reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 20 - Layoff and Demotion › Section 599.845 - Order of Layoff when Combined Seniority Scores Are Equal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If two or more employees have the same seniority score,
						the order of layoff shall be determined by giving preference for retention in
						the following sequence:
(1)
					 veteran;
(2) employee with greatest
					 amount of service in the class of layoff or in a class at substantially the
					 same or higher salary level as the class of layoff;
(3) employee who has served in the service
					 class of layoff or in a class at substantially the same or higher salary level
					 as the class of layoff with the highest maximum salary;
(4) employee with the earliest appointment
					 date for any service credit computed under the provisions of Government Code
					 section
					 19997.3;
(5) employee with the greatest total state
					 service as computed under the provisions of section
					 599.739 of these
					 regulations;
(6) employee with the
					 earliest date of appointment to state service qualified under the provisions of
					 section 599.739 of these regulations;
					 and
(7) employee whose name is
					 drawn by lot.
If two or more employees in a professional, scientific,
						administrative, management, or executive class have the same seniority score,
						the employee who has the lower rating for current performance shall be laid off
						first. If distinction cannot be made between two or more such employees with
						the same seniority score by this means the other preferences provided in this
						section shall apply.
1. Change
						without regulatory effect renumbering former section
						599.845 to section
						599.844 and renumbering former
						section 599.846 to section
						599.845, including amendment of
						section heading, section and NOTE, filed 9-9-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 37).
Note: Authority cited: Sections
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Sections
						  19997,
						  19997.3,
						  19997.4
						  and
						  19997.7,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 20 - Layoff and Demotion › Section 599.846 - Order of Layoff

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If requested by the appointing authority and approved by
						the Department layoff of employees in any one of the following categories may
						be made before layoff of employees in the other categories: intermittent,
						part-time, full-time; provided that full-time employees laid off as a result of
						the application of this section may elect transfer to remaining intermittent
						and part-time positions in accordance with the provisions of chapter 7. of the
						Act governing demotion in lieu of layoff.
1. Change
						without regulatory effect renumbering former section
						599.846 to section
						599.845 and renumbering former
						section 599.847 to section
						599.846, including amendment of
						section and NOTE, filed 9-9-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 37).
Note: Authority cited: Sections
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Sections
						  19997 and
						  19997.7,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 20 - Layoff and Demotion › Section 599.847 - Reemployment List Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the names of employees whose seniority scores were
						computed in accordance with the provisions of Government Code section
						19997.3
						that became effective on April 21, 1980, are placed on reemployment lists
						containing the names of persons whose seniority scores were computed prior to
						that date, the order of names on the reemployment list shall be the same as if
						the seniority scores of all persons on the list had been computed in accordance
						with the provisions that became effective on April 21, 1980.
1. Change
						without regulatory effect renumbering former section
						599.847 to section
						599.846 and renumbering former
						section 599.849 to section
						599.847, including amendment of
						section and NOTE, filed 9-9-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 37).
Note: Authority cited: Sections
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Sections
						  19997.3
						  and
						  19997.4,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 20 - Layoff and Demotion › Section 599.848 - Corrective Action Initiated by the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a position is reallocated to a lower class and the
						appointing authority fails within a four-month period following the
						reallocation either to reassign appropriate duties; to effect a change of
						status of the incumbent to a class appropriate for the assigned duties; or to
						develop a plan for corrective action which is approved by the Department, the
						Department may, pursuant to Government Code section
						18804,
						initiate a layoff in the class, including determining the area of layoff, or
						such other corrective action as deemed appropriate.
The appointing authority shall provide, upon request of
						the Department, in accordance with Government Code section
						18573, all
						the necessary information required to effect the corrective action.
The procedures established by the Department to implement
						this section shall provide for appropriate and timely notification to employees
						concerned of Department actions that affect their position or
						status.
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).
Note: Authority cited: Sections
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Sections
						  18573 and
						  18804,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 20 - Layoff and Demotion › Section 599.849 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All appeals submitted under this section shall be in
						writing and filed no later than 30 days from the date the affected employee,
						respective employee organization, or agency was notified of the determination
						or decision of the agency or Department under section
						599.844.2 of these regulations. Any
						factual assertions in support of the appeal shall be supported by documentary
						evidence and/or declarations under penalty of perjury.
(a) Appeal(s) as to the results of the agency
					 census survey and race/ethnicity, gender, or disability identification of the
					 employee, and appeals as to whether the agency is or is not mandated by federal
					 law to adjust the order of layoff or would be at risk of losing federal funding
					 if it does not adjust the order of layoff, shall be filed with the Department
					 for resolution. The appeal(s) shall, at a minimum, set forth the legal and
					 factual basis for the appeal(s). The Department shall investigate and may
					 request additional information from the filing party and/or the agency. If the
					 appellant or the agency disagrees with the decision of the Department, the
					 appellant or the agency may appeal that decision to the Department, no later
					 than 30 days from the date of notification of the determination by the
					 Department. The Department may rule on the appeal with or without a
					 hearing.
(b) Appeal(s) as to the
					 determination by the Department to allow the agency to proceed with a
					 seniority-based layoff of all or part of the affected workforce shall be filed
					 with the Department for resolution. The appeal(s) shall, at a minimum, set
					 forth the legal and factual arguments as to why the determination(s) challenged
					 in the appeal is/are improper. The Department shall be authorized to
					 investigate and may conduct a hearing.
(c) The filing of an appeal shall not delay
					 the implementation of a decision to proceed with a seniority-based
					 layoff.
1. Change
						without regulatory effect renumbering former section
						599.849 to section
						599.847 and adopting new section
						599.849 filed 9-9-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 37).
Note: Authority cited: Sections
						  18502 and
						  19815.4(d),
						  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 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 20 - Layoff and Demotion › Section 599.850 - Past Hiring Practices Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When required by section
						599.844.2 of these regulations or
						ordered pursuant to section
						599.849 of these regulations, the
						Department shall conduct a hearing to determine if past discriminatory hiring
						practices have occurred in the class(es) of layoff.
(a) The Department shall give the agency and
					 employees in the affected workforce at least 15 days notice of the hearing and
					 shall prepare a written report for the hearing. The report shall include all
					 available data, statistical and otherwise, concerning past hiring practices
					 related to the class(es) of layoff.
(b) Any other party may also present evidence
					 at the hearing concerning past hiring practices related to the class(es) of
					 layoff.
(c) If the Department finds
					 that past discriminatory hiring practices related to the class(es) of layoff
					 have occurred, it shall issue findings of facts supporting its determination
					 and an order to remedy such discrimination. To the extent permitted by law,
					 such an order may include, but is not limited to, changing the order and/or
					 subdivision(s) of layoff and reemployment so that the relative composition of
					 the affected workforce of that category of employees discriminated against will
					 be, as nearly as possible, the same immediately after the layoff as it was
					 immediately before the layoff for those affected workforce groups.
(d) If the Department finds no discrimination
					 in past hiring practices has occurred, it shall issue an order requiring the
					 layoff to continue in the normal order of seniority, unless a seniority-based
					 layoff would conflict with the provisions of a memorandum of understanding
					 reached pursuant to Government Code section
					 3512, et
					 seq. (Ralph C. Dills Act).
1. New
						section filed 2-9-84 (corrected copy refiled 2-27-84); effective thirtieth day
						thereafter (Register 84, No. 8).
2. Editorial correction of HISTORY
						NOTES printed in error in Register 84, Nos. 8 and 12 (Register 84, No.
						15).
3. Change without regulatory effect repealing former section
						and adopting new section filed 9-9-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 37).
Note: Authority cited: Sections
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Sections
						  19790 and
						  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 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 20.5 - State Restriction of Appointments › Section 599.854 - Scope - Excluded Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article shall govern the
					 Department's program under Government Code sections
					 19998 and
					 19998.1 to
					 assist in the job placement of excluded employees who may be facing layoff or
					 demotion-in-lieu of layoff as those terms are used in Government Code sections
					 19997 and
					 19997.8.
					 This program shall be known as the State Restriction of Appointments (SROA)
					 Program. For the purposes of this article, an excluded employee is: an employee
					 as defined in Government Code section
					 3527(b).
(b) It is the intent of the SROA Program, to
					 the extent that it is administratively feasible, to prevent the layoff and
					 separation of skilled and experienced employees from state service.
(c) The SROA Program assists in placing
					 affected employees by temporarily restricting the methods of appointment
					 available to appointing powers. Employees on SROA lists are granted
					 preferential consideration over all other types of appointments except
					 appointments from reemployment lists and mandatory reinstatements.
1. New
						section filed 8-28-90; operative 9-27-90 (Register 90, No. 42).
2.
						Change without regulatory effect amending section heading, subsection (a) and
						NOTE filed 4-2-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 14).
3. Change without regulatory
						effect amending subsections (a) and (b) and NOTE filed 10-13-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  18502,
						  19815.4(d)
						  and
						  19820,
						  Government Code. Reference: Sections
						  3527(b),
						  19998 and
						  19998.1,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 20.5 - State Restriction of Appointments › Section 599.854.1 - State Restriction of Appointments Program Eligibility - Excluded Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 To participate in the SROA Program the appointing power must first demonstrate
					 to the Department, that for each class requested an employee surplus exists
					 which, unless eliminated, would result in layoffs.
(b) After certification by the Department
					 that the agency's employee surplus cannot be resolved through voluntary
					 transfers, voluntary demotions, reduced worktime or other voluntary means, the
					 Department shall authorize the use of the SROA Program for employees who are
					 facing layoff or demotion in-lieu-of layoff. Employees in the class(es) of
					 layoff will be placed on the SROA lists based on the following criteria:
(1) Employees who may be subject to layoff or
					 demotion-in-lieu of layoff will be considered as eligible for the SROA
					 Program.
(2) Additional employees
					 may be placed on SROA for the class(es) of layoff when the Department
					 determines that their participation in the SROA Program will help to prevent
					 the layoff of other employees.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 20.5 - State Restriction of Appointments › Section 599.854.2 - State Restriction of Appointments Program Lists - Excluded Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Following
					 approval by the Department for participation in the SROA Program, the
					 appointing power may proceed with the enrollment of employees into the
					 program.
(b) The appointing power
					 shall be responsible for informing all affected employees about the SROA
					 Program and how to apply for a SROA listing.
(c) Employee participation in the SROA
					 Program is voluntary.
(d) Employees
					 may not voluntarily place themselves on inactive status once their names are
					 placed active on an SROA listing. However, employees may request that specific
					 classes be removed from their SROA listing, if they do not wish to receive job
					 inquiries for those classes.
(e)
					 SROA eligible employees may exercise an unlimited number of waivers of
					 appointment from SROA lists.
(f)
					 Any employee on an eligible SROA list may be hired regardless of where they are
					 placed on the list.
(g) Appointing
					 powers that may be attempting to fill vacant limited-term positions that are
					 projected for nine months or longer, will be required to use the SROA lists.
					 Eligibles should be informed during the initial contact that the vacancy is
					 being filled on a limited-term basis and the anticipated length of the
					 assignment.
(h) Reemployment lists
					 as defined in Government Code sections
					 18534 et
					 seq.; 18903 et seq.; 19997.2 and 19997.11 take precedence over SROA
					 lists.
(i) When an SROA list is
					 established, all appointing powers must make appointments to a restricted class
					 from a SROA list or meet the appointment exemption criteria as listed in
					 section 599.854.4 of these
					 regulations.
1. New
						section filed 8-28-90; operative 9-27-90 (Register 90, No. 42).
2.
						Change without regulatory effect amending subsections (g)-(i) filed 4-2-92
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 14).
Note: Authority cited: Sections
						  18502,
						  19815.4(d)
						  and
						  19820,
						  Government Code. Reference: Sections
						  19998 and
						  19998.1,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 20.5 - State Restriction of Appointments › Section 599.854.3 - Inquiry and Clearance of State Restriction of Appointments Program Lists - Excluded Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 All job interest inquiries to fill a vacant position from an SROA listing
					 should be made in writing. Telephone inquiries may be made if verified in
					 writing.
(b) Employees shall be
					 allowed a reasonable time to respond to inquiries as provided for in State
					 Personnel Board rules 258 and 260, title 2, division 1, chapter 1 of the
					 California Code of Regulations.
(c)
					 A name may be cleared from SROA list for any of the following reasons:
(1) The employee has been hired by another
					 agency.
(2) The employee waives
					 eligibility for appointment.
(3)
					 The employee does not respond to the inquiry.
(4) The employee does not appear for work or
					 an interview as scheduled.
(5) The
					 employee is hired from the SROA certification.
(6) The appointing power requests and is
					 granted an SROA exemption pursuant to section
					 599.855.4 of these
					 regulations.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 20.5 - State Restriction of Appointments › Section 599.854.4 - State Restriction of Appointments Program Exemptions - Excluded Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The following types of appointments are not subject to the SROA Program and
					 require no prior SROA approval, providing the criteria set forth below are met.
(1) The appointment is from a reemployment
					 list.
(2) The appointment is a
					 mandatory reinstatement to the same class, same agency.
(3) The appointment is an intra-agency
					 transfer to the same class.
(4) The
					 appointee is a retired annuitant, pursuant to Government Code section
					 19144.
(5) The appointment is to a full-time
					 position from a reduced worktime position. This applies only to a permanent
					 full-time employee who voluntarily reduced his/her time base under the reduced
					 Worktime Act (Government Code section
					 19996.20
					 et seq.) and is returning to full-time work in the same class in the same
					 agency.
(6) The appointment is a
					 promotion-in-place; there is no true vacant position, there is no change of
					 position, or supervisory/subordinate relationship; and the promotion is clearly
					 identified as typical in cases where the employee has reached the next higher
					 level within a class series. Promotions that do not meet this criterion are
					 subject to the SROA Program.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 20.5 - State Restriction of Appointments › Section 599.855 - Dependent Verification and RE-Verification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this section,
					 "subscriber" means a state employee or state annuitant who is receiving state
					 health benefits through enrollment in a health benefit plan provided by the
					 California Public Employees' Retirement System.
(b) For purposes of this section, "employing
					 office" for state annuitants means the California Public Employees' Retirement
					 System. For state employees, the employing office is the human resources
					 division of the employee's appointing authority.
(c) A subscriber's employing office shall
					 obtain the following documents prior to enrollment and once every three years
					 to verify the eligibility of a spouse or domestic partner to enroll or continue
					 enrollment in a health benefit plan provided by the California Public
					 Employees' Retirement System:
(1) A copy of
					 the marriage certificate or domestic partnership registration filed with the
					 California Secretary of State or a comparable agency in another jurisdiction
					 listing the family member as the domestic partner; and
(2) Proof of current marital or domestic
					 partnership status, as evidenced by either:
(A) A copy of the first page of the
					 subscriber's federal or state income tax return from the previous tax year
					 listing the subscriber and the spouse or domestic partner; or
(B) A combination of other documentation,
					 including but not limited to, a household bill, account statement, or insurance
					 policy listing the name and address of the subscriber and the spouse or
					 domestic partner, or other documents that substantiate the existence of a
					 current marriage or domestic partnership. Household bills and account
					 statements older than 60 calendar days are
					 unacceptable.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 21 - Employer - Employee Relations for Excluded Employees › Section 599.856 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of this article, the following
						definitions apply:
(a) "Excluded
					 Employee" means an employee of the state excluded from or otherwise without
					 exclusive representation under the Ralph C. Dills Act.
(b) "Excluded Employee Organization" means an
					 organization that represents members who are "excluded employees" under
					 Government Code sections
					 3526,
					 3527,
					 3528,
					 3529,
					 3530,
					 3531,
					 3532,
					 3533,
					 3534,
					 3535,
					 3536,
					 3537,
					 3538 and
					 3539.
(c) "Supervisory Organization" means an
					 organization that represents members who are supervisory employees under
					 Government Code sections
					 3513(g),
					 3527(e),
					 3529,
					 3530,
					 3531,
					 3532,
					 3533,
					 3534,
					 3535 and
					 3538.
1. New
						article 21 (sections
						599.856-599.858) filed 6-28-84;
						designated effective 7-1-84 pursuant to Government Code section
						11346.2(d)
						(Register 84, No. 26).
2. Change without regulatory effect amending
						section and NOTE filed 7-17-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 29).
3. Change without regulatory
						effect amending section and NOTE filed 10-13-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  3536,
						  3535,
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Sections
						  3513(a),
						  3513(c),
						  3513(g),
						  3530,
						  3513(b)
						  and
						  3527(b),
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 21 - Employer - Employee Relations for Excluded Employees › Section 599.857 - Registration of Supervisory and Excluded Employee Organizations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Supervisory organizations and excluded employee
						organizations shall submit an annual registration statement on or before July 1
						of each calendar year to the Department. The registration statement shall at
						least list the name of the organization, affiliations, headquarters and other
						business addresses, principal business telephone number, a list of principal
						officers and representatives, and a copy of its organization
						by-laws.
1. Change
						without regulatory effect amending section and NOTE filed 7-17-92 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 92, No. 29).
2. Change without regulatory
						effect amending section and NOTE filed 10-13-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  3537,
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Sections
						  3532(b),
						  3535 and
						  3537,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 21 - Employer - Employee Relations for Excluded Employees › Section 599.858 - Standards and Procedures - Excluded Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An excluded employee is defined in section
						599.615(b) of
						these regulations.
(a) A state
					 employee who is an official representative of a supervisory or excluded
					 employee organization and is recognized by the Department, may use a reasonable
					 amount of state time, as approved by the Department and the appointing power,
					 for conferring with management on employment relations matters.
(b) During assigned working hours excluded
					 employees shall not conduct or participate in supervisory or excluded employee
					 organization business affairs including, but not limited to, meetings, dues
					 collection, and membership campaigns.
(c) Reasonable access to work locations shall
					 be provided to officers and representatives of supervisory organizations and
					 excluded employee organizations. Access shall not interfere with state business
					 or safety or security requirements. Officers and representatives of such
					 organizations shall not enter a work location without the consent of an agency
					 representative.
(d) Bulletin boards
					 where they exist may be made available to supervisory or excluded employee
					 organizations. Agency management may require its prior approval before material
					 is posted.
1. Change
						without regulatory effect amending section heading, subsections (a) and (b) and
						NOTE filed 7-17-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 29).
2. Change without regulatory
						effect amending section and NOTE filed 10-13-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  3535,
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Sections
						  3530 and
						  3535,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 21 - Employer - Employee Relations for Excluded Employees › Section 599.859 - Grievance and Appeal Procedure - Excluded Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this section an excluded employee is
						defined in Government Code section
						3527(b).
(a) The purpose of grievance and appeal
					 procedures is to provide for the prompt review and resolution of issues either
					 formally or informally at the lowest possible level.
(b) Definitions.
(1) "Grievance." A grievance is a dispute of
					 one or more excluded employees involving the application or interpretation of a
					 statute, regulation, policy or practice that falls under the jurisdiction of
					 the Department.
(2) "Non-Merit
					 Statutory Appeal." A non-merit, statutory appeal is: an appeal of transfer in
					 accordance with Government Code sections
					 19994.2,
					 19994.3
					 and
					 19994.4; a
					 petition to set aside resignation in accordance with section
					 19996.1; an appeal for
					 reinstatement after automatic resignation (AWOL) in accordance with Government
					 Code section
					 19996.2;
					 or an appeal of layoff in accordance with Government Code section
					 19997.14.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 21 - Employer - Employee Relations for Excluded Employees › Section 599.860 - Pay Parity Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A pay parity hearing is the Department's procedure for
						addressing excluded employee or employee representative requests for salary
						range adjustments under Government Code section
						19826 and
						the principle that "like salaries shall be paid for comparable duties and
						responsibilities." A pay parity hearing is quasi-legislative in nature, and
						shall be conducted as follows:
(a)
					 Requesting a Pay Parity Hearing
(1) A request
					 for pay parity hearing must be submitted in writing to the Director, and must
					 identify the classifications at issue.
(2) The Director shall respond to the request
					 within 30 days.
(3) If a request
					 for hearing is granted, the Director will designate a hearing officer to hear
					 the claim and a Department designee to participate in the
					 hearing.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 21.1 - Bona Fide Associations › Section 599.866 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of this article, the following definition
						shall be controlling:
(a) "Bona Fide
					 Association" means an organization of employees and former employees of the
					 state including affirmative action advocacy groups and professional
					 organizations that do not have as one of their purposes the representing of
					 employees in their relations with the state.
1. New
						Article 21.1 (Sections
						599.866-599.868) filed 6-28-84;
						designated effective 7-1-84 pursuant to Government Code Section
						11346.2(d)
						(Register 84, No. 26).
2. Editorial correction of Reference cite
						(Register 95, No. 5).
3. Change without regulatory effect amending
						section and NOTE filed 10-13-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  3520.7(a),
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Sections
						  1150(d)
						  and
						  3520.7(a),
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 21.1 - Bona Fide Associations › Section 599.867 - Registration of Bona Fide Associations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each bona fide association shall submit an annual
						registration statement on or about July 1 of each calendar year in a form
						prescribed by the Department.
(a) The
					 registration statement shall include the following information: name of bona
					 fide association, headquarter's address, telephone number, list of principal
					 officers and their mailing addresses.
(b) The registration statement shall also
					 include a written certification that the bona fide association is observing the
					 following practices before submitting a request for registration:
(1) the purpose of the association is not to
					 represent state employees on matters within the scope of representation;
					 and
(2) the association does not
					 have an affiliation with an employee organization or a recognized employee
					 organization; and
(3) the
					 association is not acting as an employee organization by filing unfair labor
					 practice charges or competing to be an exclusive bargaining agent in unit
					 certification elections.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 21.1 - Bona Fide Associations › Section 599.868 - Removal of Bona Fide Association Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The registration of a bona fide association may be
						removed by the Department for the following reasons:
(a) Substantiation by the Department that the
					 bona fide association has represented an employee in his or her employer --
					 employee relations with the state, or is affiliated with an employee
					 organization.
(b) Failure of the
					 bona fide association to provide the annual registration statement.
(c) Substantiation by the State Controller
					 that the bona fide association has interfered or failed to cooperate in an
					 employee's request to decline membership or payroll dues deduction.
1.
						Editorial correction of subsection (c) (Register 95, No. 40).
2.
						Change without regulatory effect amending first paragraph and subsection (a)
						and NOTE filed 10-13-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  3520.7,
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Sections
						  1153(a)
						  and
						  3520.7,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 21.5 - Employee Activities › Section 599.870 - Incompatible Activities Statements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To develop or revise an incompatible
					 activities statement the appointing power shall:
(1) Publish the proposed statement or
					 revision and a supporting statement of rationale for review and written comment
					 by affected employees for at least 30 calendar days. The appointing power shall
					 use a manner of publication that reasonably and likely assures the opportunity
					 for affected employees to be informed of the proposed statement or revision.
					 The published notice shall indicate how and by when comments are to be
					 submitted.
(2) Respond in writing
					 to concerns expressed by affected employees and their representatives about the
					 statement during the review period by either making changes to the statement
					 that are responsive to their concerns or informing them why such changes are
					 not being made.
(3) File with the
					 Department for approval a copy of the statement, the statement of rationale, a
					 summary of the process followed in developing or revising the statement, a
					 summary of the written comments received from employees and their
					 representatives and the appointing power's response to the
					 comments.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 22 - Duration Service › Section 599.873 - Conditions of Employment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise provided in this article, the
						regulations governing the conditions of employment of employees in regular
						appointments shall govern the conditions of employment of duration employees.
						Such conditions of employment shall include the counting of service under
						duration appointment as regular service in the computation of seniority points
						and in determining eligibility for salary adjustment, sick leave, and
						vacation.
1. New
						section filed 2-9-84; effective thirtieth day thereafter (Register 84, No. 8).
						For history of Article 22, see Register 83, No. 37.
2. New section
						refiled 2-27-84 to correct inadvertent omission of text from 2-9-84 order;
						designated effective 3-10-84 (Register 84, No. 8).
3. Editorial
						correction of HISTORY NOTE No. 2 filed 3-9-84 (Register 84, No.
						12).
4. Change without regulatory effect amending section and NOTE
						filed 10-13-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Sections
						  19200 and
						  19815.4(d),
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 22 - Duration Service › Section 599.874 - Reports of Performance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Probationary and annual reports of performance shall be
						filed for duration employees in the same manner and at the same time as is
						required for regular employees.
1. New
						Article 22 (Sections
						599.874-599.877, not consecutive)
						filed 9-6-83; effective thirtieth day thereafter (Register 83, No.
						37).
CROSS REFERENCE: See Title 2, Division 1, Chapter 1, Subchapter
						1, Sections
						501-510.
2. Change
						without regulatory effect amending NOTE filed 10-13-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Section
						  19172,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 22 - Duration Service › Section 599.876 - Layoff

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The order and procedure of layoff of duration employees
						shall be the same as is prescribed for regular employees, except that no
						regular limited-term employee, regular probationer, or regular permanent
						employee in the class in the layoff unit shall be laid off while a duration
						employee is retained in the same class and layoff unit. Only the names of
						duration employees shall be placed on duration re-employment
						lists.
1. Change
						without regulatory effect amending NOTE filed 10-13-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Section
						  19200,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 22 - Duration Service › Section 599.877 - Leave of Absence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise provided in these regulations, the
						regulations governing leaves of absence for regular employees shall govern
						leaves of absence for duration employees. On the date duration appointments are
						terminated, the right of a person on leave from a duration appointment to be
						reinstated to his/her duration appointment shall terminate also. Upon such
						termination, an employee who had permanent or probationary status in a regular
						position immediately preceding his/her duration employment, shall be granted
						such leave of absence rights as he/she would still retain if the leave had been
						from the position previously held under permanent
						appointment.
1. Change
						without regulatory effect amending NOTE filed 10-13-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Section
						  19200,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 23 - General Provisions › Section 599.880 - Citation of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each section of these regulations is a section of the
						Department and may be cited as such. Thus, this section, whether appearing in
						the California Code of Regulations or elsewhere, may be cited as "California
						Code of Regulations, title 2, section
						599.880" or "Cal. Code Regs.,
						tit.2, §
											599.880."
1. New
						Article 23 (Sections
						599.880-599.883) filed 9-6-83;
						effective thirtieth day thereafter (Register 83, No. 37).
CROSS
						REFERENCE: See Title 2, Division 1, Chapter 1, Subchapter 1, Sections
						21-24.
2. Change without
						regulatory effect amending section heading, section and NOTE filed 10-13-2014
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Section
						  19815.4(d),
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 23 - General Provisions › Section 599.881 - Effect of Headings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Article and section headings contained herein shall not
						be deemed to govern, limit, modify or in any manner affect the scope, meaning,
						or intent of the provisions of any article or section hereof.
1. Change
						without regulatory effect amending NOTE filed 10-13-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Section
						  19815.4(d),
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 23 - General Provisions › Section 599.882 - Continuing Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of these regulations, insofar as they are
						substantially the same as regulations of the State Personnel Board superseded
						hereby and relating to the same subject matter, shall be construed as
						restatements and continuations and not as new enactments. Rights, privileges,
						and remedies accrued under any regulations superseded by these regulations are
						continued in full force and effect unless abolished by some contrary provision
						herein.
1. Change
						without regulatory effect amending NOTE filed 10-13-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Section
						  19815.4(d),
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 23 - General Provisions › Section 599.883 - Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order that the work of the Department may be
						expedited, the appointing power of every state agency shall file with the
						Department such reports as the Department may require. Reports shall be
						submitted on such forms and filed at such times as may be prescribed by the
						Department.
1. Change
						without regulatory effect amending section and NOTE filed 10-13-2014 pursuant
						to section 100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Section
						  19815.4(a) and
						  (b), Government
						  Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 24 - Administration › Section 599.888 - Notice of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever notice of hearing is required to be given of
						matters to be heard or considered by the Department and a different method is
						not provided, the Department shall cause a notice to be posted at the office of
						the Department at Sacramento at least six (6) days before the date of hearing
						giving the nature of the matter and giving notice that all persons interested
						may appear, at a time and place mentioned in the notice, in support or in
						opposition to the matter. In cases of emergency the Department may shorten the
						period of notice to not less than three (3) days.
1. New
						Article 24 (Section
						599.888) filed 9-6-83; effective
						thirtieth day thereafter (Register 83, No. 37).
CROSS REFERENCE: See
						Title 2, Division 1, Chapter 1, Subchapter 1, Section
						34.5.
2. Change without
						regulatory effect amending section and NOTE filed 10-13-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Section
						  18575,
						  Government Code.