reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 1 - General Provisions › Section 51.9 - Request to File Charges Against State Employees. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of former section
						62 to section
						51.9 filed 4-26-90; operative
						5-26-90 (Register 90, No. 22). For prior history, see Register 85, No.
						48.
2. Renumbering of former section
						51.9 to new section
						52.7 filed 8-18-2010; operative
						8-18-2010 pursuant to Government Code section
						11343.4
						(Register 2010, No. 34).
Note: Authority: Section
						  18701,
						  Government Code. Reference: Section
						  19583.5,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 1 - General Provisions › Section 52 - Appeals Assigned to the Administrative Law Judge Evidentiary/Investigatory Hearing Processes. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of former section
						52 to section
						51.1, and renumbering and amendment
						of former section
						67 to section
						52 filed 4-26-90; operative 5-26-90
						(Register 90, No. 22). For prior history, see Register 87, No.
						48.
2. 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).
3. Amendment of section heading,
						section and NOTE filed 8-19-97; operative 8-19-97 pursuant to Government Code
						section
						11343.4(d)
						(Register 97, No. 34).
4. Repealer filed 8-18-2010; operative
						8-18-2010 pursuant to Government Code section
						11343.4
						(Register 2010, No. 34).
5. Editorial correction implementing
						8-18-2010 repeal (Register 2010, No. 37).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18671,
						  18675,
						  19570,
						  19756 and
						  19582,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 2 - Filing with the Board › Section 52.1 - Papers; Type Size; Signatures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All papers filed with SPB must be on 8
					 ½ by 11 inch paper, printed or typewritten or be prepared by a
					 photocopying or other duplication process that produce clear and permanent
					 copies equally as legible as printing.
(b) All typewritten papers filed with SPB
					 must have at least one-inch margins and be printed in type not smaller than 12
					 point.
(c) The use of an electronic
					 or digital signature on a document filed with the board shall have the same
					 force or effect as a manual signature on a document filed with the board. A
					 person who signs a filed document electronically or digitally shall retain a
					 copy of the original document with the person's manual signature.
1.
						Renumbering and amendment of former section
						74 to section
						52.1 filed 4-26-90; operative
						5-26-90 (Register 90, No. 22). For prior history, see Register 87, No.
						48.
2. New subarticle 2 (sections
						52.1-52.10), renumbering of former
						section 52.1 to new section
						58.5 and new section
						52.1 filed 8-18-2010; operative
						8-18-2010 pursuant to Government Code section
						11343.4
						(Register 2010, No. 34).
3. Change without regulatory effect
						redesignating former subarticle 2 as new article 2 filed 9-7-2010 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2010, No. 37).
4. Amendment of section heading
						and new subsection (c) filed 4-12-2013; operative 4-12-2013 pursuant to
						Government Code section
						11343.4(b)(3)
						(Register 2013, No. 15).
5. Amendment of article heading filed
						6-8-2017; operative 10-1-2017 (Register 2017, No. 23).
6. Amendment
						of subsection (b) filed 11-30-2017; operative 1-1-2018 (Register 2017, No.
						48).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Section
						  18675,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 2 - Filing with the Board › Section 52.2 - Changes in Mailing Address

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All parties shall inform the Appeals Division of any
						change in their mailing address at the time of the change but not later than 1
						week after the change.
1.
						Renumbering and amendment of former section
						66 to section
						52.2 filed 4-26-90; operative
						5-26-90 (Register 90, No. 22). For prior history, see Register 85, No.
						48.
2. Renumbering of former section
						52.2 to new section
						58.3 and new section
						52.2 filed 8-18-2010; operative
						8-18-2010 pursuant to Government Code section
						11343.4
						(Register 2010, No. 34).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Section
						  18675,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 2 - Filing with the Board › Section 52.3 - Filing Notices of Adverse Action with SPB

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Thirty (30) days after the effective date of this
						section, the Appointing Authority shall file Notices of Adverse Action with the
						Board utilizing the Board's on-line filing system.
1.
						Renumbering and amendment of former section
						61 to section
						52.3 filed 4-26-90; operative
						5-26-90 (Register 90, No. 22). For prior history, see Register 85, No.
						48.
2. Amendment filed 3-19-91; operative 4-18-91 (Register 91, No.
						14).
3. Change without regulatory effect amending subsection (a)
						filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
4. Amendment of subsection (a)
						and amendment of NOTE filed 6-19-2001; operative 6-19-2001 pursuant to
						Government Code section
						18214
						(Register 2001, No. 25).
5. Renumbering of former section
						52.3 to section
						52.6 and new section
						52.3 filed 8-18-2010; operative
						8-18-2010 pursuant to Government Code section
						11343.4
						(Register 2010, No. 34).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Section
						  18675,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 2 - Filing with the Board › Section 52.4 - Requirements and Method of Delivery for Filing Appeals and Complaints with the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Appeals filed with the Board shall be subject to the
						following:
(a) All appeals and
					 complaints shall be in writing.
(b)
					 Except as otherwise provided in these Regulations, each appeal and complaint
					 shall be filed with the Appeals Division and shall:
(1) Identify the name, address, and telephone
					 number of the Appellant or Complainant;
(2) If different than the Appellant or
					 Complainant, identify the name, address, and telephone number of the person
					 filing the appeal or complaint, including the State Bar number if the person
					 filing the appeal or complaint is an attorney;
(3) Except as provided in Government Code
					 section
					 19575,
					 state the facts that form the basis for appeal or complaint; and
(4) Identify all Respondents known to the
					 Appellant or Complainant including, for individually-named Respondents, first
					 and last name, job title, and business address.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 2 - Filing with the Board › Section 52.5 - Requirements and Method of Delivery for Filing All Other Papers with the Appeals Division

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 After an appeal or complaint has been filed with the Appeals Division for
					 review, investigation or hearing, all papers thereafter shall be filed with the
					 Appeals Division, except as provided for in subdivision (b).
(b) The first page of each paper filed shall
					 include the following:
(1) The name, address,
					 and telephone number of the person filing the paper, including the State Bar
					 number if the person filing the paper is an attorney;
(2) A caption setting forth the title of the
					 case, including the names of the Appellant(s) and the Respondent(s);
(3) The SPB case number, if
					 assigned;
(4) A brief title
					 describing the paper filed; and
(5)
					 The date(s) of the hearing and any future prehearing or settlement conferences,
					 if known.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 2 - Filing with the Board › Section 52.6 - Right to Respond to Proposed Personnel Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least five working days before the
					 effective date of a proposed adverse action, rejection during the probationary
					 period, or non-punitive termination, demotion, or transfer under Government
					 Code section
					 19585, the
					 appointing power, as defined in Government Code section
					 18524, or
					 an authorized representative of the appointing power shall give the employee
					 written notice of the proposed action. At least 15 calendar days before the
					 effective date of a medical termination, demotion, or transfer under Government
					 Code section
					 19253.5 or
					 an application for disability retirement filed pursuant to Government Code
					 section
					 19253.5(i)(1),
					 the appointing power or an authorized representative of the appointing power
					 shall give the employee written notice of the proposed action. The notice shall
					 include:
(1) The reasons for such
					 action;
(2) A copy of the charges
					 for adverse action;
(3) A copy of
					 all materials upon which the action is based;
(4) Notice of the employee's right to be
					 represented in proceedings under this section;
(5) Notice of the employee's right to respond
					 to the person specified in subsection (b); and
(6) A statement advising the employee of the
					 time within which to file an appeal with the SPB."
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 2 - Filing with the Board › Section 52.9 - Right to Representation; Notice of Representation and Withdrawal of Counsel or Other Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any party may be represented by counsel
					 or any other person or organization of the party's choice in any hearing or
					 investigation conducted pursuant to this article.
(b) Any counsel or other representative who
					 has assumed representation of a party in any case submitted for hearing before
					 the SPB shall give written notice to the Appeals Division if no presiding
					 officer has been assigned, and written notice to all parties of his or her
					 name, address, telephone number and fax number (if any) and the name of the
					 represented party, within a reasonable time after assuming
					 representation.
(c) Any counsel or
					 other representative may withdraw as counsel or representative of record by
					 giving written notice to the Appeals Division if no presiding officer has been
					 assigned, and written notice to all parties of the withdrawal. The written
					 notice shall include the last known address of the formerly represented
					 party.
(d) Upon withdrawal by
					 counsel or other representative:
(1) The SPB
					 retains jurisdiction over the case;
(2) The formerly represented party bears the
					 burden of keeping the SPB and all parties informed of a current address for
					 purposes of service. If written notice of change of address is not given, any
					 party may serve the formerly represented party at the party's last known
					 address; and
(3) The formerly
					 represented party is responsible for preparation and representation throughout
					 the remainder of the case, unless and until such party retains new counsel or
					 other representative.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 2 - Filing with the Board › Section 52.10 - Service; Proof of Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Service of subpoenas and subpoena duces tecum shall be made by personal
					 service, or by United States mail with postage fully prepaid, certified with
					 return receipt requested.
(b)
					 Service of prehearing/settlement conference and Trial Setting Conference
					 statements shall be made by personal service or United States mail. Service of
					 prehearing/settlement conference and Trial Setting Conference statements may be
					 made by email or fax if the parties agree to such service and a written
					 confirmation of that agreement is made. Service of the prehearing/settlement
					 statement and Trial Setting Conference statement is considered complete at the
					 time the statement is: delivered personally; transmitted by facsimile;
					 transmitted by email; or deposited in a post office, mailbox, sub post office,
					 substation, or mail chute, or other like facility regularly maintained by the
					 United States Postal Service.
(c)
					 Service of all other documents shall be made pursuant to sections
					 1012,
					 1013,
					 and
					 1013a
					 of the Code of Civil Procedure.
1. New
						section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code
						section
						11343.4
						(Register 2010, No. 34).
2. New subsection (b) and subsection
						relettering filed 11-30-2017; operative 1-1-2018 (Register 2017, No.
						48).
Note: Authority cited: Sections
						  18211,
						  18214 and
						  18701,
						  Government Code. Reference: Sections
						  415.30,
						  1008,
						  1012
						  and
						  1013,
						  Code of Civil Procedure; Sections
						  89538 and
						  89541,
						  Education Code; Sections
						  11440.20(b),
						  18575,
						  18672,
						  19058,
						  19083,
						  19100.5,
						  19173,
						  19243.4,
						  19253.5,
						  19574,
						  19585,
						  19590,
						  19803 and
						  19889.2,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 2 - Filing with the Board › Section 52.11 - Counting Days

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an
					 act must occur or a document must be filed a certain number of days after an
					 event, and the exact number of days after the event falls on a Saturday,
					 Sunday, holiday, or other non-business day, then the pleading or filing is due
					 the business day immediately following the Saturday, Sunday, holiday or other
					 non-business day.
(b) If an act
					 must occur or a document must be filed a certain number of days before an
					 event, and the exact number of days before the event falls on a Saturday,
					 Sunday, holiday, or other non-business day, then the pleading or filing is due
					 the business day immediately preceding the Saturday, Sunday, holiday or other
					 non-business day.
1. New
						section filed 4-12-2013; operative 4-12-2013 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2013, No. 15).
2. Amendment filed 11-30-2017; operative
						1-1-2018 (Register 2017, No. 48).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Section
						  18675,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 2 - Filing with the Board › Section 53 - Appeals Assigned to General Merit System Appeals Process. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of former section
						53 to sections
						51.1 and
						53 filed 4-26-90; operative 5-26-90
						(Register 90, No. 22). For prior history, see Register 87, No.
						48.
2. Change without regulatory effect amending subsection (a)
						filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
3. Repealer filed 8-18-2010;
						operative 8-18-2010 pursuant to Government Code section
						11343.4
						(Register 2010, No. 34).
Note: Authority: Section
						  18701,
						  Government Code. Reference: Section
						  18675,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 3 - Assignment of Appeals or Complaints › Section 53.1 - Appeals or Complaints Assigned to Informal Hearing Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless
					 otherwise assigned, the following matters will be assigned to the informal
					 hearing process:
(1) Appeals from
					 psychological and medical disqualification.
(2) Appeals from voided civil service
					 appointments.
(3) Appeals from
					 denial to take state civil service examination or be certified to any position
					 in state civil service, pursuant to section
					 211.
(4) Whistleblower retaliation complaints not
					 consolidated with other appeals assigned to the evidentiary hearing
					 process.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 3 - Assignment of Appeals or Complaints › Section 53.2 - Appeals or Complaints Assigned to Investigative Review Process and Investigatory Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Unless otherwise assigned, the following matters will be assigned to the
					 investigative review process:
(1) Challenges
					 to examination results, rejection of application for state civil service
					 employment based upon minimum qualifications, certification withholds, appeals
					 of layoff review findings under Government Code section
					 19798, and
					 merit issue complaints.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 3 - Assignment of Appeals or Complaints › Section 53.3 - Appeals or Complaints Assigned to the Evidentiary Hearing Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless
					 otherwise required by law, or otherwise assigned, the following shall be
					 assigned to the full evidentiary hearing process:
(1) Approved requests to file charges
					 pursuant to Government Code section
					 19583.5.
(2) Appeal of an adverse action pursuant to
					 Government Code section
					 19575 or
					 19590
					 where the penalty imposed is greater than a suspension without pay for five
					 days or a one-step reduction in pay for four months.
(3) Complaint of discrimination, harassment,
					 or retaliation based upon medical condition or mental or physical disability,
					 or denial of reasonable accommodation for a physical or mental disability
					 accepted pursuant to Section
					 64.6.
(4) Any other appeal or complaint deemed
					 appropriate by the Chief ALJ, Executive Officer, the Board, or its
					 President.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 3 - Assignment of Appeals or Complaints › Section 53.4 - Reassignment of Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise provided by law, the Board, the
						Executive Officer, or the Chief ALJ may reassign an appeal to any
						process.
1. New
						section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code
						section
						11343.4
						(Register 2010, No. 34).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Section
						  18675,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 3 - Assignment of Appeals or Complaints › Section 54 - Discrimination Complaint Process. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer and section filed 4-26-90; operative 5-26-90 (Register 90, No. 22).
						For prior history, see Register 87, No. 48.
2. Change without
						regulatory effect amending section filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
3. Repealer filed 8-18-2010;
						operative 8-18-2010 pursuant to Government Code section
						11343.4
						(Register 2010, No. 34).
Note: Authority: Section
						  18701,
						  Government Code. Reference: Section
						  19700,
						  19701,
						  19702,
						  19702.1,
						  19702.2,
						  19702.5,
						  19703,
						  19704 and
						  19705,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 4 - Informal Hearing Process › Section 54.1 - Informal Hearing Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
					 those appeals assigned to hearing before a hearing officer, the hearing officer
					 shall have the authority to administer oaths, subpoena and require the
					 attendance of witnesses and the production of books or papers. The hearing
					 officer shall have the sole discretion to determine whether the parties to the
					 hearing shall have the authority to call and examine witnesses. The hearing
					 officer shall have the authority to take official notice of those matters
					 specified in Government Code section
					 11515, in
					 accordance with the provisions of that section.
(b) Failure of any party to proceed at
					 hearings presided over by a hearing officer shall be deemed a withdrawal of the
					 action or appeal unless the hearing is continued for good cause.
(c) The provisions of section
					 59.2 and
					 59.3 shall apply to hearings
					 conducted by hearing officers except that all motions or petitions filed with
					 the Appeals Division pursuant to those regulations shall be directed to the
					 attention of the Chief ALJ and not the hearing officer.
(d) The hearing shall be calendared for no
					 more than 2 hours, except for Whistleblower Retaliation hearings which will be
					 calendared for no more than 4 hours.
(e) The hearing officer may question the
					 parties and the parties' witnesses and extend additional time to each of the
					 parties.
(f) The hearing officer is
					 not bound by common law/statutory rules of evidence or by technical or formal
					 rules of procedure, except as set forth herein, but shall conduct the hearing
					 in such a manner as necessary to reach a just and proper decision. Relevant
					 evidence will be admitted if it is the sort of evidence on which responsible
					 persons are accustomed to rely in the conduct of serious affairs.
(g) Declarations/affidavits made under
					 penalty of perjury will be admissible even though they are technically hearsay,
					 and may be relied upon by the hearing officer to make a finding of
					 fact.
(h) The hearing officer shall
					 prepare a proposed decision which will be forwarded to the board.
1. New
						subarticle 4 (section
						54.1) and section filed 8-18-2010;
						operative 8-18-2010 pursuant to Government Code section
						11343.4
						(Register 2010, No. 34).
2. Change without regulatory effect
						redesignating former subarticle 4 as new article 4 filed 9-7-2010 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2010, No. 37).
3. Amendment filed 4-12-2013;
						operative 4-12-2013 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2013, No. 15).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18675 and
						  19570,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 4 - Informal Hearing Process › Section 54.2 - Withhold Appeals Based on Psychological Screening Results

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Screening Program" as used herein for
					 withhold appeals based upon psychological screening results for peace officer
					 candidates means the Department, the California Department of Corrections and
					 Rehabilitation, or an agency delegated by the Department that conducted the
					 psychological screening of the appellant.
(b) Candidates who have obtained a positive
					 report from an outside qualified professional, but who are withheld from
					 certification by the Screening Program, may file a written appeal with the
					 Board's Appeals Division. Any such appeal shall be filed within 30 days after
					 the candidate is notified that he or she has been withheld from
					 certification.
(c) Upon timely
					 receipt of the appeal, an informal hearing shall be scheduled as provided in
					 section 54.1.
1. Change
						without regulatory effect adopting section filed 9-9-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 37). For prior history, see Register 2010, No.
						34.
Note: Authority cited: Sections
						  18502 and
						  18701,
						  Government Code. Reference: Sections
						  18675 and
						  18931,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 4 - Informal Hearing Process › Section 55 - Hearing Officer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 4-26-90; operative 5-26-90 (Register 90, No.
						22).
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 5 - Investigative Process › Section 55.1 - Investigative Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
					 those appeals assigned to review by an Investigative Officer pursuant to
					 section 53.2, the Investigative Officer
					 shall have the authority to interview witnesses, administer oaths, subpoena and
					 require the attendance of witnesses and the production of books or papers. The
					 Investigating Officer shall also have the authority to take official notice of
					 those matters specified in section
					 11515 of
					 the Government Code.
(b) No hearing
					 shall be conducted concerning those appeals assigned to investigative review.
					 No party to the appeal shall be authorized to conduct discovery concerning
					 those issues subject to investigative review. No party to the appeal shall be
					 authorized to call and examine witnesses as part of the investigative review.
					 The investigative review shall be based upon any documentary or other
					 information deemed relevant by the Investigative Officer.
(c) The Investigative Officer is not bound by
					 common law/statutory rules of evidence or by technical or formal rules of
					 procedure, except as set forth herein, but shall conduct the investigatory
					 review in such a manner as necessary to reach a just and proper decision.
					 Relevant evidence will be admitted if it is the sort of evidence on which
					 responsible persons are accustomed to rely in the conduct of serious
					 affairs.
(d)
					 Declarations/affidavits made under penalty of perjury will be admissible even
					 though they are technically hearsay, and may be relied upon by the
					 Investigative Officer to make a finding of fact.
(e) Upon conclusion of the Investigatory
					 Review, the Executive Officer, or his or her designee shall either:
(1) Present a recommended decision to the
					 Board, or
(2) Render a
					 decision.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 5 - Investigative Process › Section 56 - Appeals of Layoff Review Findings Under Government Code Section 19798

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All appeals
					 filed under Government Code section
					 19798
					 shall comply with section
					 52.4 and be filed no later than 30
					 days from the date the affected employee, respective employee organization, or
					 agency was notified of the Department's findings. The filing of an appeal shall
					 not delay the implementation of a seniority based layoff.
(b) Either the appellant or respondent may
					 file a petition for rehearing of an appeal decision as set forth in section
					 51.7.
1. Change
						without regulatory effect adopting section filed 9-9-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 37). For prior history, see Register 2010, No.
						34.
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Section
						  19798,
						  Government Code; and Connerly v. State Personnel Bd. (2001) 92 Cal.App.4th
						  16.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 1 - Administrative Law Judges › Section 56.1 - Authority of ALJ

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When an ALJ has been assigned to evidentiary or
						  investigatory hearing matters, an ALJ is fully authorized and empowered to
						  control the litigation before them and may grant or refuse extensions of time,
						  receive evidence, hold appropriate conferences before or during hearings, rule
						  upon all objections or motions, hear argument, and fix the time for the filing
						  of briefs. An ALJ is fully authorized and empowered to perform any and all
						  other acts in connection with such proceedings that may be authorized by law or
						  these regulations, including those acts necessary to ensure due process for all
						  parties, and has wide latitude as to all phases of the conduct of the hearing,
						  including the manner in which the hearing will proceed.
1. New
						  section filed 8-14-2002; operative 8-14-2002 pursuant to Government Code
						  section
						  18214
						  (Register 2002, No. 33).
2. Amendment of section heading, section
						  and NOTE filed 3-8-2006; operative 3-8-2006. Exempt from the Administrative
						  Procedure Act pursuant to section
						  18211 of
						  the Government Code and submitted to the Office of Administrative Law for
						  filing with the Secretary of State and publication in the California Code of
						  Regulations pursuant to section
						  18214 of
						  the Government Code (Register 2006, No. 10).
3. New subarticle 6
						  (chapters 1-5, sections
						  56.1-60.3) and chapter 1 (sections
						  56.1-56.4), renumbering of former
						  section 56.1 to new section
						  67.2 and new section
						  56.1 filed 8-18-2010; operative
						  8-18-2010 pursuant to Government Code section
						  11343.4
						  (Register 2010, No. 34).
4. Change without regulatory effect
						  redesignating former subarticle 6 as new article 6 and redesignating former
						  chapter 1 as new subarticle 1 filed 9-7-2010 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 2010, No. 37).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 18675,
							 Government Code; Mileikowsky v Tenent Healthsystem (2005) 128 Cal.App.4th 531,
							 560.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 1 - Administrative Law Judges › Section 56.2 - Peremptory Strike

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
						party is entitled to one peremptory strike (disqualification without cause) of
						an ALJ assigned to a hearing. In no event shall a peremptory strike be allowed
						if it is made after the hearing has commenced.
(b) A peremptory strike shall be:
(1) Filed with the Appeals Division and
						directed to the Chief ALJ within 20 days of the date that the Appeals Division
						mails a letter of acknowledgement of the filing of the matter together with a
						list of the available ALJ's to all the parties;
(2) Filed by a party, or a party's attorney
						or authorized representative; and
(3) Made in writing in substantially the
						following form:
"I am a party to [CASE NAME AND NUMBER] and am
						  exercising my right to a peremptory strike regarding ALJ [NAME], pursuant to
						  section 56.2."
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 1 - Administrative Law Judges › Section 56.3 - Disqualification of Presiding Officer or Board Member for Cause

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A presiding officer shall perform his or
						her duties without bias or prejudice. A presiding officer shall dispose of all
						matters fairly, promptly, and efficiently.
(b) A presiding officer shall disqualify
						himself or herself in any proceeding in which disqualification is required by
						law, including those instances in which the presiding officer has a bias,
						prejudice, or interest in the proceeding.
(1)
						It is not alone or in itself grounds for disqualification, without further
						evidence of bias, prejudice, or interest, that the presiding officer:
(A) is or is not a member of a racial,
						ethnic, religious, sexual, or similar group and the proceeding involves the
						rights of that group;
(B) has
						experience, technical competence, or specialized knowledge of, or has in any
						capacity expressed a view on, a legal, factual, or policy issue presented in
						the proceeding; or
(C) has as a
						lawyer or public official participated in the drafting of laws or regulations,
						the meaning, effect, or application of which is at issue in the
						proceeding.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 1 - Administrative Law Judges › Section 56.4 - Ex Parte Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) While any adjudicatory proceeding is
						pending before the board or a presiding officer, there shall be no
						communication, direct or indirect, regarding any issue in the proceeding, to
						the presiding officer from any party, party representative, or interested third
						party, or to any party, party representative, or interested third party, from a
						presiding officer, without notice and opportunity for all parties to
						participate in the communication.
(1) Nothing
						in this section precludes a communication made on the record at the
						hearing.
(2) For the purpose of
						this section, a proceeding is pending from the submission of an appeal to the
						Appeals Division.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 1 - Administrative Law Judges › Section 56.5 - Avoiding Impropriety and the Appearance of Impropriety

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A presiding officer shall act at all
						times in a manner that promotes public confidence in the integrity and
						impartiality of the position.
(b) A
						presiding officer shall neither allow family, social, political, or other
						relationships to influence the conduct or judgment of the presiding officer nor
						permit others to convey the impression that any individual is in a special
						position to influence the presiding officer.
(c) A presiding officer shall not lend the
						prestige of his or her office or use his or her title in any manner to advance
						the pecuniary interests of the presiding officer or family members of the
						presiding officer.
1. New
						  section filed 4-12-2013; operative 4-12-2013 pursuant to Government Code
						  section
						  11343.4(b)(3)
						  (Register 2013, No. 15). For prior history, see Register 2010, No.
						  34.
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 18675,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 1 - Administrative Law Judges › Section 56.6 - Disciplinary Action for Proven Retaliatory Acts. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 8-14-2002; operative 8-14-2002 pursuant to Government Code
						  section
						  18214
						  (Register 2002, No. 33).
2. Amendment of section and NOTE filed
						  3-8-2006; operative 3-8-2006. Exempt from the Administrative Procedure Act
						  pursuant to section
						  18211 of
						  the Government Code and submitted to the Office of Administrative Law for
						  filing with the Secretary of State and publication in the California Code of
						  Regulations pursuant to section
						  18214 of
						  the Government Code (Register 2006, No. 10).
3. Renumbering of
						  former section
						  56.6 to new section
						  67.7 filed 8-18-2010; operative
						  8-18-2010 pursuant to Government Code section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Sections
							 18701 and
							 18214,
							 Government Code. Reference: Section
							 87164,
							 Education Code; Sections
							 8547.8,
							 18670,
							 18671,
							 18675,
							 18710,
							 19572,
							 19574,
							 19582,
							 19583.5,
							 19590,
							 19592 and
							 19683,
							 Government Code; and Section
							 6129, Penal
							 Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 1 - Administrative Law Judges › Section 56.7 - Consolidation with Other Hearings. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 8-14-2002; operative 8-14-2002 pursuant to Government Code
						  section
						  18214
						  (Register 2002, No. 33).
2. Amendment of section and NOTE filed
						  3-8-2006; operative 3-8-2006. Exempt from the Administrative Procedure Act
						  pursuant to section
						  18211 of
						  the Government Code and submitted to the Office of Administrative Law for
						  filing with the Secretary of State and publication in the California Code of
						  Regulations pursuant to section
						  18214 of
						  the Government Code (Register 2006, No. 10).
3. Renumbering of
						  former section
						  56.7 to new section
						  67.8 filed 8-18-2010; operative
						  8-18-2010 pursuant to Government Code section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Sections
							 18701 and
							 18214,
							 Government Code. Reference: Sections
							 8547.8,
							 11513,
							 18670,
							 18671,
							 18672,
							 18675,
							 19175,
							 19253.5,
							 19575,
							 19582,
							 19585,
							 19590 and
							 19683,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 1 - Administrative Law Judges › Section 56.8 - Evidentiary Hearing Procedures and Representation by the Executive Officer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 8-14-2002; operative 8-14-2002 pursuant to Government Code
						  section
						  18214
						  (Register 2002, No. 33).
2. Repealer and new section filed 3-8-2006;
						  operative 3-8-2006. Exempt from the Administrative Procedure Act pursuant to
						  section
						  18211 of
						  the Government Code and submitted to the Office of Administrative Law for
						  filing with the Secretary of State and publication in the California Code of
						  Regulations pursuant to section
						  18214 of
						  the Government Code (Register 2006, No. 10).
3. Repealer filed
						  8-18-2010; operative 8-18-2010 pursuant to Government Code section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Sections
							 18701 and
							 18214,
							 Government Code. Reference: Section
							 87164,
							 Education Code; Sections
							 8547.8,
							 18670,
							 18671,
							 18675,
							 19572,
							 19574,
							 19575,
							 19590 and
							 19683,
							 Government Code; and Section
							 6129, Penal
							 Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 2 - Prehearing Provisions › Section 57.2 - Consolidated Proceedings; Separate Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When proceedings that involve a common
						question of law or fact are pending, the Chief ALJ or his designee on the
						judge's own motion, or on the motion of a party, may order a joint hearing of
						any or all matters at issue in the proceedings. The Chief ALJ or his designee
						may order all the proceedings consolidated and may make orders concerning the
						procedure that may tend to avoid unnecessary costs or delay.
(b) A party who brings a motion for
						consolidated proceedings or separate proceedings shall comply with section
						60.1.
(c) Where a motion for consolidated
						proceedings or separate proceedings is made on the day of the hearing, the
						moving party must demonstrate that the issues were not discoverable at an
						earlier time.
1. New
						  section filed 8-12-2002; operative 8-12-2002. Submitted to OAL for printing
						  only pursuant to Government Code section
						  18214
						  (Register 2002, No. 33).
2. Amendment of section and NOTE filed
						  2-28-2006; operative 2-28-2006. Exempt from the Administrative Procedure Act
						  pursuant to section
						  18211 of
						  the Government Code and submitted to the Office of Administrative Law for
						  filing with the Secretary of State and publication in the California Code of
						  Regulations pursuant to section
						  18214 of
						  the Government Code (Register 2006, No. 9).
3. Renumbering of former
						  section 57.2 to new section
						  59.1 and new section
						  57.2 filed 8-18-2010; operative
						  8-18-2010 pursuant to Government Code section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 18675,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 2 - Prehearing Provisions › Section 57.3 - Petition to Compel Discovery. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 8-12-2002; operative 8-12-2002. Submitted to OAL for printing
						  only pursuant to Government Code section
						  18214
						  (Register 2002, No. 33).
2. Amendment of section and NOTE filed
						  2-28-2006; operative 2-28-2006. Exempt from the Administrative Procedure Act
						  pursuant to section
						  18211 of
						  the Government Code and submitted to the Office of Administrative Law for
						  filing with the Secretary of State and publication in the California Code of
						  Regulations pursuant to section
						  18214 of
						  the Government Code (Register 2006, No. 9).
3. Renumbering of former
						  section 57.3 to new section
						  60.3 filed 8-18-2010; operative
						  8-18-2010 pursuant to Government Code section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Sections
							 18701 and
							 18214,
							 Government Code. Reference: Section
							 87164,
							 Education Code; Section
							 915,
							 Evidence Code; and Sections
							 8547.8,
							 18670,
							 18671,
							 18672,
							 18672.1,
							 18673,
							 18675,
							 19683 and
							 19700-
							 19706,
							 Government Code.