reglab/statecodes huggingface dataset:
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6 - Personnel › Section 8114 - Legal Matters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employee who is subpoenaed to testify before a court or other tribunal in connection with a matter, event, or transaction of which the employee gained knowledge during the course of their duties must notify CALPIA's General Counsel, Legal Services in writing within one business day. The written notification must include all relevant information concerning the contact, copy of any subpoena, and a summary of their anticipated testimony.
(b) No employee will consult or testify as a specialist or an expert witness, based on expertise gained in the course of his or her duties, in an administrative, civil, or criminal action without giving reasonable notice, as defined in subdivision (a), to the CALPIA General Counsel.
(1) An employee who is contacted for the purpose of eliciting expert testimony, as defined in Evidence Code Section  720, must notify CALPIA's General Counsel, Legal Services in writing within one business day. The written notification must include all relevant information concerning the contact, a copy of any subpoena, and a summary of his or her anticipated testimony.
(2) CALPIA's General Counsel or his or her designee retains the discretion to seek to quash the subpoena on substantive or procedural grounds before the judicial body through whose authority the subpoena was issued.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6 - Personnel › Section 8115 - Familiarity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of this section,
				  "familiarity" means engaging in conversation or any type of communication that
				  includes personal topics.
(b) With
				  exception to section 8116, employees must not engage in familiarity with
				  incarcerated individuals or paroled individuals.
(c) For work related purposes, an employee may
				  converse with incarcerated individuals; conversations must be limited to work
				  related topics only.
Note: Authority cited: Sections 2801 and 2809, Penal Code.
						Reference: Sections 2801 and 2809, Penal Code.
Note: Authority cited: Sections
						2801 and
						2809, Penal
						Code. Reference: Sections
						2801 and
						2809, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6 - Personnel › Section 8116 - Employee Relations with Incarcerated and Paroled Family Members

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employee may conduct a
				  relationship with an incarcerated individual when the following conditions exist:
(1) The incarcerated individual or paroled
				  individual is the employee's family member, as defined in section 8000;
(2) Interactions are conducted during the
				  employee's off-duty hours and away from the workplace; and
(3) The employee has notified their supervisor in
				  writing of these relationships, as described in section 8116.1.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6 - Personnel › Section 8116.1 - Disclosure of Known Incarcerated Individuals and Paroled Individuals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purpose of this section,
				  "any person known by an employee" includes:
(1)
				  Family members, as defined in Section 8000;
(2) Current or past co-workers, clients, business
				  partners, or anyone an employee works with or has worked with in a business setting;
				  or
(3) Current or past neighbors,
				  friends, associates, or companions.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6 - Personnel › Section 8117 - Employee Transactions with Incarcerated Individuals and Paroled Individuals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in Sections 8116, 8119, subdivisions (a) and (c), and 8119.1, employees must not engage in the
				  following transactions with an incarcerated or paroled individual, or an individual
				  who is under the jurisdiction of CDCR:
(1) Directly
				  or indirectly trade, barter, lend, give, promise to give, or otherwise engage in
				  transactions;
(2) Convey or transmit any
				  type of message; and
(3) Accept or
				  deliver any unauthorized items.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6 - Personnel › Section 8118 - Sexual Misconduct with Incarcerated Individuals and Paroled Individuals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Sexual Misconduct. For the purposes of this section, "sexual misconduct" means sexual behavior by a non-incarcerated individual who is on prison grounds on behalf of CALPIA that involves or is directed toward an incarcerated individual or paroled individual.
(b) All sexual behavior between an employee and an incarcerated individual or paroled individual constitutes sexual misconduct and must subject the employee to disciplinary action.
(c) Any person engaging in sexual misconduct may be subject to possible prosecution under the law.
(d) Sexual misconduct includes, but is not limited to:
(1) Influencing or offering to influence an incarcerated individual or paroled individual's safety, custody, housing, privileges, work detail, parole conditions or programming, or offering goods or services, in exchange for sexual favors;
(2) Threatening an incarcerated individual or paroled individual's safety, custody, housing, privileges, work detail, parole conditions or programming because the incarcerated individual or paroled individual has refused to engage in sexual behavior;
(3) Invading privacy beyond that reasonably necessary to maintain safety and security;
(4) Disrespectful or sexually threatening comments directed to, or within the hearing of, an incarcerated individual or paroled individual or
(5) Engaging in sexual act(s) or contact, including:
(A) Sexual intercourse;
(B) Sodomy;
(C) Oral copulation;
(D) Penetration of genital or anal openings by a foreign object, substance, instrument or device for the purpose of sexual arousal, gratification, or manipulation; and
(E) Rubbing or touching of the breasts or sexual organs of another or of oneself, in the presence of and with the knowledge of another, for the purpose of sexual arousal, gratification, or manipulation.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6 - Personnel › Section 8119 - Hiring of Previously Incarcerated or Paroled Individuals at CALPIA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The General Manager's written approval is required to offer employment at
				  CALPIA to a previously incarcerated or paroled individual.
(b) Previously incarcerated or paroled
				  individuals employed at CALPIA must not, without the General Manager's written
				  approval, be assigned to areas that enable them to access:
(1) Employee records.
(2) Incarcerated individual personal or
				  medical information.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6 - Personnel › Section 8119.1 - Approval of Previously Incarcerated or Paroled Individual Employee Transactions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Relationships involving business or financial transactions
					 between employees and persons previously incarcerated or paroled require the
					 advance approval of the General Manager.
1. New
					 section filed 5-26-2015; operative 7-1-2015 (Register 2015, No.
					 22).
2. Change without regulatory effect amending section heading
					 and section filed 7-27-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 31).
3. Change without regulatory
					 effect amending section filed 2-11-2022 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2022, No. 6).
Note: Authority cited: Sections
						2801 and
						2809, Penal
						Code. Reference: Sections
						2801 and
						2809, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6 - Personnel › Section 8120 - Personal Information Record Access and Amendment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Persons for whom CALPIA maintains a record containing personal information have
				  the right to inspect their records, or authorize someone to inspect their
				  records on their behalf, and to request amendment to correct outdated,
				  inaccurate, or incomplete information.
(1)
				  Requests to inspect a record must be submitted in writing to CALPIA Human
				  Resources.
(2) Requests to amend a
				  record must be submitted in writing to CALPIA Human Resources and include
				  documentary evidence to support the requested amendment.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6 - Personnel › Section 8121 - Address and Telephone

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  For the purposes of this section, "primary contact address" means an address
				  where mail and other informational documents can be received.
(b) Employees must report their primary
				  contact address and telephone number to their supervisor and to Human Resources
				  at Central Office in all of the following events:
(1) upon being hired at CALPIA; and
(2) when a change in primary contact address
				  or telephone number occurs; and
(3)
				  on an annual basis upon request.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6 - Personnel › Section 8122 - Employee Prohibition on Use of Nonpublic Information at Auctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An employee must not engage in a financial transaction involving a CALPIA
				  auction using nonpublic information, nor allow the improper use of nonpublic
				  information to further that employee's own private interest or that of another,
				  whether through advice or recommendation, or by knowing unauthorized
				  disclosure.
(b) For purposes of
				  this section, nonpublic information is information that the employee gains by
				  reason of state employment and that this employee knows or reasonably should
				  know has not been made available to the general public. It includes information
				  that this employee knows or reasonably should know:
(1) Is routinely exempt from disclosure under
				  the California Public Records Act §
											6250 et seq., or otherwise
				  protected from disclosure by statute, Executive order or regulation;
(2) Is designated as confidential by an
				  agency; or
(3) Has not actually
				  been disseminated to the general public and is not authorized to be made
				  available to the public on request.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6 - Personnel › Section 8198 - Incompatible Activity. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former section
					 8113 to new section
					 8198 filed 9-1-2015 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2015, No. 36).
2. Relocation of article 9
					 heading from preceding section
					 8198 to precede section
					 8298 and renumbering of former
					 section 8198 to section
					 8298 filed 11-13-2018; operative
					 1-1-2019 (Register 2018, No. 46).
Note: Authority cited: Sections
						2801 and
						2809, Penal
						Code. Reference: Sections
						2801 and
						2809, Penal
						Code; and Section
						19990,
						Government Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6 - Personnel › Section 8199 - Conflict of Interest Code. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect adding new article 9 (section
					 8199) and renumbering former
					 section 8125 to new section
					 8199 filed 12-4-2014 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2014, No. 49).
2. Amendment of appendices A
					 and B filed 9-28-2015; operative 10-28-2015 pursuant to Cal. Code Regs., tit.
					 2, section
					 18750(l).
					 Approved by Fair Political Practices Commission 9-9-2015 and submitted to OAL
					 for filing and printing only pursuant to Cal. Code Regs., tit. 2, section
					 18750(k)
					 (Register 2015, No. 40).
3. Amendment of Appendix A filed
					 12-12-2017; operative 1-11-2018 pursuant to Cal. Code Regs., tit. 2, section
					 18750(l).
					 Approved by Fair Political Practices Commission 11-17-2017 and submitted to OAL
					 for filing and printing only pursuant to Cal. Code Regs., tit. 2, section
					 18750(k)
					 (Register 2017, No. 50).
4. Renumbering of former section
					 8199 to section
					 8299 filed 11-13-2018; operative
					 1-1-2019 (Register 2018, No. 46).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6.1 - Personnel Substance Abuse Testing › Section 8200 - Personnel Testing Program Purpose and Goals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The purpose of CALPIA's testing program is to ensure CALPIA workplaces are safe
				  and free from the adverse effects of drug, alcohol and substances that impair
				  work performance and work safety. CALPIA's testing program also provides
				  information regarding the administration of the testing program for the purpose
				  of clarity, uniformity, and fundamental fairness within CALPIA.
(b) The goals of CALPIA's testing program
				  include addressing drug, alcohol and substance use in CALPIA's workplace,
				  promoting a safe drug, alcohol, and substance use-free workplace environment,
				  and reducing and eliminating disruptions and disciplinary problems due to
				  substance use.
1. New
					 article 6.1 (sections
					 8200-8215) and section filed
					 11-13-2018; operative 1-1-2019 (Register 2018, No. 46).
2. Change
					 without regulatory effect amending section heading and NOTE filed 7-27-2021
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 31).
Note: Authority cited: Sections
						2801 and
						2809, Penal
						Code; and Section
						19572,
						Government Code. Reference: Sections
						2801 and
						2809, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6.1 - Personnel Substance Abuse Testing › Section 8201 - Personnel Testing and Prohibitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Employees in designated sensitive positions are subject to drug, alcohol and
				  substance use testing. CALPIA explicitly prohibits the use, possession,
				  solicitation for, or sale of narcotics or other illegal drugs, alcohol,
				  prescription medication and prohibited substances and substances adversely
				  affecting work performance and workplace safety, on CALPIA property or
				  worksite, including California Department of Corrections and Rehabilitation
				  (CDCR) properties, facilities, locations and worksites or while performing an
				  assignment, on duty or during assigned work hours.
(b) Employees must not report for duty while
				  under the influence.
(c) Employees
				  must report the presence of an employee who may be under the influence to the
				  CALPIA Administrator, manager or supervisor.
(d) Employees and visitors of CALPIA are
				  prohibited from bringing the following items to workplaces or onto institution
				  grounds:
(1) Alcoholic beverages;
(2) Drugs or substances deemed illegal by
				  operation of the law; or
(3)
				  Controlled substances or prescription drugs without a valid
				  prescription.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6.1 - Personnel Substance Abuse Testing › Section 8202 - Testing Events

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
CALPIA may conduct drug, alcohol and substance testing for
					 employees appointed to designated sensitive positions under the following
					 circumstances:
(a)
				  Pre-employment.
(b) Reasonable
				  Suspicion: CALPIA will conduct reasonable suspicion drug testing when there is
				  reasonable cause to suspect an employee appointed to a designated sensitive
				  position of use of a prohibited substance or impairment due to the use of
				  drugs, alcohol or impairing substances.
(c) Post-Accident: An employee appointed to a
				  designated sensitive position involved in an on-the-job accident or injury
				  exhibiting factors giving rise to reasonable suspicion of the use or influence
				  of drugs or alcohol in the accident or injury event may be required to submit
				  to a drug and/or alcohol test. Involved in an on-the-job accident or injury
				  includes not only the one who was or could have been injured, but also any
				  employee who potentially contributed to the accident or injury event in any
				  way.
(d) Return-to-duty for
				  commercial drivers pursuant to 49 CFR Part 40.
(e) Follow-up on previous testing which is an
				  unannounced test for employees undergoing counseling or rehabilitation for
				  drugs, alcohol and substance use.
(f) Random tests for commercial
				  drivers.
1. New
					 section filed 11-13-2018; operative 1-1-2019 (Register 2018, No. 46).
Note: Authority cited: Sections
						2801 and
						2809, Penal
						Code; and Sections
						11349(e)
						and
						19572,
						Government Code. Reference: Sections
						2801 and
						2809, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6.1 - Personnel Substance Abuse Testing › Section 8204 - Testing Methods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Testing Standards. Substance testing is conducted in accordance with standards
				  established by the Substance Abuse and Mental Health Service (SAMHSA), the
				  Federal Motor Carrier Safety Administration (FMCSA). Alcohol testing is
				  conducted using an evidential breath testing device and the method of
				  determining the presence of a drug or substances is by collection and analysis
				  of a urine sample. Employees may elect to provide a blood sample for either
				  drug or alcohol testing.
(b)
				  Screening and confirmatory tests for detection of drugs and substances.
(1) For the purpose of testing, an initial
				  screening test known as an immunoassay is performed. The screening test is used
				  to eliminate negative urine specimens from further consideration and to
				  identify the presumptively positive specimens that require confirmation or
				  further testing.
(2) For the
				  purpose of testing, all specimens identified as positive on the initial test
				  are confirmed positive by gas chromatography/mass spectrometry (GC/MS) before a
				  positive result can be reported.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6.1 - Personnel Substance Abuse Testing › Section 8205 - Reasonable Suspicion Testing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An employee may be tested when there is a reasonable suspicion that the
				  employee may have engaged in drug, alcohol or substance use or appears by
				  observable subjective factors to be impaired. The determination that reasonable
				  suspicion exists must be based on specific, contemporaneous, articulable
				  observations (seen, heard or smelled) concerning the appearance, behavior,
				  speech or body odors of the employee. Testing is not based on conjecture or
				  assumption, a feeling or guess based on intuition rather than known facts, or
				  solely on the report of others.
(b)
				  Reasonable belief for employee drug testing observed facts and behaviors may
				  include:
(1) Observable phenomena such as
				  direct observation of drug or alcohol use, possession, or physical symptoms of
				  being under the influence.
(2) A
				  pattern of abnormal conduct or erratic behavior.
(3) Arrest or conviction for a drug-related
				  offense, or the identification of an employee as the subject of a criminal
				  investigation into illegal drug possession, use or trafficking.
(4) Information provided by a third party
				  independently corroborated.
(5)
				  Newly discovered evidence the employee tampered with a previous drug
				  test.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6.1 - Personnel Substance Abuse Testing › Section 8206 - Notifications to Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  CALPIA will provide notice to employees describing the grounds for testing, a
				  list of drugs which may be tested, the consequences of refusing to submit to a
				  test, and the retest procedure for challenging test results. The notice may be
				  distributed via email, U.S. mail, and on-site by posting.
(b) CALPIA may provide position notification
				  to employees whose positions are subject to testing.
(c) CALPIA will give notice to employees
				  subject to testing on the same day of the scheduled testing prior to the test
				  that explains the factual basis, including observable facts, documents,
				  records, evidence and information used as grounds for reasonable suspicion
				  testing and procedures.
(d) If an
				  employee admits to being under the influence of drugs, alcohol or substances
				  this admission will be treated a positive test result.
(e) Employees will acknowledge receipt of and
				  understanding of CALPIA's testing program, which acknowledgement may be through
				  electronic signature, hardcopy signature, email confirmation receipt confirmed,
				  and completion of CALPIA's drug testing employee training.
1. New
					 section filed 11-13-2018; operative 1-1-2019 (Register 2018, No. 46).
Note: Authority cited: Sections
						2801 and
						2809, Penal
						Code; and Sections
						11349(e)
						and
						19572,
						Government Code. Reference: Sections
						2801 and
						2809.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6.1 - Personnel Substance Abuse Testing › Section 8208 - Specimen Collection for Drug and Substance Testing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Methods of determining the presence of a drug or other impairing substance are
				  by collection and analysis of urine sample. The employee must provide a urine
				  specimen into a collection container. The collection site personnel, in the
				  presence of the employee, puts the specimen into two bottles. Thirty (30)
				  milliliters (ml) must be poured into one bottle, to be used as a primary sample
				  (bottle A). At least 15 ml must be poured into the other bottle (bottle B), to
				  be used as the split sample. Bottle B is stored at the testing laboratory
				  rather than at the collection site. Both specimens are labeled with the same
				  identification information and specimen ID (bar code) number. After a specimen
				  is provided, the bottles do not leave the employee's sight until they are
				  completely and correctly labeled and sealed in a tamper-proof bag for delivery
				  to the laboratory.
(b) Once the
				  urine specimen has been collected, and still in view of the employee, the
				  collector will legibly label the urine specimen entering all the information to
				  identify the specimen on the bottle, to include, and not limited to date,
				  collector's initials, test type requested, a specimen number, identifier of
				  person providing urine, i.e., medical record number, or other individualized
				  number (driver's license, social security number, employee position number),
				  employee's birthdate on specimen label, employee's signature, with employee
				  signed date and time on specimen label.
(c) Unless there is reason to suspect
				  tampering during the test, the test occurs in a rest room, stall, or enclosure
				  ensure privacy. When there is reasonable suspicion the individual may tamper
				  with the specimen, CALPIA may specify that an observed collection is
				  required.
1. New
					 section filed 11-13-2018; operative 1-1-2019 (Register 2018, No.
					 46).
2. Change without regulatory effect amending subsection (a)
					 filed 2-11-2022 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2022, No. 6).
Note: Authority cited: Sections
						2801 and
						2809, Penal
						Code; and Sections
						11349(e)
						and
						19572,
						Government Code. Reference: Sections
						2801 and
						2809, Penal
						Code; 49 CFR Part 40 (2017); and Sections
						56 et seq., Civil Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6.1 - Personnel Substance Abuse Testing › Section 8209 - Test Results

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Negative test results. For the purpose of CALPIA's testing, a negative test
				  result is one that does not indicate the presence of drugs, alcohol or
				  substances in the employee's system or is below the concentration cut-off
				  level.
(b) Positive test results.
				  For the purpose of testing, a positive test result is one that shows evidence
				  of the presence of drugs, alcohol, or substances in the employee's system at or
				  above the concentration cut-off level. For the purpose of testing, an employee
				  is considered to have a positive test result if employee:
(1) refuses to submit to a urine test or
				  fails to comply with breath sample testing;
(2) impedes the testing process; or
(3) tampers with their own specimen. A
				  refusal to submit means to decline, deny, reject, or resist a drug or alcohol
				  test including:
(1) Fails to appear for any
				  test within a reasonable time.
(2)
				  Fails to remain at the testing site until the testing is complete.
(3) Fails to provide a urine specimen for any
				  required drug test.
(4) In the case
				  of a directly observed collection, fails to permit the observation.
(5) Fails to provide a sufficient amount of
				  urine when directed and it has been determined through a required medical
				  evaluation that there was no adequate medical explanation for the
				  failure.
(6) Fails or declines to
				  take a second test as directed by the employer or collector.
(7) Fails to undergo a medical examination or
				  evaluation for verification.
(8)
				  For an observed collection, fails to follow the instructions to determine if
				  the employee has any type of prosthetic or other device that could be used to
				  interfere with the collection process.
(9) Admits to the collector having
				  adulterated or substituted the specimen.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6.1 - Personnel Substance Abuse Testing › Section 8210 - Split Sample Testing Option

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In the event of a positive test result, the MRO will inform the employee by
				  telephone or in-person, by written notice via U.S. Mail, and if available,
				  email, of the employee's option to request an analysis of the split sample
				  (Bottle B). In making this notification for a split sample testing option, the
				  MRO informs the employee of the option to test the split sample at another
				  SAMHSA certified laboratory for test confirmation and the seventy-two (72)
				  hours deadline to make this request from the actual receipt of notification by
				  the MRO of the initial positive test result.
(b) The MRO will provide the employee with a
				  telephone number, facsimile, email, and physical and mailing address to which
				  the employee make this request for split sample testing. The MRO shall provide
				  this information personally to the employee in-person or by telephone (may not
				  be left as a message), and in writing, by U.S. mail and by email if possible
				  and if requested by the employee. The MRO may extend the seventy-two (72) hour
				  request time period for the employee to request split sample testing. In the
				  event the testing of the split sample (Bottle B) fails to reconfirm the result
				  reported by the laboratory that tested the original sample (Bottle A), both
				  tests are cancelled. An employee's request may be oral or in writing.
(c) After the employee requests a split
				  sample retest or conducting a confirmatory test, the MRO will cause the retest
				  of an aliquot of a single specimen, or testing Bottle B of a split specimen at
				  a second laboratory. Upon receiving results from the second laboratory, the MR
				  will provide them to the employee without delay.
(d) The MRO will conduct all testing
				  consistent with medical standards, the SAMSHA Medical Review Officer Guidance
				  Manual -- 2017, issued by the SAMSHA, SAMSHA testing guidelines, and 49 CFR
				  Part 40.
(e) If an employee
				  requests that Bottle B be tested or that an aliquot of a single specimen be
				  retested, and either Bottle B or the single specimen are not available due to
				  circumstances outside of the employee's control, the MRO shall cancel the test
				  and inform CALPIA that another collection is required.
1. New
					 section filed 11-13-2018; operative 1-1-2019 (Register 2018, No. 46).
Note: Authority cited: Sections
						2801 and
						2809, Penal
						Code; and Sections
						11349(e)
						and
						19572,
						Government Code. Reference: Sections
						2801 and
						2809.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6.1 - Personnel Substance Abuse Testing › Section 8211 - Employee Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The time required for employee testing is State work time.
(b) An employee may request a hearing with
				  CALPIA to contest the requirement to test, the accuracy of the test or
				  personnel decisions based on the test. An employee may submit a written
				  objection to CALPIA to contest the requirement to test, the accuracy of the
				  test, or personnel decisions based on the test. A request for hearing or
				  written objection must be submitted to CALPIA, Legal Unit, 560 E. Natoma St.,
				  Folsom, CA 95630; telephone: 916-358-1711; email: legal@calpia.ca.gov;
				  facsimile: (916) 358-2709, Attention: Legal Office. CALPIA will provide a
				  response to the request for hearing or written objection or both, within twenty
				  (20) business days.
(c) An employee
				  selected for testing may obtain deferral of testing if necessary on the grounds
				  that the employee is:
(1) In a leave status
				  (sick, annual, administrative, FMLA, medical leave, or leave without
				  pay).
(2) In official travel status
				  away from the test site or is about to embark on official travel scheduled
				  before testing notification.
(3)
				  Other good cause grounds.
An employee whose testing is deferred is subject to an
					 unannounced test in the immediate reasonable future.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6.1 - Personnel Substance Abuse Testing › Section 8212 - Testing Confidentiality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Records, documents and other information pertaining to an employee's test is
				  confidential and must be released only to:
(1)
				  The employee tested.
(2) The
				  Medical Review Officer (MRO).
(3)
				  Individuals who need the records or information to:
(i) Determine or assist in determining what
				  action the Hiring or Appointing Authority should take in response to the test
				  result.
(ii) Respond to appeals or
				  litigation arising from the substance test or related action.
(iii) Upon request of a governmental agency
				  with regulatory authority over CALPIA.
(iv) Upon written consent by the employee
				  authorizing the release to a specified
				  individual.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6.1 - Personnel Substance Abuse Testing › Section 8213 - Non-Discrimination in Testing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An employee or job applicant who is currently engaging in the use of drugs,
				  alcohol or impairing substances is not a qualified individual with a
				  disability. The term "
currently engaging"
applies to the
				  illegal use of drugs that has occurred recently enough to indicate that the
				  individual is actively engaged in such conduct.
(b) CALPIA may seek reasonable assurances
				  that no use of drugs, alcohol, or impairing substances is occurring or has
				  occurred recently enough so that continuing use is a real and ongoing problem
				  by asking applicants or employees to provide evidence, such as test results, to
				  show that the individual is not currently engaging in the use of drugs,
				  alcohol, and impairing substances.
1. New
					 section filed 11-13-2018; operative 1-1-2019 (Register 2018, No. 46).
Note: Authority cited: Sections
						2801 and
						2809, Penal
						Code; and Sections
						11349(e)
						and
						19572,
						Government Code. Reference: Sections
						2801 and
						2809, Penal
						Code; Sections
						12940-
						12957,
						Government Code; 42 U.S.C.
						§
													12112(a);
						29 C.F.R. §
													1630.3 (1996); and 29 C.F.R. appen. to pt.
						1630.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6.1 - Personnel Substance Abuse Testing › Section 8214 - Disciplinary Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All confirmed positive test results must be cause for
					 discipline, up to and including, termination from civil service.
1. New
					 section filed 11-13-2018; operative 1-1-2019 (Register 2018, No.
					 46).
2. Change without regulatory effect amending section filed
					 2-11-2022 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2022, No. 6).
Note: Authority cited: Sections
						2801 and
						2809, Penal
						Code; and Sections
						11349(e)
						and
						19572,
						Government Code. Reference: Sections
						2801 and
						2809, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6.1 - Personnel Substance Abuse Testing › Section 8215 - Commercial Driver Required Testing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Employees who operate a commercial vehicle are subject to Federal Department of
				  Transportation (U.S. DOT) regulations for testing. Random testing of CALPIA
				  employees in this category are tested through the California Department of
				  Corrections Office of Employee Wellness, pursuant to 2 California Code of
				  Regulations (CCR) Section
				  599.963(h). This
				  includes, and is not limited to full time, regularly employed drivers; casual,
				  intermittent or occasional drivers; leased drivers and independent
				  owner-operator contractors.
(b)
				  CALPIA drivers who operate commercial motor vehicles that require a commercial
				  driver's license under 49 Code of Federal Regulations (CFR), Part 383 are
				  subject to the FMCSA's drug and alcohol regulations, 49 CFR Part 382 which
				  incorporate the requirements of 49 CFR Part 40 and subject to
				  49 U.S.C. §§
											31301 and
				  31306, which requirements are
				  incorporated herein in full by this reference.
1. New
					 section filed 11-13-2018; operative 1-1-2019 (Register 2018, No. 46).
Note: Authority cited: Sections
						2801 and
						2809, Penal
						Code; and Sections
						11349(e)
						and
						19572,
						Government Code. Reference: Sections
						2801 and
						2809, Penal
						Code; 49 CFR Part 40 (2017); 49 CFR Part 172 , subpart F and Sections
						392.7 and
						392.8;
						49 U.S.C. Sections
						31301 and
						31306; and 49 CFR Part 832.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 9 - Conflicts of Interest › Section 8298 - Incompatible Activity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Employees must not engage in incompatible activities as defined in Section
				  19990 of
				  the Government Code.
(b) Other
				  incompatible activities that employees must not engage in include, but are not
				  limited to, the following:
(1) Employment or
				  participation in illegal activities.
(2) Employment or activity that prevents the
				  employee from performing his or her job at CALPIA in an efficient and capable
				  manner, or results in an actual conflict of interest or creates the appearance
				  of a conflict of interest with the employee's job.
(3) Using workgroup computer technologies to
				  conduct activities not related to the mission or work tasks of
				  CALPIA.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 9 - Conflicts of Interest › Section 8299 - Conflict of Interest Code

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Political Reform Act (Government Code section
					 81000 et
					 seq.) requires state and local government agencies to adopt and promulgate
					 conflict of interest codes. The Fair Political Practices Commission has adopted
					 a regulation, Title 2, California Code of Regulations, section
					 18730, which contains the terms of
					 a standard conflict of interest code, which can be incorporated by reference,
					 and which may be amended by the Fair Political Practices Commission to conform
					 to amendments in the Political Reform Act after public notice and hearings.
					 Therefore, the terms of Title 2, California Code of Regulations, section
					 18730, and any amendments to it
					 duly adopted by the Fair Political Practices Commission are hereby incorporated
					 by reference. This regulation along with the attached Appendices, designating
					 positions and establishing disclosure categories, must constitute the conflict
					 of interest code of the California Prison Industry Authority (CALPIA), which
					 includes the Prison Industry Board.
Individuals holding designated positions must file their
					 statements of economic interests with CALPIA, which will make the statements
					 available for public inspection and reproduction. (Government Code sec.
					 81008.) Members of the Prison
					 Industry Board, and General Manager must file their statements of economic
					 interests electronically with the
Fair Political Practices
					 Commission
. All other statements will be retained by CALPIA.
1.
					 Renumbering of former section
					 8199 to section
					 8299 filed 11-13-2018; operative
					 1-1-2019 (Register 2018, No. 46).
2. Change without regulatory
					 effect amending first and second paragraphs and amending footnote concerning
					 consultants filed 2-11-2022 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2022, No. 6).
3. Amendment of section,
					 Appendix A and Appendix B filed 9-21-2022; operative 10-21-2022 pursuant to
					 Cal. Code Regs., tit. 2, section
					 18750(d).
					 Approved by Fair Political Practices Commission 6-22-2022 and submitted to OAL
					 for filing and printing only pursuant to Cal. Code Regs., tit. 2, section
					 18750(d)
					 (Register 2022, No. 38).
Note: Authority cited: Sections
						12838.5,
						87300 and
						87302,
						Government Code; and Section
						2809, Penal
						Code. Reference: Sections
						87300,
						87302 and
						87306,
						Government Code; and Sections
						2800,
						2802 and
						2808, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8.5 - California Prison Industry Board › Chapter 1 - Rules and Regulations of California Prison Industry Board › Article 1 - Scope of Authority › Section 8900 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prison Industry Board (PIB or Board) consists of 11 members
					 whose function is to act as the governing body over California Prison Industry
					 Authority (CALPIA). The Chairman of the Board must be the Secretary of the
					 California Department of Corrections and Rehabilitation by statute.
1. Change
					 without regulatory effect adopting section filed 3-21-2017 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2017, No. 12).
2. Change without regulatory
					 effect amending section filed 2-11-2022 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2022, No. 6).
Note: Authority cited: Section
						2808, Penal
						Code. Reference: Sections
						2802,
						2803 and
						2808, Penal
						Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8.5 - California Prison Industry Board › Chapter 1 - Rules and Regulations of California Prison Industry Board › Article 1 - Scope of Authority › Section 8901 - Prison Industry Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The PIB, in the exercise of its duties, has all the powers and can do all the
				  things which the board of directors of a private corporation would do, except
				  as specifically limited by PC 2808.
(b) The PIB must meet four times during each
				  fiscal year, or more as deemed necessary by the call of the chairperson or the
				  majority of the PIB.
(1) Six members of the
				  PIB, including the chairperson, or his or her designee, must constitute a
				  quorum.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 1 - General › Section 1 - Definition of "Accountancy Act."

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Accountancy Act" as used in these regulations means Division
				  3, Chapter 1, of the Business and Professions Code.
1. Amendment
				  filed 6-24-66 as organizational; effective upon filing (Register 66, No. 19).
				  For prior history see Registers 61, No. 22 and 12, No. 6.
2.
				  Amendment filed 7-10-70; effective thirtieth day thereafter (Register 70, No.
				  28).
3. Repealer of former Section
				  1 and renumbering and amendment of
				  Section 5.2 to Section
				  1 filed 4-12-83; effective
				  thirtieth day thereafter (Register 83, No. 16). For prior history, see
				  Registers 77, No. 16 and 60, No. 3.
Note: Authority cited: Section
					 5010,
					 Business and Professions Code. Reference: Section
					 5010,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 1 - General › Section 2 - Confusing Titles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following are titles or designations likely to be
				  confused with the titles Certified Public Accountant and Public Accountant
				  within the meaning of Section
				  5058
				  of the Business and Professions Code:
(a) "Accountant," "auditor," "accounting," or
				"auditing," when used either singly or collectively or in conjunction with
				other titles.
(b) Any other titles
				or designations which imply that the individual is engaged in the practice of
				public accountancy.
1. New
				  Sections 2,
				  3,
				  4 and
				  5 filed 5-8-48 (Register 12, No.
				  6).
2. Amendment filed 2-4-60; effective thirtieth day thereafter
				  (Register 60, No. 3).
3. Amendment filed 4-12-83; effective
				  thirtieth day thereafter (Register 83, No. 16).
4. Change without
				  regulatory effect amending NOTE filed 2-27-2012 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2012, No. 9).
Note: Authority cited: Sections
					 5010
					 and
					 5018,
					 Business and Professions Code. Reference: Sections
					 5055,
					 5056
					 and
					 5058,
					 Business and Professions Code.