Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The following types of appointments are
not subject to the SROA Program and require no prior SROA approval, providing
the criteria set forth below are met.
(1) The
appointment is from a reemployment list.
(2) The appointment is a mandatory
reinstatement to the same class, same agency.
(3) The appointment is an intra-agency
transfer to the same class.
(4) The
appointee is a retired annuitant, pursuant to Government Code section
19144.
(5) The appointment is to a full-time
position from a reduced worktime position. This applies only to a permanent
full-time employee who voluntarily reduced his/her time base under the reduced
Worktime Act (Government Code section
19996.20
et seq.) and is returning to full-time work in the same class in the same
agency.
(6) The appointment is a
promotion-in-place; there is no true vacant position, there is no change of
position, or supervisory/subordinate relationship; and the promotion is clearly
identified as typical in cases where the employee has reached the next higher
level within a class series. Promotions that do not meet this criterion are
subject to the SROA Program.
(b) Special exemptions to the SROA Program
must be requested in writing by the appointing power and approved in advance by
the Department. Blanket exemptions will not be granted.
(c) The following types of appointments and
extraordinary circumstances shall qualify for a special exemption to the SROA
Program.
(1) Placement of a disabled worker
to an appropriate class, as recommended and/or approved by a physician, for
reasonable accommodation pursuant to Government Code section
19230(c).
The exemption request requires a written request with a full explanation of the
situation and copy of the doctor's supporting statement.
(2) Voluntary employee transfers, between
classes within an agency, are not restricted when they are made in conformance
with a written plan, approved in advance by the Department.
(3) If an appointing power wishes to fill a
vacancy in a SROA class, with an inter-agency transfer, the vacancy left in the
other agency must be filled using the SROA program. Consideration will be given
to the classes offered in the exchange, the salary relationship between the
classes and the geographical location of the vacant position being offered.
These transactions must be approved by the Department prior to the transfer
actually taking place.
(4)
Emergency and Limited-Term appointments of less than nine months duration when
there is no possibility of a permanent appointment.
(5) Limited Examination Appointment Program
(LEAP) appointments. Before a LEAP eligible can be initially hired the
appointing power must first request and receive approval for a SROA exemption.
When a LEAP eligible has successfully completed the Temporary Authorization
(State Personnel Board rule 265) period the appointing power may make a
permanent appointment for that person without requesting another SROA
exemption.
(d) Requests
for special exemptions based on critical hiring needs will be granted only when
the appointing power has demonstrated that the SROA candidates do not have the
knowledge, skills and background required for the position, or that the
training period required to qualify the SROA candidate would be of such length
that the effectiveness of a specific program would be jeopardized unless the
exemption is granted.
1. New
section filed 8-28-90; operative 9-27-90 (Register 90, No. 42).
2.
Change without regulatory effect amending section heading and subsections (a),
(c)(1), and (c)(3) filed 4-2-92 pursuant to section 100, title 1, California
Code of Regulations (Register 92, No. 14).
3. Change without
regulatory effect amending subsections (a)(4)-(b) and (c)(1)-(3) and amending
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)
and
19820,
Government Code. Reference: Sections
19998 and
19998.1,
Government Code.
