential
					 information on candidate related documentation, including applications,
					 resumes, and forms, is redacted or removed before providing copies to any
					 person who is not assigned to work in the appointing power's human resources or
					 personnel unit, including the hiring manager, any employee in the hiring
					 manager's unit or division, any member of the interview panel, any employee who
					 acts as a human resources or personnel liaison, or any other person, including
					 employees with the authority to approve the appointment. Confidential
					 information includes, but is not limited to, social security numbers, marital
					 status, date of birth, equal employment opportunity data, list eligibility as
					 covered under section
					 249.7, or any other information
					 considered confidential under law or regulation.
(b) Nothing herein shall be construed to
					 relieve appointing powers from the duties and obligations of other laws,
					 regulations, or policies related to privacy and confidentiality.
1. New
						section filed 4-27-2017; operative 7-1-2017. Submitted to OAL for filing and
						printing only pursuant to Government Code section
						18211
						(Register 2017, No. 17).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Section
						  19050,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 249.7 - Non-Disclosure of a Candidate's List Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a candidate has employment list and/or
					 LEAP referral-list eligibility, the list upon which the candidate is eligible
					 shall not be disclosed during the hiring process to any person who is not
					 assigned to work in the appointing power's human resources or personnel unit,
					 including the hiring manager, any employee in the hiring manager's unit or
					 division, any employee who acts as a human resources or personnel liaison, any
					 member of an interview panel, or any employee with the authority to approve the
					 appointment. However, the ranking of list eligible candidates shall be
					 available to the hiring manager or any other employee involved in the hiring
					 decision. If there are eligible LEAP candidates, those candidates shall be
					 placed in the first rank in no particular order with the other non-LEAP
					 candidates in the first rank.
(b)
					 Subdivision (a) does not apply to candidates who have reemployment or SROA list
					 eligibility.
(c) If a candidate
					 with employment list or LEAP-referral list eligibility has been selected and a
					 tentative offer of employment extended, the selected candidate's list
					 eligibility may be disclosed but only to those employees who are required to
					 know the basis of eligibility in order to complete the formal appointment
					 process.
1. New
						section filed 4-27-2017; operative 7-1-2017. Submitted to OAL for filing and
						printing only pursuant to Government Code section
						18211
						(Register 2017, No. 17).
Note: Authority cited: Sections
						  18502,
						  18701,
						  19240 and
						  19241,
						  Government Code. Reference: Section
						  19050,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 249.8 - Holds on Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Where an employee has accepted a voluntary transfer or demotion in the same or
					 different classification within the same or different appointing power, the
					 current appointing power may hold the employee no more than 30 calendar days
					 after the hiring agency provides written notice of the transfer or demotion.
					 The impacted supervisors should negotiate a reasonable start date.
(b) Where an employee has accepted a
					 promotion within the same or different appointing power, the current appointing
					 power may hold the employee for no more than 14 calendar days after the hiring
					 agency provides written notice of the promotion. The impacted supervisors
					 should negotiate a reasonable start date.
(c) For purposes of this rule, "written
					 notice" may include an e-mail from the hiring agency's designee to the
					 appointing power's designee.
1. New
						section filed 5-31-2017; operative 7-1-2017. Submitted to OAL for filing and
						printing only pursuant to Government Code section
						18211
						(Register 2017, No. 22).
2. Repealer and new section filed 3-4-2020;
						operative 7-1-2020 pursuant to Government Code section
						18211.
						Submitted to OAL for filing and printing only pursuant to Government Code
						sections
						18211 and
						18213
						(Register 2020, No. 10).
Note: Authority cited: Sections
						  18502 and
						  18701,
						  Government Code. Reference: Sections
						  18951,
						  19050 and
						  19050.3,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 250 - Determining Merit and Fitness During the Hiring Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This regulation shall govern the hiring
					 process for the following types of appointments:
(1) Employment list appointments, as defined
					 in Government Code section
					 18537,
					 except reemployment and SROA list appointments;
(2) Transfers, as defined in Government Code
					 section
					 18525.3;
					 and
(3) Permissive reinstatements,
					 as defined in Government Code section
					 19140.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 250.2 - Hires from Certified Employment Lists

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the candidate chosen for hire is
					 eligible based upon an employment list certified pursuant to Government Code
					 section
					 19057.1,
					 the job offer shall be made no later than 180 calendar days after the
					 certification date for non-peace officer classifications and no later than 365
					 working days after the certification date for classifications requiring
					 background checks.
(b) The
					 appointing power may extend the 180-calendar-day period by submitting a
					 justification for the extension to the Department for either;
(1) up to 30 working days; or,
(2) up to two years when the position is
					 being filled as a training and development assignment in order to transition
					 the employee into the "to" class upon completion of the
					 assignment.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 251 - Request for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a vacancy is to be filled under Section
						19052 of the act, the appointing
						power shall make written request for certification unless otherwise prescribed
						by the executive officer. Such request shall contain the statements required by
						the act and shall include a statement of the salary, tenure, and location of
						the position. Certification shall be made by the executive officer.
1.
						Amendment filed 2-10-59; effective thirtieth day thereafter (Register 59, No.
						3).
2. Amendment of NOTE filed 4-8-77; effective thirtieth day
						thereafter (Register 77, No. 15).
Note: Reference: Section
						  19052,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 252 - To Fill New Positions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a new position is created, the appointing power
						shall notify the executive officer of the proposed new position and, at the
						same time, furnish a detailed statement of the duties and requirements of the
						proposed position.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 253 - Certification to 60-Day Position

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the employment is for a period of 60 days or less,
						only the names of those eligibles who live in the vicinity of the employment
						need be certified.
1.
						Amendment filed 12-24-64; effective thirtieth day thereafter (Register 64, No.
						26).
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 254 - Appointment Following Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For a class in which the certification of eligibles is
						under Government Code section
						19057.1
						and
						19057.3,
						the appointing power shall fill a vacancy in a class by selection from the
						highest three eligibles certified who are willing to accept employment under
						the conditions of employment specified. If the appointing power has at the same
						time more than one vacancy in the same class, the first and every succeeding
						vacancy shall be filled in like manner by selection in turn from the highest
						three remaining names. For a class in which the certification of eligibles is
						under Government Code sections
						19057.1,
						19057.2
						and
						19057.3,
						the appointing power shall fill a vacancy in a class by selection from the
						eligibles in the three highest ranks certified who are willing to accept
						employment under the conditions of employment specified. If the appointing
						power has at the same time more than one vacancy in the same class, the first
						and every succeeding vacancy shall be filled in like manner by selection in
						turn from the eligibles in the highest three remaining ranks. The provisions of
						this rule do not apply if the certification is from a reemployment list under
						Government Code Section
						19056.
1.
						Amendment filed 12-24-64; effective thirtieth day thereafter (Register 64, No.
						26).
2. Amendment filed 11-7-69; effective thirtieth day thereafter
						(Register 69, No. 45).
3. Amendment filed 11-6-70 as an emergency;
						designated effective 11-23-70. Certificate of Compliance included (Register 70,
						No. 45).
4. Amendment of NOTE filed 4-8-77; effective thirtieth day
						thereafter (Register 77, No. 15).
5. Change without regulatory
						effect amending section and NOTE filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
Note: Reference: Sections
						  19056,
						  19057,
						  19057.1,
						  19057.2
						  and
						  19057.3,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 254.1 - Designation of Classes as Professional, Scientific, Administrative, Management or Executive

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of administering Section
						19057.1 of
						the Government Code, the executive officer shall designate those classes of
						positions which are considered to be professional, scientific, administrative,
						management, or executive and meet the definition in subsections (a) or (b)
						below.
(a) The work performed either
					 involves supervision of employees as a primary duty; or,
(b) The work is predominantly intellectual
					 and varied in character and requires the consistent exercise of discretion and
					 judgment.
1. New
						section filed 11-6-70 as an emergency; designated effective 11-23-70.
						Certificate of Compliance included (Register 70, No. 45).
2.
						Amendment filed 11-8-72; effective thirtieth day thereafter (Register 72, No.
						46).
3. Amendment of NOTE filed 4-8-77; effective thirtieth day
						thereafter (Register 77, No. 15).
4. Editorial reprinting of text
						deleted in error in Register 84, Nos. 8 and 12 (Register 84, No.
						15).
5. Amendment filed 8-28-85; effective thirtieth day thereafter
						(Register 85, No. 35).
6. Change without regulatory effect amending
						subsection (b) filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  19057.1
						  and
						  19997.3,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 254.2 - Three Rank Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The number of names certified to an appointing power to
						fill vacancies as provided by Government Code Sections
						19057.1,
						19057.2
						and
						19057.3
						shall, at the option of the appointing power, be one of the following:
(1) All eligibles in the highest three ranks;
					 or
(2) Any specific eligible(s),
					 identified by the appointing power, who is in one of the highest three
					 ranks.
1. New
						section filed 1-19-89; operative 2-18-89 (Register 89, No. 4).
2.
						Change without regulatory effect pursuant to section
						100, title 1, California Code of
						Regulations filed 5-16-90 (Register 90, No. 22).
3. Change without
						regulatory effect amending section and NOTE filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
Note: Authority cited: Sections
						  18701,
						  19057.1,
						  19057.2
						  and
						  19057.3,
						  Government Code. Reference: Sections
						  19057.1,
						  19057.2
						  and
						  19057.3,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 255 - Certification in Case of Waiver. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 12-24-64; effective thirtieth day thereafter (Register 64, No.
						26).
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 256 - Certification to Laborers' Positions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 12-24-64; effective thirtieth day thereafter (Register 64, No.
						26).
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 257 - Cancellation of Request for Certification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 2-10-59; effective thirtieth day thereafter (Register 59, No.
						3).
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 258 - Time Periods for Replies to Employment Inquiries Following Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be the duty of every eligible candidate to
						respond within a reasonable time to an inquiry to ascertain his or her interest
						in appointment to a position. An eligible candidate does not need to respond
						when he or she is not interested in the position.
(a) The Department or appointing power shall
					 provide an eligible candidate the following minimum time periods by which to
					 respond to an employment inquiry:
(1)
					 Telephone: A minimum of two business days after the initial contact, including
					 a voicemail message;
(2) Mail: A
					 minimum of six business days after the date the written notice is
					 sent;
(3) Electronic Communication:
					 A minimum of six business days after the date the electronic notice is
					 sent.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 10 - Appointments › Section 259 - Failure to Respond to Telegram. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 12-24-64; effective thirtieth day thereafter (Register 64, No.
						26). For prior history see Register 10, No.
						8.