California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 10 - Whistleblower Retaliation Complaint Process › Section 67.6 - Findings of the Executive Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Officer shall issue a
					 Notice of Findings within 60 business days of the date the Executive Officer
					 accepts the complaint pursuant to Section
					 67.3, unless the complaining party
					 agrees, in writing, to extend the period for issuing the findings, or unless
					 the time period is otherwise tolled. The Notice of Findings shall be served
					 upon all parties to the complaint, as well as any non-party manager,
					 supervisor, employee, or appointing power found to have engaged in retaliatory
					 acts.
(b) In those cases where the
					 Executive Officer concludes that the allegations of retaliation were not proven
					 by a preponderance of the evidence, the Executive Officer shall issue a Notice
					 of Findings dismissing the complaint and that decision shall be deemed the
					 final decision of the Board. The Notice of Findings shall notify the
					 Complainant that their administrative remedies have been exhausted and that the
					 Complainant may pursue whatever judicial remedies are available to
					 them.
(c) In those cases where the
					 Executive Officer concludes that the Complainant proved one or more of the
					 allegations of retaliation by a preponderance of the evidence, the Notice of
					 Findings shall identify the allegations deemed substantiated, and any manager,
					 supervisor, employee, or appointing power found to have engaged in retaliatory
					 acts. If the Notice of Findings concludes that any individual manager,
					 supervisor, or other employee engaged in improper retaliatory acts, the Notice
					 of Findings shall identify the legal causes for discipline under section
					 19572 of
					 the Government Code.
(d) The Notice
					 of Findings shall notify any manager, supervisor, employee, or appointing power
					 found to have engaged in retaliatory acts of their right to request a hearing
					 regarding the Notice of Findings. Any such request shall be filed with the
					 Appeals Division, and served on all other parties within 30 days of the
					 issuance of the Notice of Findings. If a timely request for hearing is not
					 filed with the SPB, the Board may order any appropriate relief, including, but
					 not limited to, reinstatement, back pay, restoration of lost service credit, if
					 appropriate, compensatory damages, and the expungement of any adverse records
					 of the state employee or applicant for state employment who was the subject of
					 the alleged acts of misconduct prohibited by section
					 8547.3 of
					 the Government Code.
(e) Upon
					 receipt of a timely request for hearing, the Appeals Division shall schedule
					 the matter for a Trial Setting Conference. At least 12 calendar days prior to
					 the Trial Setting Conference, each party shall file with the Appeals Division,
					 and serve on the opposing party, a Trial Setting Conference statement setting
					 forth the party's estimated time for hearing; a list of all witnesses that the
					 party intends to call; and, the dates the party, the party's representative,
					 and the party's witnesses are unavailable for hearing.
(f) Failure of any party to appear and/or
					 proceed at a Trial Setting Conference, unless the hearing is continued for good
					 cause pursuant to Section
					 58.3, shall result in evidentiary
					 sanctions.
(g) At the Trial Setting
					 Conference, the ALJ shall schedule the matter for an evidentiary hearing. The
					 hearing shall be conducted in accordance with Article 6, beginning with section
					 56.1.
1.
						Renumbering of former section
						56.5 to new section
						67.6, including amendment of
						section and NOTE, filed 8-18-2010; operative 8-18-2010 pursuant to Government
						Code section
						11343.4
						(Register 2010, No. 34).
2. Amendment of subsections (a) and (d) and
						new subsections (e)-(g) filed 11-30-2017; operative 1-1-2018 (Register 2017,
						No. 48).
3. Amendment of section and NOTE filed 12-14-2022 subject
						to partial compliance with the Administrative Procedure Act and limited review
						by the Office of Administrative Law pursuant to Government Code section
						18215;
						operative 4-1-2023 pursuant to Government Code section
						11343.4
						(Register 2022, No. 50).
Note: Authority cited: Sections
						  18215 and
						  18701,
						  Government Code. Reference: Section
						  87164,
						  Education Code; Sections
						  8547.8,
						  18670,
						  18671.1,
						  18675,
						  19572,
						  19574,
						  19575,
						  19582,
						  19590 and
						  19683,
						  Government Code; and Section
						  6129, Penal
						  Code.