California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 8 - Examinations › Section 213.5 - Consequences of Drug Use

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Applicants who fail the drug test pursuant to section
					 213.4 (h), will be
					 disqualified from the examination in which they are competing and, except as
					 provided by section
					 213.5(e), shall
					 not be eligible to take any State civil service examination for a class for
					 which drug testing is required until one year has elapsed from the date the
					 drug test specimen is given.
(b)
					 Except as provided by section
					 213.5(e),
					 applicants who fail the drug test because of a drug for which possession would
					 constitute a felony offense under the Uniform Controlled Substances Act (Health
					 and Safety Code, division 10, beginning at 11000) shall not be eligible to take
					 any State civil service examination for a peace officer class until ten years
					 have elapsed from the date the drug test specimen is given.
(c) Any applicant for a State civil service
					 examination for a peace officer class who discloses, or whose background
					 investigation reveals, use of a drug for which possession would constitute a
					 felony offense under the Uniform Controlled Substances Act (Health and Safety
					 Code, division 10, beginning at 11000) subsequent to his or her eighteenth
					 birthday and prior to his or her twenty-third birthday, shall be disqualified
					 from the examination in which he or she is competing until five years have
					 elapsed from the date of the disclosed or revealed use of the drug; and shall
					 not be eligible to take any State civil service examination for a peace officer
					 class until five years have elapsed from the date of the disclosed or revealed
					 use. If any such disclosed or revealed use occurred on or after the applicant's
					 twenty-third birthday, he or she shall be disqualified from the examination in
					 which he or she is competing until 10 years have elapsed from the date of the
					 disclosed or revealed use of the drug; and shall not be eligible to take any
					 State civil service examination for a peace officer class until 10 years have
					 elapsed from the date of the disclosed or revealed use. The disqualification
					 period shall begin on the date that the drug was used, and not on the date that
					 the drug use was disclosed or revealed.
(d) Any applicant for a State civil service
					 examination for a peace officer class who is disqualified from the current
					 examination for one of the causes specified in (c) may, upon petition and with
					 the consent of the Department, be permitted to compete in the current
					 examination and, if successful, remain on the eligible list. In acting on the
					 request, the Department shall consider evidence submitted by the person of
					 rehabilitation from drug abuse and/or extenuating circumstances regarding the
					 drug use.
(e) Any applicant who is
					 disqualified from taking any subsequent examination as specified in this
					 section may, upon petition and with the consent of the Department, be permitted
					 to take the specified examination. In acting on the petition, the Department
					 shall consider evidence submitted by the person of rehabilitation from drug
					 abuse and/or extenuating circumstances regarding the drug use.
(f) Persons denied permission to take a
					 subsequent examination within the specified one-, five-, and ten-year periods
					 may appeal in writing to the Board within 30 days of notification.
1. New
						section filed 5-1-89; operative 5-31-89 (Register 89, No. 18).
2.
						Amendment of subsections (b) and (c) filed 3-22-90; operative 4-21-90 (Register
						90, No. 15).
3. Change without regulatory effect amending section
						filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
4. Amendment of subsections (a),
						(b), (e) and NOTE and new subsection (d) and relettering filed 1-4-93;
						operative 2-3-93 (Register 93, No. 2).
5. Amendment of section
						heading, subsections (c)-(e) and NOTE filed 12-15-99; operative 12-15-99
						pursuant to Government Code section
						11343.4(d)
						(Register 99, No. 51).
6. Change without regulatory effect amending
						section filed 9-9-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 37).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  1031,
						  18930 and
						  18935,
						  Government Code; Sections
						  11000,
						  11007,
						  11054-11058,
						  11350,
						  11356 and
						  11377 (California Uniform
						  Controlled Substances Act), Health and Safety Code; and Federal Public Health
						  and Welfare Code, Title 42, Chapter 126, Section
						  12114(b)
						  (Americans with Disabilities Act of
						  1990).