reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 4.5 - Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Department" means the California Department of Human
						Resources.
1. Change
						without regulatory effect adopting section filed 9-9-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 37).
Note: Authority cited: Sections
						  18502 and
						  18701,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 5 - Employee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Employee" includes every officer and employee subject to
						the act or these regulations.
1. Change
						without regulatory effect amending section filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 5.1 - CEA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"CEA" means a career executive assignment as specified in
						Government Code section
						18547.
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: Sections
						  18547 and
						  19889,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 5.2 - Retired Annuitant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A "retired annuitant" refers to a former employee of the
						State who is receiving a retirement allowance from the Public Employees'
						Retirement System (PERS) and is reinstated temporarily in a civil service
						classification or CEA category, to which he or she is eligible, as specified in
						Government Code section
						19144, and
						which is subject to Government Code sections
						21223 and
						21224.
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: Sections
						  19144,
						  21223 and
						  21224,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 6.1 - Use of Month or Calendar Month. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 11-7-69; effective thirtieth day thereafter (Register 69, No.
						45). For prior history, see Register 68, No. 49.
2. Amendment of
						NOTE filed 4-8-77; effective thirtieth day thereafter (Register 77, No.
						15).
3. Repealer filed 8-28-85; effective thirtieth day thereafter
						(Register 85, No. 35).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Section
						  18538.1,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 6.2 - Qualifying Monthly Pay Period. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of NOTE filed 4-8-77; effective thirtieth day thereafter (Register
						77, No. 15). For prior history, see Register 69, No. 45.
2.
						Amendment filed 11-15-78; effective thirtieth day thereafter (Register 78, No.
						45).
3. Amendment filed 10-3-80; effective thirtieth day thereafter
						(Register 80, No. 40).
4. Repealer filed 8-28-85; effective
						thirtieth day thereafter (Register 85, No. 35).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18538.1
						  and
						  19533.04,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 6.3 - Qualifying Monthly Pay Period for Hourly and Daily Rate Employees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 10-3-80; effective thirtieth day thereafter (Register 80, No.
						40).
2. Repealer filed 8-28-85; effective thirtieth day thereafter
						(Register 85, No. 35).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  18538.1,
						  19530 and
						  19533.04,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 6.4 - Break in Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of the act and these regulations, an
						employee shall be deemed to have a break in the continuity of his or her state
						civil service due to a permanent separation only if:
(a) the employee permanently separates from
					 state service as defined by Section
					 446 and
(b) then remains outside state service for at
					 least eleven consecutive working days.
1. New
						section filed 8-28-85; effective thirtieth day thereafter (Register 85, No.
						35).
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
						  19996.1
						  and
						  19998.3,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 7 - Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Regulations" means the regulations of the
						board.
1. Change
						without regulatory effect amending section filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 8 - Good Faith Appointment Requirements and Sanctions for Violation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-21-80 as procedural and organizational; effective upon filing
						(Register 80, No. 4).
2. Amendment filed 1-18-82; effective
						thirtieth day thereafter (Register 82, No. 4).
3. Change without
						regulatory effect amending opening paragraph, subsections (a)(7) and (b)(3)
						filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
4. Change without regulatory
						effect repealing section filed 9-9-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 37).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  19257,
						  19257.5,
						  19572,
						  19583.5,
						  19680,
						  19681,
						  19682 and
						  19683,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 9 - Compensation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The word "compensation" as used in Government Code
						Section
						19257
						includes salary, vacation, sick leave, health benefits, retirement benefits,
						salary step advancement and State service credit for determining vacation
						earning rates and eligibility for a salary above the minimum rate when legally
						appointed to the class, Industrial Disability Leave, Nonindustrial Disability
						Insurance benefits and red circle rates. "Compensation" also includes the
						continuity of service when used to determine the employee's eligibility for
						these compensation items.
"Compensation" as used in Government Code Section
						19257 does
						not include tenure in a position, seniority credits, permissive reinstatement,
						eligibility, mandatory reinstatement rights, eligibility to take promotional
						examinations, career credits, permanent or probationary status and service
						toward completion of the probationary period; nor continuity of service when
						used to determine the employee's right to or eligibility for any of the
						foregoing.
1. New
						section filed 1-18-82; effective thirtieth day thereafter (Register 82, No.
						4).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Section
						  19257,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 10 - Disability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Individual with a disability" means any individual who
						has a mental or physical disability, as those terms are defined in Government
						Code section
						12926.
1. New
						section filed 10-20-94; operative 11-21-94 (Register 94, No. 42).
2.
						Amendment of section and NOTE filed 11-30-2017; operative 1-1-2018 (Register
						2017, No. 48).
Note: Authority cited: Sections
						  18701,
						  19231 and
						  19792,
						  Government Code. Reference: Sections
						  12926,
						  19230 and
						  19231,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 11 - LEAP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"LEAP" means the Limited Examination and Appointment
						Program.
1. New
						section filed 12-2-2015; operative 1-1-2016 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 49).
Note: Authority cited: Sections
						  18502,
						  18701,
						  19240 and
						  19241,
						  Government Code. Reference: Sections
						  18500 and
						  18522,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 12 - Hiring Manager

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Hiring manager" means the manager who has the critical
						role in deciding which candidate to hire for a job vacancy. While the details
						of a hiring manager's role may vary from agency to agency, the hiring manager
						reviews resumes, applications, and other relevant information during the
						selection process. The candidate who is appointed reports directly to the
						hiring manager or is in the hiring manager's chain of
						command.
1. New
						section filed 12-2-2015; operative 1-1-2016 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 49).
Note: Authority cited: Sections
						  18502 and
						  18701,
						  Government Code. Reference: Section
						  19050,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 12.1 - Hiring Manager's Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Hiring Manager's Report" means the list of candidates
						who are eligible for a job vacancy. During the selection process, the Hiring
						Manager's Report is provided to the hiring manager, hiring panel, and any other
						person with authority to approve the appointment.
1. New
						section filed 12-2-2015; operative 1-1-2016 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 49).
Note: Authority cited: Sections
						  18502 and
						  18701,
						  Government Code. Reference: Section
						  19050,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 13 - Shall, Should, May, and Best Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In determining whether compliance with a law, regulation,
						rule or policy is achieved, the following definitions apply:
(a) "Shall" means action which is necessary
					 to achieve compliance and no alternative courses of action are acceptable to
					 achieve compliance.
(b) "Should"
					 means action which is preferable to achieve compliance, while recognizing that
					 there are circumstances where alternative courses of action are open to
					 users.
(c) "May" means action which
					 is an acceptable course to achieve compliance, but alternative courses of
					 action are also acceptable.
(d)
					 "Best Practices" means a technique or methodology that, through experience and
					 research, has been proven to reliably lead to a desired result, while
					 recognizing that alternative techniques or methodologies are open to
					 users.
1. New
						section filed 11-30-2021; operative 1-1-2022. Submitted to OAL for filing and
						printing only pursuant to Government Code section
						18211
						(Register 2021, No. 49).
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 2 - General Provisions › Section 21 - Citation of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each section of these regulations is a regulation of the
						board and may be cited as such. Thus, this section, whether appearing in the
						California Code of Regulations or elsewhere, may be cited as "Section
						21" or "2 CCR
						21."
1. Change
						without regulatory effect amending section heading and text filed 9-16-92
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 2 - General Provisions › Section 22 - Effect of Headings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Article and section headings contained herein shall not
						be deemed to govern, limit, modify or in any manner affect the scope, meaning,
						or intent of the provisions of any article or section hereof.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 2 - General Provisions › Section 23 - Continuing Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of these regulations, insofar as they are
						substantially the same as regulations of the board superseded hereby and
						relating to the same subject matter, shall be construed as restatements and
						continuations and not as new enactments. Rights, privileges, and remedies
						accrued under any regulations superseded by these regulations are continued in
						full force and effect unless abolished by some contrary provision
						herein.
1. Change
						without regulatory effect amending section filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 2 - General Provisions › Section 24 - Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order that the work of the board may be expedited, the
						appointing power of every state agency shall file with the board such reports
						as the board or the executive officer may require. Reports shall be submitted
						on such forms and filed at such times as may be prescribed by the board or the
						executive officer.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 2 - General Provisions › Section 25 - State Civil Service Appointments and Promotions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Article VII of the California Constitution, state civil
						service laws and regulations, and the merit principle apply to all appointments
						and promotions in state civil service regardless of the budget allotment from
						which the salary or wage is payable, including blanket position
						allotments.
1. New
						section filed 12-2-2015; operative 1-1-2016 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 49).
Note: Authority cited: Sections
						  18660 and
						  18701,
						  Government Code. Reference: Article VII, Sections
						  1 and
						  3, California
						  Constitution.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 2 - General Provisions › Section 26 - Record Retention Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Unless otherwise specified herein, appointing powers shall retain the following
					 records for a minimum of five years from the date of creation of the record:
(1) Affirmative action and equal employment
					 opportunity (EEO) records, including, but not limited to, policies and
					 procedures, EEO officer's duty statement, and complaint and response
					 records;
(2) Examination records,
					 including, but not limited to, the examination bulletin, examination planning
					 documents and/or forms, job analysis, list of accepted and rejected candidates,
					 all applications received with accepted and rejected notations, minimum
					 qualification verifications, any notices sent to candidates, examination
					 questions, model answer sheets, candidate answer sheets, rating criteria,
					 rating sheets and rater's notes for each candidate;
(3) Merit, selection, and appointment
					 records, including, but not limited to, the duty statement of the position
					 being filled, all job announcements and bulletins, all applications received
					 for the job opening, minimum qualification verifications, all documentation
					 related to the selection instrument(s) or procedures(s) used, records
					 documenting the reasons why the selected candidate was hired for the position,
					 the Request for Personnel Action, the Notice of Personnel Action, probationary
					 reports, loyalty oaths and oaths of office, and history of mandated training.
					 These records also include employee disciplinary records, except the minimum
					 five-year record retention requirement does not apply to specified disciplinary
					 records if Government Code section
					 19589, a
					 stipulated settlement agreement between the employee and appointing power, or a
					 collective bargaining agreement between the state and a recognized employee
					 organization provides otherwise; and
(4) Records related to established positions
					 that describe the title, series, grade, duties, and responsibilities of the
					 position, regardless of the funding source, and any requests for classification
					 of new positions or reclassification of existing positions.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 2 - General Provisions › Section 27 - Human Resources Liaison Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any employee who has been designated by his or her agency
						to coordinate or act as a liaison for human resources activities, regardless of
						his or her specific working title, shall obtain training as deemed appropriate
						by the Department. A certificate of completion of training shall be maintained
						pursuant to section
						26.
1. New
						section 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: Section
						  18720,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 3 - Administration › Section 31 - Regular Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The time and place of each regular meeting of the board
						shall be fixed by the board not less than one month preceding the date of the
						meeting.
1.
						Amendment filed 3-9-59; effective thirtieth day thereafter (Register 59, No.
						5).
2. Amendment of NOTE filed 4-8-77; effective thirtieth day
						thereafter (Register 77, No. 15).
NOTE: Reference: Sections
						  18652 and
						  18653,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 3 - Administration › Section 32 - Special Meetings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 10-26-79; effective thirtieth day thereafter (Register 79, No.
						43).
2. Repealer 12-31-85; effective thirtieth day thereafter
						(Register 86, No. 1).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Section
						  11125,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 3 - Administration › Section 33 - Emergency Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Emergency meetings of the board shall be called by the
						president of the board at any time and place within the State of California
						upon the request of not less than three members of the board.
1.
						Amendment filed 12-31-85; effective thirtieth day thereafter (Register 86, No.
						1).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  11125.5
						  and
						  18653,
						  Government Code
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 3 - Administration › Section 34 - Calendar

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All matters to
					 be presented for consideration by the board at a regular meeting shall be
					 placed upon the board's calendar without undue delay. The calendar agenda shall
					 be distributed to every party who has requested a copy at least ten days prior
					 to such regular meeting.
(b) The
					 non-hearing calendar is defined as agenda items submitted by either the board
					 staff or the Department of Personnel Administration staff which the executive
					 officer determines can be acted upon by the board without a hearing.
(c) Interested parties with concerns or who
					 oppose any item on the non-hearing calendar may submit a written notice to the
					 executive officer stating the nature of the concern or opposition, and
					 explaining how the issue of concern is a merit employment matter within the
					 board's scope of authority as set forth in the State Civil Service Act
					 (Government Code Section
					 18500 et
					 seq.) and Article VII, California Constitution. Such written notice must be
					 received by the executive officer not later than close of business on the
					 Wednesday before the board meeting at which the item is scheduled.
(d) In investigating matters outlined in
					 subsection (c) the executive officer shall act as the board's authorized
					 representative, and shall recommend to the board either (1) to act on the
					 agenda item as submitted, without a hearing or (2) to hear the item, including
					 a staff recommendation on resolution of the merit issues in dispute.
1.
						Amendment filed 3-9-59; effective thirtieth day thereafter (Register 59, No.
						5).
2. Repealer of NOTE filed 4-8-77; effective thirtieth day
						thereafter (Register 77, No. 15).
3. Amendment filed 12-31-85;
						effective thirtieth day thereafter (Register 86, No. 1).
4.
						Amendment of section filed 9-30-91; operative 10-30-91 (Register 91, No.
						52).
5. Editorial correction adding inadvertently omitted subsection
						(d) (Register 95, No. 5).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  11125,
						  18654.5
						  and
						  18675,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 3 - Administration › Section 34.5 - Notice of Regular Meeting Agenda

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever notice of an agenda item is required to be given
						of matters to be heard or considered by the board and a different method is not
						provided, the executive officer shall cause a notice to be posted at the office
						of the board at Sacramento at least ten (10) days before the date of hearing
						giving the nature of the matter and giving notice that all persons interested
						may appear, at a time and place mentioned in the notice, in support of or in
						opposition to the matter. Notice of agenda item shall be provided at least ten
						days in advance of the meeting date, to any person who requests such notice in
						writing. In cases of emergency the executive officer may shorten the period of
						notice to not less than one (1) hour.
1. New
						section filed 11-7-49 (Register 18, No. 5).
2. Amendment of NOTE
						filed 4-8-77; effective thirtieth day thereafter (Register 77, No.
						15.
3. Amendment filed 12-31-85; effective thirtieth day thereafter
						(Register 86, No. 1).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  11125,
						  11125.5
						  and
						  18575,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 3 - Administration › Section 35 - Continuances of Items Under Submission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All matters appearing on the calendar that are not
						disposed of by a motion to vote by the board shall be considered as items under
						submission and shall appear on subsequent calendar(s) as items of unfinished
						business until such a motion is made.
Items may be taken under submission whenever time does
						not permit sufficient deliberation to call for a motion to vote or when the
						board requires additional information prior to voting.
1.
						Amendment filed 12-31-85; effective thirtieth day thereafter (Register 86, No.
						1).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Section
						  18653,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 3 - Administration › Section 35.5 - Reconsideration and Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In any meeting of the board, a vote of three concurring
						members is required to make any action effective whether that action is to
						grant or deny an appeal, request, or other matter properly before the board.
						Where a matter requires such action and a motion to take such action fails for
						lack of three concurring votes, the matter shall not be dropped from the
						calendar. Upon the adoption of a motion to reconsider made by any member of the
						board at the same, or succeeding meeting, the matter shall be reconsidered. If
						a motion to reconsider is not adopted within three months, the matter shall be
						dropped from the calendar and the appeal or request shall be deemed
						denied.
A member of the board may participate in the
						reconsideration of a matter even though the member was not present during the
						original consideration if the interested parties agree or if the member has
						reviewed a transcript of the proceedings and the documents and other materials
						before the board.
1. New
						section filed 6-8-59; effective thirtieth day thereafter (Register 59, No.
						9).
2. Amendment of NOTE filed 4-8-77; effective thirtieth day
						thereafter (Register 77, No. 15).
3. Amendment filed 12-31-85;
						effective thirtieth day thereafter (Register 86, No.
						1).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Section
						  18653,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 3 - Administration › Section 36 - Roster. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-7-49 (Register 18, No. 5).
2. Amendment of NOTE
						filed 4-8-77; effective thirtieth day thereafter (Register 77, No.
						15).
3. Notice of Repeal filed 6-25-87 by OAL pursuant to Government
						Code Section
						11343.8;
						operative 7-25-87 (Register 87, No. 26).
Note: Reference: Section
						  18704,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 3 - Administration › Section 37 - Delegation Authority of the Board, Executive Officer, and the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever it is stated in these regulations that the
						"Board" may or shall exercise or discharge any power, duty, purpose, function,
						or jurisdiction, the State Personnel Board specifically has reserved the same
						for its own, exclusive action. Whenever it is stated that the "Board" or the
						"Executive Officer" may or shall exercise or discharge any power, duty,
						purpose, function, or jurisdiction, either the State Personnel Board or the
						Executive Officer thereof may take action thereon. Whenever it is stated that
						the "Executive Officer" may or shall exercise or discharge any power, duty,
						purpose, function, or jurisdiction, the Executive Officer of the State
						Personnel Board has the exclusive power to act thereon. Whenever it is stated
						that the "Department" may or shall exercise or discharge any power, duty,
						purpose, function, or jurisdiction, the Department, or an appointing power
						delegated by the Department, has the power to act thereon in accordance with
						Board regulations. Any party in interest may appeal to the State Personnel
						Board for review of the actions and decisions of the Executive Officer or the
						actions and decisions of the Department made to operate and administer the
						state civil service system, as set forth in Government Code section
						18502,
						subdivision (a)(2).
Nothing herein prohibits the Executive Officer from
						redelegating to subordinates or to an appointing power he or she designates as
						provided by Section
						18654 of
						the Government Code.
1. New
						section filed 7-10-56; effective thirtieth day thereafter (Register 56, No.
						13).
2. Amendment of section and NOTE filed 4-8-77; effective
						thirtieth day thereafter (Register 77, No. 15).
3. Amendment filed
						11-20-87; operative 12-20-87 (Register 87, No. 48).
4. Change
						without regulatory effect amending section filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
5. Change without regulatory
						effect amending section heading, section and NOTE filed 9-9-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 37).
Note: Authority cited: Sections
						  18502 and
						  18701,
						  Government Code. Reference: Sections
						  18654,
						  18930.5,
						  18935,
						  18938.6
						  and
						  18939,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 3.5 - Selection Standards › Section 50 - Merit Selection Manual

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each agency and department with delegated or
						decentralized selection responsibilities shall develop and maintain a selection
						program as specified in the State Personnel Board's
Merit Selection
						Manual: Policy and Practices,
dated October 2003, and in accordance
						with existing laws and rules. The State Personnel Board's
Merit
						Selection Manual: Policy and Practices
, dated October 2003, is hereby
						incorporated by reference in its entirety.
1. New
						article 3.5 (section
						50) and section filed 2-6-2003;
						operative 2-6-2003. Submitted to OAL for printing only pursuant to Government
						Code section
						18213
						(Register 2003, No. 7).
2. Amendment of Merit Selection Manual:
						Policy and Practices (incorporated by reference) and amendment of section and
						NOTE filed 5-17-2004; operative 5-17-2004. Submitted to OAL for printing only
						pursuant to Government Code sections
						18211 and
						18213
						(Register 2004, No. 21).
3. Amendment of Merit Selection Manual:
						Policy and Practices (incorporated by reference) and amendment of section and
						NOTE filed 5-17-2004; operative 5-17-2004. Submitted to OAL for printing only
						pursuant to Government Code sections
						18211 and
						18213
						(Register 2004, No. 22).
Note: Authority cited: Sections
						  18211 and
						  18701,
						  Government Code. Reference: Article 7, Sections
						  1 and
						  3, California Constitution; and
						  Sections
						  18213,
						  18500,
						  18900,
						  18930,
						  18950 and
						  19050,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Section 51 - Scope of Article. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 11-7-49 (Register 18, No. 5).
2. Amendment of NOTE filed
					 4-8-77; effective thirtieth day thereafter (Register 77, No. 15).
3.
					 Amendment filed 4-26-90; operative 5-26-90 (Register 90, No. 22).
4.
					 Change without regulatory effect amending article heading and section filed
					 9-16-92 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 92, No. 39).
5. Renumbering of former section
					 51 to section
					 51.1 filed 8-18-2010; operative
					 8-18-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 34).
6. Change without regulatory effect
					 redesignating former article 4 as new subchapter 1.2 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: 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 1 - General Provisions › Section 51.1 - Scope of Subchapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations in this subchapter shall apply to all
						Appellants, Complainants, and Respondents and all hearings and investigative
						reviews conducted by the Board or its designees.
1.
						Renumbering and amendment of former sections
						52,
						53 and
						56 to section
						51.1 filed 4-26-90; operative
						5-26-90 (Register 90, No. 22). For prior history, see Registers 87, No. 48; and
						86, No. 1.
2. Change without regulatory effect amending opening
						sentence and subsection (c) filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
3. New subarticle 1 (sections
						51.1-51.3), renumbering of former
						section 51.1 to section
						51.2 and renumbering and amendment
						of former section
						51 to new section
						51.1 filed 8-18-2010; operative
						8-18-2010 pursuant to Government Code section
						11343.4
						(Register 2010, No. 34).
4. Change without regulatory effect
						redesignating former subarticle 1 as new article 1 filed 9-7-2010 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2010, No. 37).
5. Change without regulatory
						effect amending section heading and section filed 10-7-2010 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2010, No. 41).
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 1 - General Provisions › Section 51.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context requires otherwise, the following
						definitions shall apply to regulations in this subchapter.
(a) "Administrative Law Judge" or "ALJ" means
					 a person employed by the State Personnel Board (SPB) to conduct evidentiary
					 hearings under this article.
(b)
					 "Adverse action" means an action taken by an appointing power to discipline an
					 employee and includes formal reprimand, transfers for disciplinary reasons,
					 suspension, reduction-in-salary, demotion and dismissal.
(c) "Affirmative defense" means an assertion
					 by one party raising facts and arguments that, if true, will defeat the other
					 party's claim, even if all allegations in the other party's complaint or Notice
					 of Adverse Action are true.
(d)
					 "Agency" means any agency, department, board, commission, district, or other
					 designated entity that employs state civil service employees.
(e) "Appeal" means any written request for
					 relief or review filed as provided in these regulations and includes
					 "application," "petition," "protest," "complaint" and "answer" pursuant to
					 section
					 19575 of
					 the Government Code.
(f) "Appeals
					 division" means the Appeals Division of the State Personnel Board.
(g) "Appellant" means the person or
					 organization filing any appeal with the SPB.
(h) "Appointing authority" or "appointing
					 power" means the individual or entity that possesses the final authority to
					 appoint and/or dismiss a state employee.
(i)
(1)
(A) "Back pay" means the compensation
					 Appellant would have received from Respondent if Appellant had not been subject
					 to an adverse action, a non-punitive demotion, transfer, or termination, a
					 medical demotion, transfer, or termination, or had not been rejected during
					 employment, less any compensation Appellant earned or might reasonably have
					 earned in private or public employment during the period the action or
					 rejection was improperly in effect.
(B) Back pay shall not include overtime
					 compensation that the Appellant may have earned from Respondent during the time
					 period that Appellant was not working for Respondent due to the adverse
					 action.
(C) Back pay shall not be
					 authorized or paid for any portion of time during which Appellant was not
					 ready, able, and willing to perform the duties of his or her position, whether
					 or not the action or rejection was properly in effect.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 1 - General Provisions › Section 51.3 - Construction of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 As used in these regulations, words in the singular shall include the plural
					 and words in the plural shall include the singular, unless the context
					 otherwise requires.
(b) Statutory
					 references are to the Government Code unless otherwise specified.
(c) In these regulations, whenever a time is
					 stated within which an act is to be done, the time is computed by excluding the
					 first day, and including the last day. If the last day is any day the board is
					 closed for business, that day is also excluded.
1. New
						section filed 4-26-90; operative 5-26-90 (Register 90, No. 22).
2.
						Change without regulatory effect amending section filed 9-16-92 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 92, No. 39).
3. Amendment of subsection (a),
						repealer of subsection (a)(1), subsection renumbering, amendment of newly
						designated subsection (a)(1) and new subsection (a)(3) filed 2-17-2009;
						operative 3-19-2009. Submitted to OAL for printing only pursuant to Government
						Code section
						18211
						(Register 2009, No. 8).
4. Repealer and 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 1 - General Provisions › Section 51.4 - Contents of the Administrative Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The complete administrative record of an evidentiary,
						informal, or investigatory hearing shall include any pleadings, motions,
						notices, orders, proposed decisions, final decisions, evidence marked for
						identification and offered for introduction into the record, whether admitted
						or rejected, transcriptions of all recorded proceedings, and other written
						communication addressing substantive issues pertinent to the case. The
						administrative record shall not include any evidence that a party has
						withdrawn.
1. New
						section filed 4-12-2013; operative 4-12-2013 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2013, No. 15). For prior history, see 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 1 - General Provisions › Section 51.5 - Right to Representation. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of former section
						73 to sections
						51.4 and
						51.5 filed 4-26-90; operative
						5-26-90 (Register 90, No. 22). For prior history, see Register 85, No.
						48.
2. Renumbering of former section
						51.5 to new section
						52.9 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 1 - General Provisions › Section 51.6 - When Decisions Become Final

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A board decision on an appeal or a complaint becomes
						final the day the decision rendered by the board is served by the board upon
						the parties to the decision. This section does not apply to whistleblower
						retaliation complaints.
1.
						Renumbering and amendment of former section
						70 to section
						51.6 filed 4-26-90; operative
						5-26-90 (Register 90, No. 22). For prior history, see Register 85, No.
						48.
2. Repealer and new section and amendment of 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: Section
						  18701,
						  Government Code. Reference: Sections
						  19582 and
						  19586,
						  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 1 - General Provisions › Section 51.7 - Petitioning for Rehearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Either the appellant or the respondent may file a
						petition for a rehearing of an appeal decision under the provisions of sections
						19586 and
						19587 of
						the Government Code.
Action on petitions for rehearing shall be taken within
						90 days of the service specified in section
						19586 of
						the Government Code.
1.
						Renumbering and amendment of former section
						69 to section
						51.7 filed 4-26-90; operative
						5-26-90 (Register 90, No. 22). For prior history, see Register 85, No.
						48.
2. Change without regulatory effect amending section filed
						12-3-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 49).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Sections
						  19586 and
						  19587,
						  Government Code.