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 52.7 - Request to File Charges Against State Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any request to file charges pursuant to
					 Government Code section
					 19583.5,
					 shall be filed by the requesting party with the Appeals Division of the SPB.
					 The requesting party shall also serve the appropriate number of conforming
					 copies on the appointing authority for each employee against whom disciplinary
					 action is sought.
(b) Each request
					 shall be in writing.
(c) Each
					 request must clearly state the facts constituting the cause or causes for
					 adverse action in such detail as is reasonably necessary to enable the accused
					 employee to prepare a defense thereto. The accused employee has a right to
					 provide an answer within 30 days of service of the request to file charges
					 pursuant to Government Code section
					 19583.5.
(d) Each request must clearly state the legal
					 cause(s) for discipline as set forth in Government Code section
					 19572.
(e) Each request shall include a sworn
					 statement, signed under penalty of perjury, that the contents of the request
					 are true and correct.
(f) Each
					 request shall be limited to a maximum of 15 pages of double-spaced typed or
					 printed text, not including exhibits. Additional pages may be allowed upon a
					 showing of good cause. The requesting party shall submit a separate document
					 with the request to file charges stating the reasons for good cause for the
					 additional pages.
(g) Where it does
					 not appear that the material facts alleged are within the personal knowledge of
					 the requesting party, the Appeals Division may require the requesting party to
					 present supporting affidavits from persons having actual knowledge of the facts
					 before acting upon the request.
(h)
					 Only after compliance with subdivisions (a) through (g) will the Appeals
					 Division conduct an investigative review to determine whether the Board will
					 give its consent to file charges.
(i) If the Board approves the request after
					 an investigative review, the parties will be notified that the request has been
					 approved and that the matter will be scheduled for an evidentiary hearing
					 before an ALJ. The Appeals Division will notify the parties of the time and
					 location of the hearing.
(1) The hearing
					 shall be conducted in accordance with those regulations related to the adverse
					 action hearing process pursuant to Sub-Article 6, beginning with section
					 56.1. During the hearing, the
					 requesting party shall bear the burden of proving the allegations contained in
					 the request by a preponderance of the evidence.
(2) No disciplinary action shall be imposed
					 on the employee until after the completion of the hearing, and only upon a
					 finding by the Board that disciplinary action is warranted against the
					 employee.
(3) In those instances
					 where the Board finds that disciplinary action is warranted against the
					 employee, the Board shall notify the employee's appointing authority of the
					 disciplinary action to be imposed on the employee. The appointing authority
					 shall thereafter cause the disciplinary action mandated by the Board to be
					 implemented against the employee within a reasonable period of time, not to
					 exceed two weeks. The employee shall not be entitled to a right to respond
					 pursuant to section
					 52.6. Within 30 days after a copy
					 of the Board's decision is served upon the parties, either party may petition
					 the Board for rehearing of the decision, pursuant to Government Code section
					 19586.