Current through Register 2024 Notice Reg. No. 38, September 20, 2024
For the purposes of this section an excluded employee is
defined in Government Code section
3527(b).
(a) The purpose of grievance and appeal
procedures is to provide for the prompt review and resolution of issues either
formally or informally at the lowest possible level.
(b) Definitions.
(1) "Grievance." A grievance is a dispute of
one or more excluded employees involving the application or interpretation of a
statute, regulation, policy or practice that falls under the jurisdiction of
the Department.
(2) "Non-Merit
Statutory Appeal." A non-merit, statutory appeal is: an appeal of transfer in
accordance with Government Code sections
19994.2,
19994.3
and
19994.4; a
petition to set aside resignation in accordance with section 19996.1; an appeal
for reinstatement after automatic resignation (AWOL) in accordance with
Government Code section
19996.2;
or an appeal of layoff in accordance with Government Code section
19997.14.
(c) Grievance Procedures. Each appointing
power may establish in writing a procedure for the resolution of grievances of
its excluded employees and any such procedure shall be subject to the review
and approval by the Department. However unless such a procedure is established,
the appointing power shall follow the standard grievance procedure prescribed
by the Department in subsection (d).
(d) Standard Grievance Procedure. Each party
involved in a grievance shall attempt to resolve the grievance promptly. Every
effort should be made to complete required actions within the time limits
contained in the grievance procedure. However, with the mutual consent of the
parties, the time limit for any step may be extended.
(1) A grievance procedure shall consist of as
few levels of review as practicable; however, no procedure shall provide for
more than four levels of review.
(2) Informal Discussion. The excluded
employee or the excluded employee's representative shall discuss the grievance
with the excluded employee's immediate supervisor. If the grievance is not
settled within five (5) work days, a written grievance may be filed.
(3) Formal Grievance -- Level 1. A formal
grievance may be filed no later than ten (10) work days after the event or
circumstances occasioning the grievance. The first level of review shall
respond to the grievance in writing within ten (10) work days after the receipt
of the formal grievance.
(4) Formal
Grievance -- Level 2. The grievant may appeal the decision of the first level
within ten (10) work days after receipt of the response. Within fifteen (15)
work days after receipt of the appealed grievance, the person designated by the
appointing power as the second level of review shall respond in writing to the
grievance.
(5) Formal Grievance --
Level 3. The grievant may appeal the decision of the second level within ten
(10) work days after receipt of the response to the appointing power or his/her
designee. Within fifteen (15) work days after receipt of the appeal, the
appointing power or his/her designee shall respond in writing to the
grievance.
(6) Formal Grievance --
Level 4. The grievant may appeal the decision of the third level within ten
(10) work days after receipt of the response to the Department. Within twenty
(20) work days the Department shall respond in writing to the
grievance.
(e) Forms. The
Department shall prescribe a standard excluded employee grievance form and any
additional forms to be used in processing grievances.
(f) Representation. The excluded employee and
his/her representative, recognized by the Department in accordance with the
provisions of section
599.857 of these regulations, may
be authorized a reasonable amount of work time, as determined by the appointing
power and approved by the Department, to prepare and present a
grievance.
(g) Non-Merit Statutory
Appeals.
(1) Disputes regarding appeals of
layoff, appeals of transfer, petitions to set aside resignation, appeals for
reinstatement after automatic resignation shall be filed in writing directly
with the Department. Such appeals shall be filed in accordance with specific
time limits proscribed by applicable statute.
(2) Such appeal may be assigned to a hearing
officer for hearing or investigation. The hearing officer is the authorized
representative of the Department and is fully authorized and empowered to grant
or refuse extensions of time, to set such proceeding for hearing, to conduct a
hearing or investigation in every such proceeding, and to perform any and all
other acts in connection with such proceeding that may be authorized by law or
by this article.
(3) Rehearing.
Within thirty (30) days after service of a copy of the decision any party may
file a written petition for rehearing with the Department. Within thirty (30)
days after such filing, the Department shall serve a copy of the petition upon
the other parties to the proceeding. Within sixty (60) days after service of
the petition for rehearing, the Department shall either grant or deny the
petition in whole or in part. Failure to act upon a petition for rehearing
within the 90-day period is a denial of the petition. If a rehearing is
granted, the Department may rehear the case itself on all the pertinent parts
of the record of the prior hearing and such additional evidence and argument as
may be permitted by the Department.
(4) When Decision Becomes Final. Unless a
proper application for rehearing is made in accordance with subsection (g)(3),
every decision shall become final 30 days after service by the Department of a
copy of such decision upon the parties to the proceeding in which the decision
is rendered.
1. New
section filed 8-28-84; designated effective 8-31-84 pursuant to Government Code
section
11346.2(d)
(Register 84, No. 35).
2. Change without regulatory effect amending
section heading and text, and NOTE filed 7-17-92 pursuant to section 100, title
1, California Code of Regulations (Register 92, No. 29).
3.
Editorial correction of Reference cite (Register 95, No. 40).
4.
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
3535,
18502 and
19815.4(d),
Government Code. Reference: Sections
3535,
18714,
19994.4,
19996.1,
19996.2
and
19997.14,
Government Code.
