California Code of Regulations
Title 2 - Administration
Division 1 - Administrative Personnel
Chapter 3 - Department of Human Resources
Subchapter 1 - General Civil Service Rules
Article 30 - Employment Assessment
Section 599.977 - Dispute Resolution

Universal Citation: 2 CA Code of Regs 599.977

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

Candidates disqualified in the psychological screening process may dispute the decision utilizing the following Dispute Resolution Process.

(a) Prior to a final determination by the Screening Program to withhold a candidate from certification based upon the Screening Program's Chief Psychologist's or designee's decision to accept the Report of Findings disqualifying the candidate from consideration, the Screening Program shall mail to the candidate:

(1) a letter of disqualification with instructions for disputing the decision, including information relative to obtaining an evaluation from one outside qualified professional; and

(2) a release form to be signed by:
(A) the candidate authorizing the Screening Program to release the candidate's psychological screening records to the candidate's outside qualified professional; and

(B) the outside qualified professional certifying that licensure requirements are met pursuant to section 599.973 of these regulations.

(3) Failure to return the authorization signed by the candidate within 10 working days prior to the conclusion of the 90-day timeframe in subsection (b) shall result in the closing of the Dispute Resolution Process and a final determination that the candidate will be withheld from certification in meeting the minimum psychological standards for appointment as a peace officer.

(b) Within 90 calendar days of the date of disqualification, the outside qualified professional shall submit a signed written report stating an opinion as to whether the candidate meets the minimum psychological standards for appointment as a peace officer as provided in section 599.975(a) of these regulations, together with the documentation of findings that explain and support that opinion.

(c) The candidate's dispute shall be closed if the outside qualified professional fails to submit a report within the 90-day timeframe, or where the outside qualified professional submits a report not recommending that the candidate meets the minimum psychological standards for appointment as a peace officer.

(d) The 90-day period for the outside qualified professional to submit a report may be extended based upon a showing of good cause.

(e) Upon timely receipt of a positive report from the outside qualified professional recommending that the candidate meets the minimum psychological standards for appointment as a peace officer, the candidate's dispute shall be scheduled for review by the Screening Program's Chief Psychologist who will render one of the following decisions:

(1) Where the Screening Program's Chief Psychologist reverses the disqualification following the review, the candidate will be certified as meeting the minimum psychological standards for appointment as a peace officer, and the dispute will be closed; or

(2) Where the Screening Program's Chief Psychologist does not reverse the disqualification following the review, the original decision of the Chief Psychologist as the Screening Program's designee, to withhold certification of the candidate remains final unless and until the candidate pursuant to section 599.978 of these regulations files an appeal.

1. Change without regulatory effect adopting section filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37).

Note: Authority cited: Sections 18502 and 19815.4(d), Government Code. Reference: Section 18670, Government Code.

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