California Code of Regulations
Title 2 - Administration
Division 1 - Administrative Personnel
Chapter 1 - State Personnel Board
Subchapter 1.2 - Hearings and Appeals
Article 2 - Filing with the Board
Section 52.4 - Requirements and Method of Delivery for Filing Appeals and Complaints with the Board
Universal Citation: 2 CA Code of Regs 52.4
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Appeals filed with the Board shall be subject to the following:
(a) All appeals and complaints shall be in writing.
(b) Except as otherwise provided in these Regulations, each appeal and complaint shall be filed with the Appeals Division and shall:
(1) Identify the name, address, and telephone
number of the Appellant or Complainant;
(2) If different than the Appellant or
Complainant, identify the name, address, and telephone number of the person
filing the appeal or complaint, including the State Bar number if the person
filing the appeal or complaint is an attorney;
(3) Except as provided in Government Code
section
19575,
state the facts that form the basis for appeal or complaint; and
(4) Identify all Respondents known to the
Appellant or Complainant including, for individually-named Respondents, first
and last name, job title, and business address.
(c) Unless the appeal or complaint names some other Respondent, the Appellant's or Complainant's appointing power shall be considered the only Respondent.
(d) The Appeals Division shall mail or serve a copy of the appeal or complaint to or on the Respondent(s).
(e) Time Limitations for Filing Appeals or Complaints with the Board. Except as otherwise provided in the act or these regulations, every appeal or complaint shall:
(1) be filed with the Appeals Division
within the following time limits;
(A) Appeals
from disciplinary action filed pursuant to the provisions of Government Code
sections
19575,
shall be filed within 30 days after the effective date of the notice of adverse
action;
(B) Appeals from
disciplinary action filed pursuant to the provisions of Education Code section
89539,
subdivision (a), or Government Code section
19590,
subdivision (c), shall be within 30 days of the employee's receipt of the
notice of adverse action;
(C)
Appeals from rejection during probationary period filed pursuant to the
provisions of Government Code section
19175
shall be filed within 15 days of the effective date of the notice of rejection
during probationary period;
(D)
Appeals from non-punitive transfer, demotion or termination filed pursuant to
the provisions of Government Code section
19585
shall be filed within 30 days after the effective date of the notice of
non-punitive action;
(E) Appeals
from medical transfer, demotion or termination filed pursuant to the provisions
of Government Code section
19253.5,
subdivision (f), shall be filed within 15 days of service of the notice of
medical action;
(F) Appeals from a
CEA termination filed pursuant to the provisions of Government Code section
19889.2
shall be filed within 30 days of the employee's receipt of the notice of
termination;
(G) Complaints of
whistleblower retaliation filed pursuant to the provisions of Education Code
section
87164 or
Government Code sections
8547.8 and
19683,
shall be filed within one year from the most recent act of reprisal complained
about;
(H) Requests-to-File-Charges
filed pursuant to the provisions of Government Code section
19583.5
shall be filed within one year of the event or events upon which the appeal is
based;
(I) Appeals from
constructive medical transfer, suspension, demotion, or termination shall be
filed within 30 days of the employee being notified that he or she would not be
permitted to resume the duties of their position;
(J) Appeals from the following types of cases
shall be filed within 30 days of the effective date of the action:
(i) Termination of appointment from the
Limited Examination and Appointment Program (LEAP); and
(ii) Termination or automatic resignation
from a Permanent Intermittent appointment;
(K) Appeals from pre-employment medical
disqualification, pre-employment psychological disqualification, and
pre-employment drug test failure, shall be filed within 30 days of the date of
service of the notice of disqualification;
(L) Appeals from improprieties in the civil
service examination process, including the CEA examination process, shall be
filed as follows:
(i) Appeals from
qualification appraisal interviews shall be filed within 30 days of the date
that examination results are mailed to the Appellant;
(ii) Appeals from written examinations shall
be filed within 30 days of the date that examination results are mailed to the
Appellant.
(iii) Appeals from
online examinations shall be filed within 30 days of the date that the
examination results are available to the Appellant.
(M) Petitions to Set Aside Resignations
pursuant to Education Code section
89542 shall
be filed within 30 days after the last date upon which services to the state
university or college are rendered, or the date the resignation is tendered,
whichever is later;
(N) Appeals
from Automatic Resignation for Absence Without Leave pursuant to Education Code
section
89541 shall
be filed within 90 days of the effective date of such separation. If the
appointing authority has notified the employee of the automatic resignation,
any request for reinstatement must be filed within 15 days of the service of
notice of separation;
(O) Appeals
from disciplinary action, rejection during probationary period, medical
transfer or termination, automatic resignation, layoff, refusal to hire from a
re-employment list, or grievance involving discrimination or political
affiliation, filed pursuant to the provisions of Government Code section
19800 --
19810, pertaining to Local Agencies, shall be filed in accordance with the
provisions of Title 2, Division 5, Chapter 2, Article 8, Subarticle 1, section
17550.
(P) Appeals from Withhold
from Certification shall be filed within 30 days of the date that the Notice of
Withhold from Certification is mailed to the Appellant.
(Q) Appeals challenging a Voided Appointment
shall be filed within 30 days of the effective date of the Voided Appointment.
Appeals challenging any reimbursement ordered pursuant to section
243.3, subdivision (c) shall be
filed within one year of the effective date of the Voided
Appointment.
(R) Back pay claims
and requests for back pay hearings, as described in section
61, shall be filed within one year
of the date of the board's decision giving rise to the back pay
obligation.
(2) In all
other cases, the appeal or complaint shall be filed within 30 days after the
event upon which the appeal or complaint is based.
(3) Any Appellant or complainant seeking to
file an appeal or complaint beyond the time limits in this section, must file a
petition with the Chief ALJ or his or her designee demonstrating good cause as
to why the appeal or complaint should be accepted. Upon good cause being shown,
the Chief ALJ or his or her designee may allow an appeal or complaint, except
as otherwise limited by statute, to be filed within 30 days after the end of
the period in which the appeal or complaint should have been filed.
(f) Methods of Delivery for Filing Appeals or Complaints with the Board.
(1)
Appeals or complaints delivered by electronic mail (e-mail), will be filed on
the date received by the Board.
(2)
Appeals or complaints delivered by the U.S. Postal Service are filed on the
date received by the Board. An Appellant or Complainant may obtain proof of the
filing of the appeal or complaint by submitting either an extra copy of the
appeal or complaint or the first page only, with a self-addressed, return
envelope, postage prepaid. The Appeals Division shall return the copy marked
with the date of filing.
(3)
Appeals or complaints hand delivered to the Board during regular business hours
will be filed on the date received by the Board after the filing party has
complied with applicable statutory and regulatory filing
requirements.
Note: Authority cited: Sections 18502 and 18701, Government Code. Reference: Sections 18675 and 19889.2, Government Code.
Note: Authority cited: Sections 18502 and 18701, Government Code. Reference: Sections 18675 and 19889.2, Government Code.
Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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