California Code of Regulations
Title 2 - Administration
Division 1 - Administrative Personnel
Chapter 1 - State Personnel Board
Subchapter 4 - Demonstration Project and Performance Based Budget Pilot Project Rules (Promulgated Under Authority of Government Code Sections 11808, 18701, and 19600)
Article 1 - Demonstration Projects-Department of General Services
Section 549.10 - Appeal from Rejection During Probation; Department of General Services-Career Management Assignment and Career Supervisory Assignment

Universal Citation: 2 CA Code of Regs 549.10

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

(a) It is the intent of the Board that the Department of General Services and the employees appointed to Career Management Assignment or Career Supervisory Assignment classes will collaborate on the performance assessment standards to be used to identify and communicate quality of performance.

(b) Employees that are rejected during probation from classes in the Career Management Assignment and Career Supervisory Assignment categories either during the original probationary period or an extension of that probationary period, will be permitted to appeal the rejection only on three grounds:

(1) discrimination;

(2) fraud;

(3) patronage. Employees will file appeals with the Personnel Board. The Personnel Board will schedule the appeal for hearing only in cases where the rejected employee has made a prima facie case at the threshold stage of the process. Appeals which do not allege and offer proof of one or more of the three grounds for appeal noted above will be dismissed with prejudice.

(c) The decision of the board to modify the action of the appointing power pursuant to this rule shall be taken only if the board determines, after investigation or hearing, that the rejection was made as a result of discrimination, fraud or patronage. In any such proceeding, the rejected employee shall have the burden of proof. Subject to rebuttal by the employee, it shall be presumed that the action was free from discrimination, fraud and patronage and that the statement of reasons in the notice of rejection during probation is true.

1. New section filed 1-30-97; operative 3-1-97 (Register 97, No. 5).
2. Amendment of subsections (b) and (c) and NOTE filed 12-3-97; operative 12-3-97. Submitted to OAL for printing only pursuant to Government Code section 19602 (Register 97, No. 49).

Note: Authority cited: Sections 18701 and 18702, Government Code. Reference: Sections 18701, 18702 and 19602, 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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.