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 3 - Hearings › Section 58.8 - Accommodation for Persons with Disabilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In proceedings where an Applicant has a disability
						  requiring accommodation either at the hearing or at any other stage of any
						  administrative adjudication at the State Personnel Board (SPB), the Applicant
						  shall be responsible for requesting accommodations.
(a) "Persons with disabilities" means
						individuals covered by California Civil Code section
						51 et seq.; the
						Americans With Disabilities Act of 1990 (42 U.S.C. §
													12101 et seq.); or other applicable state and
						federal laws. This definition includes persons who have a physical or mental
						impairment that limits one or more of the major life activities, have a record
						of such impairment, or are regarded as having such an impairment.
(b) "Applicant" means any lawyer, party,
						witness, or other person with an interest in attending any proceeding before
						the SPB.
(c) "Accommodations" means
						actions that result in services, programs, or activities being readily
						accessible to and usable by persons with disabilities. Accommodations may
						include making reasonable modifications in policies, practices, and procedures;
						furnishing, at no charge, to persons with disabilities, auxiliary aids and
						services, equipment devices, materials in alternative formats, readers, or
						certified interpreters for persons with hearing impairments; relocating
						services or programs to accessible facilities; or providing services at
						alternative sites. Although not required where other actions are effective in
						providing access to SPB services, programs, or activities, alteration of
						existing facilities by the SPB may be an accommodation.
(d) Process for Requesting Accommodations
The process for requesting accommodations is as
						  follows:
(1) Requests for
						accommodations may be presented ex parte on a form provided by SPB, in another
						written format, or orally. Requests must be forwarded to the SPB Appeals
						Division to the attention of the Presiding Administrative Law Judge.
(2) Requests for accommodation must include
						the name of the Appeal and SPB's case number, along with a description of the
						accommodation sought, along with a statement of the impairment that
						necessitates the accommodation. The SPB, in its discretion, may require the
						applicant to provide additional information about the impairment.
(3) Requests for accommodation must be made
						as far in advance as possible, and in any event must be made no fewer that 30
						days before the requested implementation date. The SPB may waive this
						requirement for good cause.
(4) The
						SPB will keep confidential all information of the Applicant concerning the
						request for accommodation, unless confidentiality is waived in writing by the
						applicant or disclosure is required by law. The Applicant's identity and
						confidential information will not be disclosed to the public or to persons
						other than those involved in the accommodation process. Confidential
						information includes all medical information pertaining to the Applicant, and
						all oral or written communication from the Applicant concerning the request for
						accommodation.
(5) Permitted
						communication under this rule must address only the accommodation requested by
						the applicant and must not address, in any manner, the subject matter or merits
						of the proceedings before SPB.