reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.5 - Personal Services Contracts › Article 3 - Supplemental Procedures for Reviewing Personal Services Contracts Executed Under Either Government Code Section 19130(a) or Section 19130(b) › Section 547.65 - Evidentiary Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Request for a Board Hearing. The employee organization may request that, in
					 lieu of the executive officer making a decision approving or disapproving the
					 disputed contract, the disputed contract be referred to the board for a
					 hearing. To make such a request, the employee organization shall include with
					 its request for review written arguments, evidence, and/or declarations that
					 show good cause exists for scheduling a hearing for the purpose of receiving
					 evidence and hearing arguments concerning the propriety of the disputed
					 contract.
(b) Good Cause. In order
					 to show that good cause exists for referring the disputed contract for a
					 hearing for the purpose of taking evidence and hearing arguments, the employee
					 organization must show that there are disputed issues of material fact
					 regarding the contract that must be resolved before a determination is made as
					 to whether the disputed contract meets the criteria of Government Code §
											19130 and
					 that an evidentiary hearing is necessary to resolve these disputed issues of
					 material fact.
(c) Executive
					 Officer Determination. The determination as to whether the employee
					 organization has shown that good cause exists for referring the disputed
					 contract for an evidentiary hearing shall be made by the executive officer. If
					 the executive officer determines that good cause does not exist for referring
					 the disputed contract for an evidentiary hearing, the contract review process
					 shall proceed as an investigation, and the executive officer shall issue a
					 decision approving or disapproving the contract.
(d) Conduct of an Evidentiary Hearing. Upon
					 finding that the employee organization has shown good cause for referring the
					 disputed contract for an evidentiary hearing, the executive officer shall refer
					 the contract to an administrative law judge or other authorized representative
					 of the board to conduct an evidentiary hearing and submit a proposed decision
					 to the board in accordance with the procedures set forth in Government Code,
					 Title 2, Division 5, Part 2, Chapter 2, Article 2 (commencing with §
											18670) and Chapter 7, Article 1
					 (commencing with §
											19570), and the board regulations
					 promulgated thereunder.
1. New
						section filed 5-3-99; operative 5-3-99 pursuant to Government Code section
						11343.4(d)
						(Register 99, No. 19).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  19130,
						  19131 and
						  19132,
						  Government Code; and Section
						  10337,
						  Public Contract Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.5 - Personal Services Contracts › Article 4 - Procedures for Appealing an Executive Officer's Decision Approving or Disapproving a Contract Under Government Code Section 19130(a) or Section 19130(b) to the Board › Section 547.66 - Appeal from an Executive Officer's Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party may appeal the executive officer's decision to
						the board by filing a written request with the board within 30 days after
						issuance of the executive officer's decision. (See §
											547.64(b).) Upon
						receipt of a timely appeal, the executive officer shall schedule the matter for
						briefing and oral arguments before the board. The board will decide the appeal
						upon the factual information, documentary evidence, and declarations submitted
						to the executive officer before he or she issued his or her decision. Upon the
						objection of a party, the board will not accept additional factual information,
						documentary evidence, or declarations that were not previously filed with the
						executive officer if the board finds that the submission of this additional
						factual information, documentary evidence, or declarations would be unduly
						prejudicial to the objecting party.
1. New
						article 3 (section
						547.66) and section filed 5-3-99;
						operative 5-3-99 pursuant to Government Code section
						11343.4(d)
						(Register 99, No. 19).
2. Change without regulatory effect
						renumbering former article 3 heading to article 4 filed 2-7-2000 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2000, No. 6).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18654.5,
						  18670,
						  19130,
						  19131 and
						  19132,
						  Government Code; and Section
						  10337,
						  Public Contract Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.5 - Personal Services Contracts › Article 5 - Procedures that Apply to Review Proceedings for Contracts Executed Under Government Code Section 19130(a) or Section 19130(b) › Section 547.67 - General Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Continuances and Extensions. The executive officer may grant continuances of
					 oral arguments before the board and extensions of time for briefs or other
					 documents for those oral arguments upon the consent of all parties or for good
					 cause shown.
(b) Filing. Requests
					 for review, agency responses, briefs, and other documents may be filed with the
					 board by facsimile sent to the chief counsel's office. A document will be
					 considered filed with the board when the board actually receives it.
(c) Service. Requests for review, agency
					 responses, briefs and other documents shall be served upon all other parties by
					 personal delivery, facsimile, telecopy, express mail or other means designed to
					 ensure that they are received by the other parties on the same day they are
					 filed with the board.
1. New
						article 4 (sections
						547.67-547.68) and section filed
						5-3-99; operative 5-3-99 pursuant to Government Code section
						11343.4(d)
						(Register 99, No. 19).
2. Change without regulatory effect
						renumbering former article 4 heading to article 5 filed 2-7-2000 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2000, No. 6).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18670,
						  19130,
						  19131 and
						  19132,
						  Government Code; and Section
						  10337,
						  Public Contract Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.5 - Personal Services Contracts › Article 5 - Procedures that Apply to Review Proceedings for Contracts Executed Under Government Code Section 19130(a) or Section 19130(b) › Section 547.68 - Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At any time
					 after an employee organization requests that that board review a contract for
					 compliance with Government Code §
											19130(a)
					 or §
											19130(b), a
					 contractor to the disputed contract may move to intervene as a party in the
					 contract review process. Either the executive officer, administrative law judge
					 or authorized representative who conducts an evidentiary hearing, or board, may
					 grant a motion for intervention if all the following conditions are satisfied:
(1) A written motion is filed with the board,
					 with copies served upon the state agency and the employee
					 organization.
(2) The motion is
					 made as early as practicable.
(3)
					 The motion states facts demonstrating that the applicant has an interest in the
					 disputed contract that may be affected by a decision upon that contract or that
					 the applicant qualifies as an intervenor under a statute or
					 regulation.
(4) The executive
					 officer, administrative law judge, authorized representative or board
					 determines that the interests of justice and the orderly and prompt conduct of
					 the contract review process will not be impaired by allowing the
					 intervention.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.5 - Personal Services Contracts › Article 6 - Procedures that Apply to Contracts Under Government Code Section 19130(a) › Section 547.70 - Employee Organization's Request for Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any employee organization that receives
					 notification from the board, pursuant to Government Code section
					 19131, of
					 a state agency's Notice of Intent to Execute Personal Services contract shall,
					 within 15 days of the date of such notice having been mailed to the employee
					 organization, be entitled to file with the board and to serve upon the state
					 agency, a request for review of the contract for compliance with the
					 requirements of Government Code section
					 19130(a).
					 The employee organization's request for review shall identify the contract to
					 be reviewed and include the following:
(1)
					 Specific and detailed factual information that demonstrates how the contract
					 fails to meet the conditions specified in Government Code section
					 19130(a);
					 and
(2) Documentary evidence and/or
					 declarations in support of the employee organization's
					 position.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.5 - Personal Services Contracts › Article 6 - Procedures that Apply to Contracts Under Government Code Section 19130(a) › Section 547.71 - State Agency Reply

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 10 days after receipt of service of the employee organization's request
					 for review, the state agency may file with the board and serve upon the
					 employee organization and the proposed contractor(s) a written reply to the
					 employee organization's request.
(b) The state agency shall file a proof of
					 service with the board that states when and how it served a copy of its reply
					 upon the employee organization and the proposed contractor(s).
1. Change
						without regulatory effect renumbering and amending former section
						279.4 to section
						547.71 filed 12-1-99 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 99, No. 49).
2. Renumbering of former section
						547.71 to section
						547.73 and new section
						547.71 filed 1-3-2008; operative
						2-2-2008 (Register 2008, No. 1).
Note: Authority cited: Sections
						  18211,
						  18216 and
						  18701,
						  Government Code. Reference: Sections
						  18670,
						  19130,
						  19131 and
						  19134,
						  Government Code; and Section
						  10337,
						  Public Contract Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.5 - Personal Services Contracts › Article 6 - Procedures that Apply to Contracts Under Government Code Section 19130(a) › Section 547.72 - Undercut of State's Wage in Cost-Savings Based Contracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a Personal Services Contract is based on cost
						savings, a contractor's wages shall be at or above the industry's level and
						shall not undercut the State's pay rate for comparable work by more than 15%,
						except that if in a nonmetropolitan area of the State the contractor's rate of
						pay is more than 15% below the state rate, the contract may be approved if the
						contractors rate of pay is closer to the State rate than it is to the
						comparable industry rate in the local area. In no case shall a contractor's
						wages be more than 25% below the State's pay rate. Comparison of wages for this
						purpose shall not include the cost of benefits.
(a) Comparison of the contractor's and
					 State's hourly rates will be made as follows:
(1) For contracts of one year or less
					 duration, comparison shall be to the first step of the salary range of the
					 class designated as the type of work performed by the Personal Services
					 Contract except for classes with a special in-grade salary adjustment (SISA).
					 In this case, comparison shall be made to the midpoint between the first and
					 second steps.
(2) For contracts
					 with durations of over one year up to two years, comparison shall be to the
					 midpoint between the first and second steps of the salary range of the class
					 designated as the type of work performed by Personal Services Contract except
					 for classes with a SISA. Comparison in this case shall be made to the second
					 step.
(3) For contracts with
					 durations of over two years, comparison shall be to the second step of the
					 salary range of the class designated as the type of work performed by Personal
					 Services Contract.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.5 - Personal Services Contracts › Article 6 - Procedures that Apply to Contracts Under Government Code Section 19130(a) › Section 547.73 - Amount of Savings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Savings generated through cost-savings based personal services contracting must
					 justify the size and duration of the contracting agreement. To do so, such
					 contracts must meet one of the following criteria:
(1) Achieve a savings of 10% or more compared
					 to the cost of performing the same function within the civil service over the
					 duration of the contract; or
(2)
					 Achieve a savings of at least $50,000, in terms of 1988 dollars, per year
					 compared to the cost of performing the same function within the civil service
					 over the duration of the contract, provided that the savings equal at least 5%
					 of the comparable civil service cost. The $50,000 standard shall be adjusted at
					 the beginning of each fiscal year to reflect changes in the California Consumer
					 Price Index as reported by the Department of Industrial Relations, and the
					 adjusted figure shall be communicated by Board staff to all
					 departments.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.5 - Personal Services Contracts › Article 6 - Procedures that Apply to Contracts Under Government Code Section 19130(a) › Section 547.74 - Equal Employment Opportunity Impact

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No state agency may enter into a cost savings contract
						under Section
						19130, subdivision (a) unless the
						agency can establish:
(a) Approval of
					 the contract will not unreasonably interfere with the ability of the agency to
					 comply with its equal employment opportunity plan; and
(b) The contractor is in compliance with the
					 statutes and regulations administered by the Department of Fair Employment and
					 Housing.
1.
						Renumbering of former section
						547.70 to section
						547.74, including amendment of
						section heading, repealer and new section and amendment of NOTE, filed
						1-3-2008; operative 2-2-2008 (Register 2008, No.
						1).
Note: Authority cited: Sections
						  18211,
						  18216 and
						  18701,
						  Government Code. Reference: Sections
						  11135-
						  11139.8,
						  19130(a)(4),
						  19130(a)(8),
						  19790,
						  19791,
						  19793,
						  19794,
						  19797 and
						  19798.5,
						  Government Code; and Section
						  1431, Labor
						  Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.7 - Equal Employment Opportunity Program [Repealed] › Article 1 - State Work Force Data Collection and Evaluation [Repealed] › Section 547.80 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						subchapter 1.7, article 1 (sections
						547.80-547.81) and section filed
						9-25-2000; operative 9-25-2000 (Register 2000, No. 39). This regulatory action
						was subject to limited review by OAL and is exempt from those provisions of the
						Administrative Procedure Act specified in section
						18215(b)
						of the Government Code.
2. Amendment of subchapter heading, article
						heading, section and NOTE filed 5-7-2003 subject to partial compliance with the
						Administrative Procedure Act and limited review by the Office of Administrative
						Law pursuant to Government Code section
						18215;
						effective on filing pursuant to Government Code section
						11343.4
						(Register 2003, No. 19).
3. Change without regulatory effect
						repealing subchapter 1.7 (article 1, sections
						547.80-547.81) and section filed
						7-30-2015 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2015, No. 31).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  11092.5,
						  18523,
						  19702.1,
						  19790,
						  19791 and
						  19792,
						  Government Code; Title VII of the Civil Rights Act of 1964,
						  42 USC, Sections
						  2000e-2 et seq.; "Revisions to the Standards
						  for the Classification of Federal Data on Race and Ethnicity," Federal
						  Register, October 30, 1997; Connerly v. State Personnel Bd. (2001) 92 Cal. App.
						  4th 16; and Hazelwood School District v. United States (1977),
						  433 U.S.
						  299,
						  308, fn.
						  14.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.7 - Equal Employment Opportunity Program [Repealed] › Article 1 - State Work Force Data Collection and Evaluation [Repealed] › Section 547.81 - Establishment of Annual Equal Employment Opportunity Goals for Minorities and Women. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-25-2000; operative 9-25-2000 (Register 2000, No. 39). This
						regulatory action was subject to limited review by OAL and is exempt from those
						provisions of the Administrative Procedure Act specified in section
						18215(b)
						of the Government Code.
2. Repealer filed 5-7-2003 subject to
						partial compliance with the Administrative Procedure Act and limited review by
						the Office of Administrative Law pursuant to Government Code section
						18215;
						effective on filing pursuant to Government Code section
						11343.4
						(Register 2003, No. 19).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  11092.5,
						  19702.1
						  and
						  19790,
						  Government Code; Title VII of the Civil Rights Act of 1964,
						  42 USC, Sections
						  2000e-2 et seq.; Wygant v. Jackson Board of
						  Education, 476 U.S.
						  267 (1986); Johnson v. Santa Clara
						  Transportation Agency, 480
						  U.S. 616 (1987); and Wards Cove Packing Co.
						  v. Atonio, 490 U.S.
						  642
						  (1989).
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.8 - Upward Mobility [Repealed] › Article 1 - Definitions [Repealed] › Section 547.82 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						subchapter 1.8 (articles 1-2, sections
						547.82-547.87) article 1 (section
						547.82) and section filed
						12-21-2000; operative 12-21-2000 pursuant to Government Code section
						18214
						(Register 2000, No. 51).
2. Change without regulatory effect
						repealing subchapter 1.8 (articles 1-2, sections
						547.82-547.87), article 1 (section
						547.82) and section filed 7-30-2015
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 2015, No. 31).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  19400-
						  19403,
						  19405 and
						  19406,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.8 - Upward Mobility [Repealed] › Article 2 - Upward Mobility Program Plans, Goals, and Related Procedures [Repealed] › Section 547.83 - Coordinator. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						article 2 (sections
						547.83-547.87) and section filed
						12-21-2000; operative 12-21-2000 pursuant to Government Code section
						18214
						(Register 2000, No. 51).
2. Change without regulatory effect
						repealing article 2 (sections
						547.83-547.87) and section filed
						7-30-2015 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2015, No. 31).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  19400-
						  19403,
						  19405 and
						  19406,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.8 - Upward Mobility [Repealed] › Article 2 - Upward Mobility Program Plans, Goals, and Related Procedures [Repealed] › Section 547.84 - Plan Elements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-21-2000; operative 12-21-2000 pursuant to Government Code
						section
						18214
						(Register 2000, No. 51).
2. Change without regulatory effect
						repealing section filed 7-30-2015 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2015, No. 31).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  19400-
						  19403,
						  19405 and
						  19406,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.8 - Upward Mobility [Repealed] › Article 2 - Upward Mobility Program Plans, Goals, and Related Procedures [Repealed] › Section 547.85 - Employee Selection. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-21-2000; operative 12-21-2000 pursuant to Government Code
						section
						18214
						(Register 2000, No. 51).
2. Change without regulatory effect
						repealing section filed 7-30-2015 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2015, No. 31).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  19400-
						  19403,
						  19405 and
						  19406,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.8 - Upward Mobility [Repealed] › Article 2 - Upward Mobility Program Plans, Goals, and Related Procedures [Repealed] › Section 547.86 - Upward Mobility Goals. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-21-2000; operative 12-21-2000 pursuant to Government Code
						section
						18214
						(Register 2000, No. 51).
2. Change without regulatory effect
						repealing section filed 7-30-2015 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2015, No. 31).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  19400-
						  19403,
						  19405 and
						  19406,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.8 - Upward Mobility [Repealed] › Article 2 - Upward Mobility Program Plans, Goals, and Related Procedures [Repealed] › Section 547.87 - Board Review and Response. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-21-2000; operative 12-21-2000 pursuant to Government Code
						section
						18214
						(Register 2000, No. 51).
2. Change without regulatory effect
						repealing section filed 7-30-2015 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2015, No. 31).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  19400-
						  19403,
						  19405 and
						  19406,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 1 - General › Section 548 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This chapter shall have special reference to the category
						of civil service appointment called "career executive assignments." Except as
						may be included in these regulations by specific reference, Chapters 3 through
						8 of Part 2 of the Civil Service Act and the regulations stemming from this
						authority do not apply to this category. Regulations adopted by the State
						Personnel Board under the provisions of the Government Code applicable to
						career executive assignments shall apply to such assignments.
1. New
						subchapter 2 (sections
						548 through
						548.145) filed 10-15-63; effective
						thirtieth day thereafter (Register 63, No. 18).
2. Amendment of NOTE
						filed 4-8-77; effective thirtieth day thereafter (Register 77, No.
						15).
3. Change without regulatory effect amending section and NOTE
						filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
Note: Authority cited: Section
						  19889,
						  Government Code. Reference: Sections
						  18546,
						  18547,
						  19889,
						  19889.2
						  and
						  19889.3,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 1 - General › Section 548.1 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is the purpose of these regulations to establish a
						system of merit personnel administration which will further the development,
						selection, and effective use of career executives in the California state civil
						service. They are general in nature and are intended to facilitate the
						multi-departmental and service wide procedures which recognize and afford
						opportunity to the most competent. Responsibility rests upon appointing powers,
						competitors and the Personnel Board alike to be sure that all actions under
						these regulations conform to the intent and goals of this
						program.
1.
						Amendment filed 12-21-73; designated effective 4-1-74 (Register 73, No.
						51).
Note: Authority cited: Section
						  19889,
						  Government Code. Reference: Section
						  19889,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 1 - General › Section 548.2 - Appointment to a CEA Position

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Appointment of any person, including a retired annuitant,
						to a CEA position is permitted only when the position has been properly
						approved by the Board pursuant to section
						548.5.
1. New
						section filed 12-14-2015; operative 1-1-2016. This regulatory action is exempt
						from the Administrative Procedure Act and OAL review pursuant to Government
						Code section
						18211.
						Submitted to OAL for filing and printing only (Register 2015, No.
						51).
Note: Authority cited: Sections
						  18502 and
						  18701,
						  Government Code. Reference: Section
						  19889,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 2 - Position Assignment › Section 548.5 - Creation or Revision of CEA Positions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before a position may be allocated for
					 inclusion in the CEA category, an appointing power shall submit to the
					 Department a notice and report of the CEA proposal. For a period of 30 calendar
					 days, the Department shall post the notice and report on the Department's
					 website. The report shall set forth with specificity the reasons for the CEA
					 proposal. The Department may require the report to contain any other
					 information or documentation it deems relevant.
(b) If the appointing power seeks to
					 substantially revise an existing CEA position, the proposal shall be posted as
					 specified in subdivision (a).
(c)
					 During the public notice period specified in subdivision (a), any interested
					 party may submit to the Department an opposition to the appointing power's CEA
					 proposal. Any interested party submitting an opposition shall also
					 simultaneously submit a copy of the opposition to the appointing power. The
					 Department may require that oppositions be on a form that is designated by the
					 Department. If an opposition(s) is submitted, the Department will take
					 appropriate steps to analyze the CEA proposal. CEA proposals that the
					 Department recommends for Board approval shall be placed on the Board
					 agenda.
(d) If no opposition is
					 timely submitted to the Department, the CEA proposal shall become effective
					 without Board action.
1. New
						article 2 (section
						548.5) and section filed
						12-14-2015; operative 1-1-2016. This regulatory action is exempt from the
						Administrative Procedure Act and OAL review pursuant to Government Code section
						18211.
						Submitted to OAL for filing and printing only (Register 2015, No. 51). For
						prior history of article 2 (sections
						548.5-548.7), see Register 86, No.
						24.
2. Change without regulatory effect amending section and adding
						NOTE filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
Note: Authority cited: Sections
						  18502 and
						  18701,
						  Government Code. Reference: Section
						  19889,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 3 - Compensation [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 3 (sections
					 548.20-548.25) filed 8-28-85;
					 effective thirtieth day thereafter (Register 85, No. 35).
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 4 - Employment Lists › Section 548.30 - Career Executive Assignment Examinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The appointing power may conduct competitive examinations
						subject to these regulations and the approval of the executive officer. The
						results of an examination may be used to make additional appointments to Career
						Executive Assignment positions that are substantially the same as the one for
						which the original examination was announced. However, the eligibility of
						persons for appointment to such positions shall be subject to either,
(a) The appointing power specifying in the
					 announcement for the original examination the additional positions for which
					 the competition shall be used to make appointments, the methods and standards
					 of evaluation to be used in the examination, and the time for which the results
					 of the original competition shall be used; or
(b) The appointing power subsequently
					 announcing that applications will be accepted as a supplement to the original
					 announcement and that all otherwise qualified persons who apply will be
					 considered with those who applied under the original announcement.
Lists of persons who apply for announced examinations
						shall be maintained by the appointing power as long as the results of the
						competition are to be used. These lists shall be kept for the purpose of
						facilitating future competition by reducing the need for repetitive evaluation
						and for the purpose of providing a record of the results of competitive
						examinations. Such lists of persons who apply and are evaluated for
						consideration for appointment shall not confer eligibility for appointment to
						other positions in the Career Executive Assignment category which are not among
						those provided for in this section.
1.
						Amendment filed 12-21-73; designated effective 4-1-74 (Register 73, No.
						51).
2. Amendment filed 8-14-79; effective thirtieth day thereafter
						(Register 79, No. 33).
3. Amendment filed 9-18-85; effective
						thirtieth day thereafter (Register 85, No. 40).
4. Change without
						regulatory effect amending opening paragraph and NOTE filed 9-16-92 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 92, No. 39).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18546,
						  19889,
						  19889.2
						  and
						  19889.3,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 4 - Employment Lists › Section 548.32 - Roster Merging. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 12-21-73; designated effective 4-1-74 (Register 73, No.
						51).
2. Repealer filed 8-14-79; effective thirtieth day thereafter
						(Register 79, No. 33).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18930,
						  18546,
						  19221 and
						  19222,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 5 - Examinations › Section 548.40 - Competitive Examinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Examinations for appointment to Career Executive Assignment positions shall be
					 competitive and of such a character as fairly to test and determine the
					 qualifications of candidates actually to perform the duties of the position to
					 be filled. Examinations may include, but need not be limited to, an assessment
					 of the candidates' character, education, experience, knowledge, skills, and
					 ability. Examinations may be assembled or unassembled, written or oral, or in
					 the form of a demonstration of skill, or any combination of these.
(b) Examinations may include a review of
					 applications, use of supplemental applications, appraisals of performance and
					 executive potential, management exercises, or structured interviews.
(c) The appointing power shall promulgate the
					 job-related evaluation criteria that will be used to assess the qualifications
					 of each candidate for the position. The appointing power shall assess each
					 candidate's qualifications for the position based upon the evaluation criteria
					 and shall compare and rank each candidate against all other candidates based
					 upon this assessment. Successful candidates shall be divided into ranks based
					 upon their scores. Limited scoring examinations may be used in the discretion
					 of the Department or designated appointing power. Each candidate shall be
					 notified in writing of his or her final score and ranking.
1.
						Amendment filed 12-21-73; designated effective 4-1-74 (Register 73, No.
						51).
2. Amendment filed 8-14-79; effective thirtieth day thereafter
						(Register 79, No. 33).
3. Change without regulatory effect amending
						NOTE filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
4. Amendment of section and NOTE
						filed 10-23-2000; operative 10-23-2000; amended and refiled 12-6-2000.
						Submitted to OAL for printing only pursuant to Government Code sections
						18211 and
						18213(a)
						(Register 2000, No. 49).
5. Amendment filed 4-27-2017; operative
						7-1-2017. Submitted to OAL for filing and printing only pursuant to Government
						Code section
						18211
						(Register 2017, No. 17).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18546,
						  19889,
						  19889.2
						  and
						  19889.3,
						  Government Code; and Alexander v. State Personnel Board (2000) 80 Cal.App.4th
						  526.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 5 - Examinations › Section 548.41 - Examination Announcements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Examinations for Career Executive
					 Assignment positions shall be publicized as widely as appears practicable. When
					 it is in the best interest of the State and of economy and efficiency,
					 examinations may be conducted with restricted publicity subject to the approval
					 of the Department.
(b) Examination
					 announcements shall conform to the provisions of Article 8, section
					 170.
1.
						Amendment filed 8-14-79; effective thirtieth day thereafter (Register 79, No.
						33).
2. Change without regulatory effect amending section and NOTE
						filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
3. Amendment of section and NOTE
						filed 4-27-2017; operative 7-1-2017. Submitted to OAL for filing and printing
						only pursuant to Government Code section
						18211
						(Register 2017, No. 17).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18933 and
						  19889,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 5 - Examinations › Section 548.42 - Refusal to Examine or Approve Appointments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may refuse to examine or to approve
						appointments to the Career Executive Assignment category for any reason
						specified in Government Code Section
						18935.
1.
						Amendment filed 12-21-73; designated effective 4-1-74 (Register 73, No.
						51).
2. Amendment filed 8-14-79; effective thirtieth day thereafter
						(Register 76, No. 33).
3. Change without regulatory effect amending
						NOTE filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
4. Change without regulatory
						effect amending section filed 7-16-2015 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2015, No. 29).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  19889,
						  19889.2
						  and
						  19889.3,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 5 - Examinations › Section 548.43 - Availability of Information on Examination Method

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The method or methods by which the appointing power
						conducted the competitive examination for appointment shall be available for
						the information of competitors upon request.
1.
						Amendment filed 8-14-79; effective thirtieth day thereafter (Register 79, No.
						33).
2. Change without regulatory effect amending NOTE filed 9-16-92
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  19889,
						  19889.2
						  and
						  19889.3,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 5 - Examinations › Section 548.44 - Security Measures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The same security precautions shall be observed in
						preparing and conducting examinations for Career Executive Assignment positions
						as are required in the preparation and conduct of other examination processes.
						Competitors likewise shall be bound by the same prohibitions and penalties
						applying to competitors in other examinations.
1.
						Amendment filed 12-21-73; designated effective 4-1-74 (Register 73, No.
						51).
2. Amendment filed 8-14-79; effective thirtieth day thereafter
						(Register 79, No. 33).
3. Change without regulatory effect amending
						NOTE filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  19889,
						  19889.2
						  and
						  19889.3,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 5 - Examinations › Section 548.45 - Inspection of Examination Papers and Executive Assessment and Potential Ratings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 12-21-73; designated effective 4-1-74 (Register 73, No.
						51).
2. Repealer filed 8-14-79; effective thirtieth day thereafter
						(Register 79, No. 33).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  19220 and
						  19221,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 5 - Examinations › Section 548.46 - Disqualification of Persons Related to Competitor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Interviewers and evaluators shall be disqualified from
						Career Executive Assignment examinations in the manner provided by Section
						197.5 for examinations for the
						general civil service.
1.
						Amendment filed 9-18-85; effective thirtieth day thereafter (Register 85, No.
						40).
2. Change without regulatory effect amending section and NOTE
						filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18930 and
						  19889.2,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 5 - Examinations › Section 548.47 - Fitness for Managerial Posts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Examinations for the Career Executive Assignment
						appointments shall give due regard to the general fitness of the competitors to
						serve in managerial posts as evidenced by demonstrated achievement and self
						development.
1.
						Amendment filed 12-21-73; designated effective 4-1-74 (Register 73, No.
						51).
2. Amendment filed 8-14-79; effective thirtieth day thereafter
						(Register 79, No. 33).
3. Change without regulatory effect amending
						NOTE filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  19889,
						  19889.2
						  and
						  19889.3,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 5 - Examinations › Section 548.48 - Ratings of Performance and Potential

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In any examination for Career Executive Assignment
						appointment the executive officer or the appointing power may make such inquiry
						into the backgrounds of the competitors and obtain such ratings of past
						performance and potential as will be helpful in determining their fitness to
						serve in a career executive assignment.
1.
						Amendment filed 12-21-73; designated effective 4-1-74 (Register 73, No.
						51).
2. Amendment filed 8-14-79; effective thirtieth day thereafter
						(Register 79, No. 33).
3. Change without regulatory effect amending
						NOTE filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
4. Editorial correction of
						printing error in HISTORY 2. (Register 92, No.
						39).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  19889,
						  19889.2
						  and
						  19889.3,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 2 - Career Executive Assignment Rules › Article 5 - Examinations › Section 548.49 - Appeals from CEA Examinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Appeals from CEA examinations shall be
					 filed in accordance with subchapter 1.2, article 2, section
					 52.4, subdivision (e)(1)(L). The
					 appeal may be based upon allegations of improprieties in the examination
					 process, including but not limited to, fraud, discrimination, erroneous
					 interpretation of minimum qualifications or significant irregularities.
(1) In order to establish a cause of action
					 for fraud, the competitor shall provide evidence demonstrating the following:
(A) a misrepresentation or a material
					 omission of fact;
(B) which was
					 false and known to be false by the appointing power;
(C) made for the purpose of inducing the
					 competitor to rely upon the misrepresentation or material omission;
(D) justifiable reliance of the competitor on
					 the misrepresentation or material omission; and
(E) resulting injury.