California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 5 - Personnel
Article 2 - Employees
Section 3392.10 - Temporary Involuntary Transfer

Universal Citation: 15 CA Code of Regs 3392.10

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A hiring authority may temporarily involuntarily transfer an employee while the employee is under investigation or to prevent misconduct that could lead to adverse action while an investigation is pending.

(b) Transfer under this section means to transfer the employee either to another position in the same class at the same location or from one location to another consistent with Government Code section 19994.1.

(c) In evaluating the need for transfer, hiring authorities shall consider the nature of the allegation(s), and whether the staff member has previously been the subject of a staff misconduct allegation or found to have committed misconduct similar to the current allegation(s).

(d) The hiring authorities shall consider whether transfer is necessary on an ongoing basis throughout the investigation.

(e) Temporary Involuntary Transfer shall be considered by each hiring authority as an alternative to the use of Administrative Time Off.

1. New section filed 12-28-2021 as an emergency; operative 1-1-2022 (Register 2021, No. 53). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-9-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-13-2022 as an emergency; operative 6-13-2022 (Register 2022, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-13-2022 order, including renumbering of former section 3392.9 to new section 3392.10 and amendment of NOTE, transmitted to OAL 9-12-2022 and filed 9-29-2022; amendments effective 9-29-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 39).

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Section 5054, Penal Code; Section 19994.1, Government Code; Armstrong et al. v. Newsom et al., United States District Court for the Northern District of California, Court Case number 94-cv-02307-CW, Madrid v. Woodford, Special Masters Final Report Re: Department Of Corrections Post Powers Investigations And Employee Discipline; Case No. C90-3094-T.E.H. and Madrid v. Woodford, Order; Case No. C90-3094-T.E.H. Class Action.

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