Current through Register 2024 Notice Reg. No. 38, September 20, 2024
For the purposes of this article, the following
definitions will apply:
(a)
Headquarters. Headquarters shall be established for each state officer and
employee and shall be defined as the place where the officer or employee spends
the largest portion of his/her regular workdays or working time, or the place
to which he/she returns on completion of special assignments, or as the
Department may define in special situations.
(1) Where an office building or similar
definite place constitutes the employee's headquarters, no per diem expenses
shall be allowed at any location within 25 miles of said headquarters as
determined by the normal commute distance.
(2) Where the major portion of an employee's
working time is spent within a specifically assigned or limited geographical
area, such as a patrol area or beat where the same routes are traveled
frequently and routinely on one-day trips, no per diem expenses shall be
allowed at any location within 25 miles from any point in this assigned area as
determined by the normal commute distance.
In order to ensure equity in special cases, agency heads
may disregard this subsection and authorize individual claims based on
subsection (1) of this regulation.
(3) In cases where adherence to the 25-mile
limitation creates an unusual and unavoidable hardship to the officer or
employee, exceptions may be granted by the Department.
(4) Employees on travel status for less than
24 hours may claim subsistence expenses incurred before or after the regularly
scheduled work day in accordance with section
599.619(a) of
these regulations or the applicable provisions of a Memorandum of
Understanding, as appropriate, provided the departure time or return time
exceeds the regularly scheduled work day by one hour.
(b) Residence. A place of primary dwelling
shall be designated for each state officer and employee. A primary dwelling
shall be defined as the actual dwelling place of the employee that bears the
most logical relationship to the employee's headquarters and shall be
determined without regard to any other legal or mailing address. However, if an
employee is temporarily required to dwell away from his/her primary dwelling
place due to official travel away from headquarters, and said primary dwelling
is either inhabited by his/her dependents or is maintained by the employee at a
net monthly expense in excess of $200, such dwelling place may be continued as
the employee's designated primary dwelling.
(1) No reimbursement for per diem or other
subsistence expenses shall be allowed on the premises of an employee's primary
dwelling.
(2) An employee shall
have only one dwelling at which travel expenses are prohibited.
(3) When an employee maintains more than one
dwelling, meeting the definition of residence set forth in section
599.616(b) of
these regulations and the employee is required to officially travel to the
location of the secondary dwelling, he/she may claim the non-commercial
subsistence allowance rates defined in section
599.619(c) or
599.621(c)(1) of
these regulations as appropriate.
(c) Travel Expenses. Travel expenses include:
(1) Per Diem Expenses. Per diem expenses
consist of the charges and attendant expenses for meals and lodging and all
charges for personal expenses incurred while on travel status.
(2) Business Expenses. Business expenses
consist of the charges for business phone calls and telegrams; emergency
clothing, equipment or supply purchases; and all other charges necessary to the
completion of official business. Any emergency purchase shall be explained, and
if over $25 must be approved by the agency head, deputy, or chief
administrative officer.
(d) Protective Services. A member of the
California State Police assigned as provided by Government Code section
14613, or
a member of the California Highway Patrol assigned to supplement state police
capabilities under Government Code section
14613, may
claim subsistence allowance for in-state travel as follows:
(1) If expenses actually incurred by the
employee while traveling with the protected individual exceed the per diem
allowance authorized for in-state travel, the employee may elect to claim the
subsistence allowance authorized by section
599.619(d) or
599.621(d) of
these regulations as appropriate.
(2) Any expense claim submitted under
subsection (1), must contain a certification by the Chief of the California
State Police naming the individual being protected and verifying that the
travel expenses were incurred while the claimant was assigned to protect said
individual.
(3) Claims submitted
under this section shall not be subject to the limitations of section
599.616(a) of
these regulations.
1. New
section filed 2-9-84 (corrected copy refiled 2-27-84); effective thirtieth day
thereafter (Register 84, No. 8).
2. Editorial correction of HISTORY
NOTES printed in error in Register 84, Nos. 8 and 12 (Register 84, No.
15).
3. Change without regulatory effect amending section and NOTE
filed 10-13-2014 pursuant to section 100, title 1, California Code of
Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
18502,
19815.4(d),
19820(a)
and
19849.5,
Government Code. Reference: Sections
11030 and
14613,
Government Code.
