Section 67.3 - Acceptance of Whistleblower Complaint(a) Within 10 business days of receipt of the complaint, the Appeals Division shall determine whether it has jurisdiction over the complaint and whether the Complainant meets the filing requirements set forth in Section 67.2. The Appeals Division shall also determine whether the complainant has complied with all other requirements for filing a retaliation complaint, as set forth in Government Code sections 8547- 8547.12 and 19683 and/or Education Code sections 87160- 87164.(b) If the Appeals Division determines that the complaint does not meet all filing requirements, it shall notify the complaining party in writing that the complaint has not been accepted and the reason(s) for that determination. The complaining party may thereafter be permitted to file an amended complaint within 10 business days of service of the notice of non-acceptance of the complaint.(c) Unless time is extended by the complaining party in writing, the Executive Officer shall, within 10 business days of receipt of the complaint or amended complaint, notify the complaining party of a decision to either:(1) dismiss the complaint for failure to meet jurisdictional or filing requirements; or(2) refer the case for investigation in accordance with the provisions of section 67.4; or(3) schedule the case for an informal hearing before a hearing officer in accordance with the provisions of section 67.5.(d) Except for those complaints amended pursuant to subsection (b), any amendment for a whistleblower retaliation complaint may only be accepted upon a showing of good cause.(e) In accordance with the provisions of Penal Code section 6129, the SPB shall be entitled to defer review of a complaint filed by an employee of the Department of Corrections and Rehabilitation in those cases where the employee has filed a similar complaint with the Office of the Inspector General.Cal. Code Regs. Tit. 2, § 67.3
1. Renumbering of former section 56.2 to new section 67.3, including amendment of section and NOTE, filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
2. Change without regulatory effect amending subsection (c)(3) filed 1-6-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 1).
3. Amendment of subsection (a) filed 11-30-2017; operative 1-1-2018 (Register 2017, No. 48). Note: Authority cited: Section 18701, Government Code. Reference: Sections 87160- 87164, Education Code; Sections 8547- 8547.2, 8547.8, 18670, 18671, 18675, 19572, 19574, 19575, 19683 and 19590, Government Code; and Section 6129, Penal Code.
1. Renumbering of former section 56.2 to new section 67.3, including amendment of section and Note, filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
2. Change without regulatory effect amending subsection (c)(3) filed 1-6-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 1).
3. Amendment of subsection (a) filed 11-30-2017; operative 1/1/2018 (Register 2017, No. 48).