reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 2 - Prehearing Provisions › Section 57.4 - Petition to Quash or for Protective Order. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 8-12-2002; operative 8-12-2002. Submitted to OAL for printing
						  only pursuant to Government Code section
						  18214
						  (Register 2002, No. 33).
2. Amendment of section and NOTE filed
						  2-28-2006; operative 2-28-2006. Exempt from the Administrative Procedure Act
						  pursuant to section
						  18211 of
						  the Government Code and submitted to the Office of Administrative Law for
						  filing with the Secretary of State and publication in the California Code of
						  Regulations pursuant to section
						  18214 of
						  the Government Code (Register 2006, No. 9).
3. Repealer filed
						  8-18-2010; operative 8-18-2010 pursuant to Government Code section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Sections
							 18701 and
							 18214,
							 Government Code. Reference: Section
							 87164,
							 Education Code; Section
							 915,
							 Evidence Code; and Sections
							 8547.8,
							 18670,
							 18671,
							 18672,
							 18672.1,
							 18673,
							 18675,
							 19683 and
							 19700-
							 19706,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 3 - Hearings › Section 58.1 - Waiver of Government Code Section 18671.1

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For any appeal pending before the Appeals
						Division, if the Appellant does not affirmatively waive the provisions of
						section
						18671.1 of
						the Government Code, then the Appeals Division has the discretion to either set
						the matter for hearing at any location the Board determines will be able to
						hold the hearing in the most expeditious manner possible, or require the
						hearing to be held by telephonic conference call, or video conferencing
						pursuant to section
						58.6.
1. New
						  chapter 3 (sections
						  58.1-58.11) and section filed
						  8-18-2010; operative 8-18-2010 pursuant to Government Code section
						  11343.4
						  (Register 2010, No. 34).
2. Change without regulatory effect
						  redesignating former chapter 3 as new subarticle 3 filed 9-7-2010 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2010, No. 37).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Sections
							 18701,
							 18671.1
							 and
							 18675,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 3 - Hearings › Section 58.2 - Requests for Priority Hearing in Appeals and Complaints from Dismissal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For appeals
						from actions resulting in the termination of an employee, where an evidentiary
						hearing has not commenced within 6 months of the filing of the appeal, an
						Appellant may request a priority hearing with the board. Requests for priority
						hearing shall be in writing, and shall be filed with the Appeals Division, with
						copies sent to all other parties.
(b) Upon a request for a priority hearing as
						provided in subdivision (a), the evidentiary hearing shall be scheduled to
						occur within 60 days of the request at an SPB hearing location designated by
						the Chief ALJ or his or her designee, and may where practicable, utilize an
						electronic proceeding as set forth in section
						58.6, for all or part of the
						hearing.
1. New
						  section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code
						  section
						  11343.4
						  (Register 2010, No. 34).
2. Amendment of section and NOTE filed
						  4-12-2013; operative 4-12-2013 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2013, No. 15).
Note: Authority cited: Sections
							 18671.1
							 and
							 18701,
							 Government Code. Reference: Sections
							 18671.1
							 and
							 18675,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 3 - Hearings › Section 58.3 - Dismissal of Appeals Not Brought to Hearing and Failure to Proceed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any appeal
						assigned to the ALJ, hearing officer, Chief ALJ's designee, or presiding
						officer, shall be dismissed unless it is brought to hearing within three years
						after such appeal was filed with the Board. "Brought to hearing" means when the
						record is opened for the purpose of initiating the evidentiary hearing pursuant
						to section 51.2(i).
(b) Failure of any party to proceed at a
						hearing or a prehearing/settlement conference, shall be deemed a withdrawal of
						the appeal or the action, unless the hearing is continued for good
						cause.
1.
						  Renumbering of former section
						  52.2 to new section
						  58.3, including amendment of
						  section heading and section, filed 8-18-2010; operative 8-18-2010 pursuant to
						  Government Code section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 18675(a),
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 3 - Hearings › Section 58.4 - Hearings Are Public

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every appeal hearing, including the hearing of an
						  adverse action appeal, shall be public, unless otherwise required by law to be
						  closed to the public.
(a) A hearing
						shall be open to public observation. Nothing in this subdivision limits the
						authority of the presiding officer to order on the record, closure of a hearing
						or make other protective orders to the extent necessary or proper for any of
						the following purposes:
(1) To satisfy the
						United States Constitution, the California Constitution, federal or state
						statute, or other law, including but not limited to laws protecting privileged,
						confidential, or other protected information.
(2) To ensure a fair hearing in the
						circumstances of the particular case.
(3) To conduct the hearing, including the
						manner of examining witnesses, in a way that is appropriate to protect a minor
						witness or a witness with a developmental disability, as defined in section
						4512
						of the Welfare and Institutions Code, from intimidation or other harm, taking
						into account the rights of all persons.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 3 - Hearings › Section 58.5 - Exclusion of Witnesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon the motion of any party, the ALJ, hearing officer,
						  Chief ALJ's designee, or presiding officer shall have the authority to exclude
						  from the hearing room any witnesses not at the time under examination; but a
						  party to the proceeding, or the party's counsel or other person representing a
						  party, shall not be excluded. When a state agency is a party it is entitled to
						  the presence of one other officer or employee in addition to its counsel or
						  representative.
1.
						  Renumbering and amendment of former section
						  52.1 to new section
						  58.5 filed 8-18-2010; operative
						  8-18-2010 pursuant to Government Code section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 18675,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 3 - Hearings › Section 58.6 - Electronic Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Upon a showing of good cause by a party or upon the presiding ALJ's own motion,
						an ALJ may conduct all or part of a hearing by telephonic conference call or
						video conference if each participant in the proceeding has an opportunity to
						participate in and hear the entire proceeding while it is taking place and to
						observe exhibits.
(b) If a party
						objects, the presiding ALJ may proceed upon a finding that no party to the
						proceeding will be prejudiced by all or part of the hearing being conducted by
						telephone or other electronic means.
1. New
						  section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code
						  section
						  11343.4
						  (Register 2010, No. 34).
2. Amendment of subsection (a) filed
						  11-30-2017; operative 1-1-2018 (Register 2017, No.
						  48).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 18675,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 3 - Hearings › Section 58.7 - Request for Security

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
						party or participant in an evidentiary hearing may request security for the
						hearing. The request shall be made as soon as the need for security is known.
						The request shall be filed with the Appeals Division and directed to the Chief
						ALJ or the assigned ALJ. To ensure that appropriate safety measures are
						arranged, the person requesting security shall inform the Chief ALJ, or the
						assigned ALJ, the nature of the security risk.
(b) The Chief ALJ, or his or her designee
						will evaluate the request for security and make the decision whether to provide
						security. Costs for security are reimbursed pursuant to Government Code section
						18671.2.
(c) If the request for security is made
						without sufficient time for appropriate security personnel to be procured, the
						Chief ALJ, or the assigned ALJ, has the discretion to continue the
						proceeding.
1. New
						  section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code
						  section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 18675,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 3 - Hearings › Section 58.9 - Interpreters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in this
						section, "language assistance" means oral interpretation or written translation
						into English of a language other than English or of English into another
						language for a party or witness who cannot speak or understand English or who
						can do so only with difficulty.
(b)
						Nothing in this section limits the application or effect of section
						754 of the
						Evidence Code to interpretation for a deaf or hearing impaired party or witness
						in an adjudicative proceeding.
(c)
						All hearings shall be conducted in English. If a party or the party's witness
						needs language assistance, that party or the party's witness must notify the
						Chief ALJ or the assigned ALJ, no later than 15 days before the hearing, that
						an interpreter is going to be utilized. Such notification must identify the
						interpreter, and provide evidence of certification.
1. New
						  section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code
						  section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 18675,
							 11435.05,
							 11435.10,
							 11435.20
							 and
							 11435.25,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 3 - Hearings › Section 58.10 - Official Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Official notice may be taken of those matters specified
						  in section
						  11515 of
						  the Government Code by the ALJ, Chief ALJ's designee, hearing officer, or
						  presiding officer in any hearing or investigative review, in accordance with
						  the provisions of that Section.
(a)
						Official notice may be taken of the State Controller's Office's Employment
						History Summary for an appellant, the Board's adopted class specification for
						appellant's job classification, and prior Notices of Adverse Actions taken
						against an appellant and filed with the Board, including administrative records
						of SPB cases in which an appellant was a party.
1. New
						  section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code
						  section
						  11343.4
						  (Register 2010, No. 34).
2. New subsection (a) filed 11-30-2017;
						  operative 1-1-2018 (Register 2017, No. 48).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Sections
							 18675 and
							 11515,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 3 - Hearings › Section 58.11 - Notice of Settlement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						The parties shall promptly notify the Appeals Division of any resolution that
						terminates a case assigned for hearing. The Appeals Division shall vacate all
						hearing dates upon receipt of a written request signed by all parties notifying
						the Appeals Division that the appeal or complaint, or personnel action has been
						withdrawn through settlement.
1. New
						  section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code
						  section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 18675,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 3 - Hearings › Section 58.12 - Documents Introduced into Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each party shall bring to the hearing at least four
						  exact copies of any document that the party intends to mark as an exhibit
						  during the course of the hearing. Failure of a party to possess at least four
						  copies of any document that the party proposes to introduce into evidence may
						  prohibit its use at hearing.
1. New
						  section filed 4-12-2013; operative 4-12-2013 pursuant to Government Code
						  section
						  11343.4(b)(3)
						  (Register 2013, No. 15).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 18675,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 3 - Hearings › Section 58.13 - Court Reporters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon a showing of good cause by a party, a hearing may
						  be recorded by a certified court reporter approved by the Chief ALJ or his or
						  her designee. The certified court reporter shall be retained by the board. The
						  cost of the court reporter shall ultimately be borne by the person making the
						  request. The board shall receive a copy of the transcript from the court
						  reporter at no expense to the board.
1. New
						  section filed 4-12-2013; operative 4-12-2013 pursuant to Government Code
						  section
						  11343.4(b)(3)
						  (Register 2013, No. 15).
2. Amendment filed 11-30-2017; operative
						  1-1-2018 (Register 2017, No. 48).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 18675,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 4 - Discovery › Section 59.1 - Request for Discovery; Statements; Writings; Investigative Report; Witness List

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Except as otherwise provided in subsection (a)(1), each party to an appeal,
						complaint, or any other matter scheduled for an evidentiary hearing, is
						entitled to serve a request for discovery on any other named party to the
						complaint or appeal. All requests for discovery shall be served on the
						responding party no later than 90 days after filing the appeal or complaint
						with the board. The right to inspect documents and interview witnesses provided
						for under Government Code section
						19574.1 is
						separate and distinct from a request for discovery expressed in this section
						and is not governed by the provisions of this section.
(1) For appeals from Notice of Adverse Action
						served pursuant to Government Code section
						19574 or
						19590, a
						request for discovery may only be served by the Appellant or the Appellant's
						representative upon the Respondent as provided for in subdivision (a). However,
						a Respondent may serve a request for discovery on Appellant in said appeal no
						later than 15 days after the prehearing/settlement conference solely for the
						purpose of obtaining information relevant to any affirmative defense alleged by
						Appellant in the prehearing/settlement conference statement. If Appellant
						amends his or her prehearing/settlement conference statement after a
						prehearing/settlement conference to include an affirmative defense, Respondent
						may serve a request for discovery on Appellant no later than 15 days after
						receiving the amended prehearing/settlement conference statement. If Appellant
						alleges an affirmative defense simultaneously with filing his or her appeal, a
						Respondent may serve a request for discovery on Appellant no later than 90 days
						after the Respondent's receipt of Appellant's defense to the notice of proposed
						action.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 4 - Discovery › Section 59.2 - Depositions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On verified
						petition of any party, the Chief ALJ or the assigned ALJ may order the
						testimony of any material witness residing within or without the state be taken
						by deposition in the manner prescribed in Government Code section
						18673.
(b) Any party who requests to submit a
						deposition in lieu of testimony at the hearing shall identify those portions of
						the deposition that are relevant to the issues of the case.
(c) At the discretion of the Chief ALJ or the
						assigned ALJ as set forth in section
						56.1, in lieu of a deposition,
						witness testimony may be conducted by video conferencing.
1. New
						  section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code
						  section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Sections
							 11511,
							 18673 and
							 18675,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 4 - Discovery › Section 59.3 - Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Licensed
						members of the California State Bar in a representative capacity, may issue
						subpoenas and subpoenas duces tecum to compel attendance of an individual at a
						hearing or production of an item at any reasonable place and time, so long as
						the individual being served does not reside more than 100 miles from the
						location where the hearing or investigation is to be held, or more than 100
						miles from the location where the witness testifies or is interviewed if
						testimony or a statement is taken electronically pursuant to section
						58.6, whichever applies.
(1) If a witness resides more than 100 miles
						from the hearing location, the party intending to serve the subpoena must
						submit an affidavit or a declaration attesting to the materiality of the
						witness to the Chief ALJ or his or her designee.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 4 - Discovery › Section 59.4 - Abuse of the Discovery Process; Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Abuse of the discovery process includes,
						but is not limited to, the following:
(1)
						Persisting, over objection and without substantial justification, in an attempt
						to obtain information or materials that are outside the scope of permissible
						discovery.
(2) Employing a
						discovery method in a manner or to an extent that causes unwarranted annoyance,
						embarrassment, or oppression, or undue burden and expense.
(3) Failing to respond or to submit to an
						authorized method of discovery.
(4)
						Making, without substantial justification, an unmeritorious objection to
						discovery.
(5) Making an evasive
						response to discovery.
(6)
						Disobeying an order to provide discovery.
(7) Making or opposing, unsuccessfully and
						without substantial justification, a motion to compel or to limit
						discovery.
(8) Failure to meet and
						confer for an informal resolution of a discovery dispute.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 4 - Discovery › Section 60 - Definition and Purpose. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 4-4-2002; operative 4-4-2002. Submitted to OAL for printing only
						  pursuant to Government Code section
						  18214
						  (Register 2002, No. 14). For prior history, see Register 90, No.
						  22.
2. Repealer filed 8-18-2010; operative 8-18-2010 pursuant to
						  Government Code section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 11420.20,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 5 - Law and Motion › Section 60.1 - Law and Motion; Procedures; Motions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless otherwise ordered by the Chief
						ALJ, a motion described in this section shall only be scheduled for a law and
						motion hearing if the motion is filed in an evidentiary hearing matter, or if
						the motion is a motion to dismiss a Notice of Rejection During
						Probation.
(b) The following
						motions shall be filed with the Appeals Division no later than 90 days from the
						date the appeal or complaint was filed with the SPB:
(1) Failure to State a Cause of Action: Will
						only be heard where it pertains to Discrimination, Harassment, Retaliation, and
						Whistleblower Retaliation Cases.
(2) Motion to Dismiss; and
(3) Motion to Strike.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 5 - Law and Motion › Section 60.2 - Motions for Hearing Continuances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Motions for continuance of a hearing
						shall be considered only upon the moving papers. No hearing on the motion will
						be scheduled.
(b) Grounds for
						continuance
(1) Motions for continuances
						based upon good cause shall be considered only if filed no later than 10 days
						subsequent to learning of the basis for a continuance. Circumstances that may
						indicate good cause include:
(A) The
						unavailability of an essential lay or expert witness because of death, illness,
						or other excusable circumstances;
(B) The unavailability of a party or counsel
						because of death, illness, or other excusable circumstances;
(C) The substitution of counsel, but only
						where there is an affirmative showing that the substitution is required in the
						interests of justice;
(D) A party's
						excused inability to obtain essential testimony, documents, or other material
						evidence despite diligent efforts.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 5 - Law and Motion › Section 60.3 - Motion to Compel Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						A petition or motion to compel a request to inspect documents under Government
						Code section
						19574.1 is
						governed by the procedures provided in Government Code section
						19574.2.
						Motions to compel a request for discovery issued pursuant to section
						59.1 are governed by the procedures
						stated in subdivisions (b) through (e).
(b) Any party seeking further responses to a
						request for discovery shall meet and confer with the responding
						party.
(c) After complying with
						subdivision (b), a party may serve and file with the Appeals Division a motion
						to compel discovery, naming as responding party any party who has refused or
						failed to provide discovery as required by section
						59.1. A copy of the motion shall be
						served on the responding party on the same date the motion is filed with the
						Appeals Division. The motion shall be served upon the responding party and
						filed with the Appeals Division within 14 days after the responding party first
						evidenced his or her failure or refusal to comply with section
						59.1.
(d) The matter will be decided upon the
						moving papers, as well as any responses and replies unless ordered
						otherwise.
(e) The motion shall
						state facts showing the responding party failed or refused to comply with
						section 59.1, a description of the matters
						sought to be discovered, the reason or reasons why the matter is discoverable
						under that section, that a reasonable and good faith attempt to contact the
						responding party for an informal resolution of the issue has been made, and the
						grounds of the responding party's refusal.
(f) Motions, responses and replies shall be
						limited to 15 pages. In addition, the motion may be supported by such
						documentation as affidavits, declarations, depositions, and matters of which
						judicial notice shall or may be taken.
(1)
						Where a motion or opposition is supported by additional documentation, the
						motion must specifically identify the relevant portions of each piece of
						documentation. Failure to identify the relevant portions may, at the discretion
						of the Chief ALJ or his or her designee, result in the supporting documentation
						not being considered.
(2) The
						responding party shall have a right to file an opposition to the motion within
						15 days of service of the motion. Any reply to the opposition shall be filed
						with the Chief ALJ or his or her designee and served on the moving party within
						10 days of service of the opposition motion.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 5 - Law and Motion › Section 60.4 - Date, Time and Place of Mediation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 4-4-2002; operative 4-4-2002. Submitted to OAL for printing only
						  pursuant to Government Code section
						  18214
						  (Register 2002, No. 14).
2. Repealer filed 8-18-2010; operative
						  8-18-2010 pursuant to Government Code section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 11420.20,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 5 - Law and Motion › Section 60.5 - Attendance at Mediation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 4-4-2002; operative 4-4-2002. Submitted to OAL for printing only
						  pursuant to Government Code section
						  18214
						  (Register 2002, No. 14).
2. Repealer filed 8-18-2010; operative
						  8-18-2010 pursuant to Government Code section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 11420.20,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 5 - Law and Motion › Section 60.6 - Standards of Conduct for Neutral Mediators. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 4-4-2002; operative 4-4-2002. Submitted to OAL for printing only
						  pursuant to Government Code section
						  18214
						  (Register 2002, No. 14).
2. Repealer filed 8-18-2010; operative
						  8-18-2010 pursuant to Government Code section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 11420.20,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 5 - Law and Motion › Section 60.7 - Agreements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 4-4-2002; operative 4-4-2002. Submitted to OAL for printing only
						  pursuant to Government Code section
						  18214
						  (Register 2002, No. 14).
2. Repealer filed 8-18-2010; operative
						  8-18-2010 pursuant to Government Code section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 11420.20,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 5 - Law and Motion › Section 60.8 - Termination of Mediation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 4-4-2002; operative 4-4-2002. Submitted to OAL for printing only
						  pursuant to Government Code section
						  18214
						  (Register 2002, No. 14).
2. Repealer filed 8-18-2010; operative
						  8-18-2010 pursuant to Government Code section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 11420.20,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 5 - Law and Motion › Section 60.9 - Confidentiality of Communications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 4-4-2002; operative 4-4-2002. Submitted to OAL for printing only
						  pursuant to Government Code section
						  18214
						  (Register 2002, No. 14).
2. Repealer filed 8-18-2010; operative
						  8-18-2010 pursuant to Government Code section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 11420.20,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 5 - Law and Motion › Section 60.10 - Alternate Resolution of the Complaint/Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 4-4-2002; operative 4-4-2002. Submitted to OAL for printing only
						  pursuant to Government Code section
						  18214
						  (Register 2002, No. 14).
2. Repealer filed 8-18-2010; operative
						  8-18-2010 pursuant to Government Code section
						  11343.4
						  (Register 2010, No. 34).
Note: Authority cited: Section
							 18701,
							 Government Code. Reference: Section
							 11420.20,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 6 › Section 61 - Claims for Back Pay and Requests for Back Pay Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section applies to Appellants:
(1) who are entitled to salary pursuant to
						Government Code sections
						19584,
						19180,
						19253.5,
						and
						19585;
						and
(2) whose appeals with the
						board resulted in a final board decision:
(A)
						revoking or modifying Appellant's adverse action;
(B) restoring a rejected probationer to his
						or her position;
(C) revoking or
						modifying a medical demotion, transfer, or termination; or
(D) revoking or modifying a non-punitive
						termination, demotion, or transfer.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 6 › Section 62 - Request to File Charges. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 11-25-53; effective thirtieth day thereafter (Register 53, No.
						  21).
2. Amendment of section and NOTE filed 4-8-77; effective
						  thirtieth day thereafter (Register 77, No. 15).
3. Renumbering and
						  amendment of former section
						  62 to section
						  51.9 filed 4-26-90; operative
						  5-26-90 (Register 90, No. 22).
Note: Reference: Section
							 19583.5,
							 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 6 - Evidentiary Hearing Process › Subarticle 6 › Section 63 - Appeal. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						  Renumbering and amendment of former section
						  63 to section
						  51.2 filed 4-26-90; operative
						  5-26-90 (Register 90, No. 22). For prior history, see Register 85, No.
						  48.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 7 - Name Clearing Hearings › Section 63.1 - Name Clearing Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In those situations where an employee's
					 Limited Term (LT), Seasonal, or Temporary Authorization (TAU) appointment is
					 terminated for fault, based on charges of misconduct which might stigmatize his
					 or her reputation, or seriously impair his or her opportunity to earn a living,
					 or which might seriously damage his or her standing or association in his
					 community, the employee shall be entitled to file a request for a "Name
					 Clearing" Hearing to be conducted by the appointing authority.
(b) Any Name Clearing Hearing conducted by an
					 appointing authority should, at a minimum, conform to the following
					 requirements:
(1) The employee should file
					 his or her request with the appointing authority within five business days of
					 the effective date of the notice of termination;
(2) The appointing authority should conduct
					 the hearing and issue its decision within 21 days of the effective date of the
					 notice of termination, unless the employee agrees to a hearing to be conducted
					 at a later date;
(3) The employee
					 should be entitled to be represented by a representative of his or her
					 choosing;
(4) The appointing
					 authority's representative should be a neutral, impartial decision-maker, who
					 has the authority to sustain the termination, or revoke the "for fault"
					 designation concerning the appellant's termination;
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 7 - Name Clearing Hearings › Section 64 - Time of Filing. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						sections 64 and
						65 filed 12-23-47 (Register 10, No.
						8).
2. Repealer of NOTE filed 4-8-77; effective thirtieth day
						thereafter (Register 77, No. 15).
3. Renumbering and amendment of
						former section
						64 to section
						51.2(e) filed
						4-26-90; operative 5-26-90 (Register 90, No.
						22).
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 8 - Discrimination Complaint Process › Section 64.1 - Discrimination; Harassment; Retaliation; Denial of Reasonable Accommodation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any state civil service employee, or applicant for state
						civil service employment, who reasonably believes that he or she has been
						subjected to discrimination, harassment, or retaliation based on his or her
						medical condition or mental or physical disability, or denied reasonable
						accommodation for a known physical or mental disability in state employment may
						file a complaint by complying with the provisions of Sections
						64.2 through
						64.6.
1. New
						subarticle 8 (sections
						64.1-64.6) and section filed
						8-18-2010; operative 8-18-2010 pursuant to Government Code section
						11343.4
						(Register 2010, No. 34).
2. Change without regulatory effect
						redesignating former subarticle 8 as new article 8 filed 9-7-2010 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2010, No. 37).
3. Amendment filed 11-30-2017;
						operative 1-1-2018 (Register 2017, No. 48).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18675,
						  19701 and
						  19702,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 8 - Discrimination Complaint Process › Section 64.2 - Prerequisites for Filing a Discrimination Complaint with the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any state civil service employee or applicant for state
						civil service employment who reasonably believes that he or she has been
						subjected to discrimination, harassment, or retaliation based on his or her
						medical condition or mental or physical disability, or denied reasonable
						accommodation for a known physical or mental disability in employment shall
						first file a written complaint with the appointing power's Equal Employment
						Opportunity Office, or other office or individual designated by the appointing
						power to investigate such complaints, prior to filing a discrimination
						complaint with the SPB.
1. New
						section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code
						section
						11343.4
						(Register 2010, No. 34).
2. Amendment filed 11-30-2017; operative
						1-1-2018 (Register 2017, No. 48).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18675,
						  19701 and
						  19702.1,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 8 - Discrimination Complaint Process › Section 64.3 - Appointing Power Discrimination Complaint Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each appointing power shall establish in
					 writing its own internal discrimination complaint process through which a
					 complainant may obtain review of, and a written response to, an allegation of
					 discrimination, harassment, or retaliation based on a medical condition or
					 mental or physical disability, or denial of reasonable accommodation for a
					 known physical or mental disability.
(b) Each complaint filed with the appointing
					 power shall be in writing and shall state the facts upon which the complaint is
					 based, and the relief requested, in sufficient detail for the appointing power
					 to understand the nature of the complaint and to determine the individuals
					 involved. The complained of act, omission, event, decision, condition, or
					 policy must have occurred no more than one year prior to the date that the
					 complaint is filed with the appointing power. This period may be extended by
					 not more than 90 days in those cases where the complainant first obtained
					 knowledge of the facts of the alleged discrimination more than one year from
					 the date of its occurrence.
1. New
						section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code
						section
						11343.4
						(Register 2010, No. 34).
2. Amendment of subsection (a) filed
						11-30-2017; operative 1-1-2018 (Register 2017, No.
						48).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18675,
						  19701 and
						  19702,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 8 - Discrimination Complaint Process › Section 64.4 - Response of Appointing Power to Discrimination Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The appointing power shall provide the
					 complainant a written decision within 90 days of the complaint being filed. If
					 the appointing power has not completed its review and/or is unable to provide a
					 written decision within the 90 day time period, the appointing power shall,
					 within that same time period, inform the complainant in writing as to the
					 reason(s) it is unable to issue its decision within the required time
					 period.
(b) Upon the expiration of
					 the 90 day time period stated in this section, Complainant may thereafter file
					 a discrimination complaint with the SPB as provided in section
					 64.5. However, a discrimination
					 complaint may not be filed with the SPB more than 150 days after the
					 complainant filed his or her complaint of discrimination with the appointing
					 power.
1. New
						section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code
						section
						11343.4
						(Register 2010, No. 34).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18675,
						  19701 and
						  19702,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 8 - Discrimination Complaint Process › Section 64.6 - Acceptance of Complaint; Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If, after review of the complaint, the
					 Appeals Division determines that the complaint does not meet all filing
					 requirements, the Appeals Division shall notify the Complainant in writing of
					 the reasons for its determination. The Complainant may file an amended
					 complaint within 20 days of receipt of the notice of rejection of the
					 complaint.
(b) Upon acceptance of
					 the complaint or amended complaint, the Appeals Division shall serve the
					 operative complaint on the named Respondents by mailing a copy of the complaint
					 to the legal office, or other designated office, of the appointing power, and
					 to the business address of any individually named respondent.
(c) The provisions of Article 6 of these
					 regulations apply to discrimination complaints accepted by the Appeals
					 Division.
1. New
						section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code
						section
						11343.4
						(Register 2010, No. 34).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18675,
						  19701 and
						  19702,
						  Government Code.