California Code of Regulations
Title 2 - Administration
Division 1 - Administrative Personnel
Chapter 1 - State Personnel Board
Subchapter 1.2 - Hearings and Appeals
Article 6 - Evidentiary Hearing Process
Subarticle 3 - Hearings
Section 58.8 - Accommodation for Persons with Disabilities

Universal Citation: 2 CA Code of Regs 58.8

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

In proceedings where an Applicant has a disability requiring accommodation either at the hearing or at any other stage of any administrative adjudication at the State Personnel Board (SPB), the Applicant shall be responsible for requesting accommodations.

(a) "Persons with disabilities" means individuals covered by California Civil Code section 51 et seq.; the Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.); or other applicable state and federal laws. This definition includes persons who have a physical or mental impairment that limits one or more of the major life activities, have a record of such impairment, or are regarded as having such an impairment.

(b) "Applicant" means any lawyer, party, witness, or other person with an interest in attending any proceeding before the SPB.

(c) "Accommodations" means actions that result in services, programs, or activities being readily accessible to and usable by persons with disabilities. Accommodations may include making reasonable modifications in policies, practices, and procedures; furnishing, at no charge, to persons with disabilities, auxiliary aids and services, equipment devices, materials in alternative formats, readers, or certified interpreters for persons with hearing impairments; relocating services or programs to accessible facilities; or providing services at alternative sites. Although not required where other actions are effective in providing access to SPB services, programs, or activities, alteration of existing facilities by the SPB may be an accommodation.

(d) Process for Requesting Accommodations

The process for requesting accommodations is as follows:

(1) Requests for accommodations may be presented ex parte on a form provided by SPB, in another written format, or orally. Requests must be forwarded to the SPB Appeals Division to the attention of the Presiding Administrative Law Judge.

(2) Requests for accommodation must include the name of the Appeal and SPB's case number, along with a description of the accommodation sought, along with a statement of the impairment that necessitates the accommodation. The SPB, in its discretion, may require the applicant to provide additional information about the impairment.

(3) Requests for accommodation must be made as far in advance as possible, and in any event must be made no fewer that 30 days before the requested implementation date. The SPB may waive this requirement for good cause.

(4) The SPB will keep confidential all information of the Applicant concerning the request for accommodation, unless confidentiality is waived in writing by the applicant or disclosure is required by law. The Applicant's identity and confidential information will not be disclosed to the public or to persons other than those involved in the accommodation process. Confidential information includes all medical information pertaining to the Applicant, and all oral or written communication from the Applicant concerning the request for accommodation.

(5) Permitted communication under this rule must address only the accommodation requested by the applicant and must not address, in any manner, the subject matter or merits of the proceedings before SPB.

(e) Response to Accommodation Request

The SPB will respond to a request for accommodation as follows:

(1) The SPB will inform the Applicant in writing, as may be appropriate, and if applicable, in an alternative format, of the following:
(A) That the request for accommodation is granted or denied, in whole or in part, and if the request for accommodation is denied, the reason therefore; or that an alternative accommodation is granted:

(B) The nature of the accommodation to be provided, if any; and

(C) The duration of the accommodation to be provided.

(f) Denial of Accommodation Request

A request for accommodation may be denied only when the SPB determines that:

(1) The applicant has failed to satisfy the requirements of this rule;

(2) The requested accommodation would create an undue financial or administrative burden on the SPB; or

(3) The requested accommodation would fundamentally alter the nature of the service, program, or activity.

(g) Review Procedure

(1) An Applicant or any participant in the proceedings in which an accommodation request has been granted or denied may seek review of a determination made by the Presiding ALJ within 10 days of the date of the response by submitting, in writing, a request for review to the Chief Administrative Law Judge or his or her designee.

(h) Duration of Accommodations

The accommodation by the SPB must be provided for the duration indicated in the response to the request for accommodation and must remain in effect for the period specified. The SPB may provide an accommodation for an indefinite period of time for a limited period of time, or for a particular matter or appearance.

1. New section filed 10-21-2010; operative 10-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 43).

Note: Authority cited: Section 18701, Government Code. Reference: Section 18675, Government Code; Section 754, Evidence Code and Judicial Rule 989.3.

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