Section 67.6 - Findings of the Executive Officer(a) The Executive Officer shall issue a Notice of Findings within 60 business days of the date the Executive Officer accepts the complaint pursuant to Section 67.3, unless the complaining party agrees, in writing, to extend the period for issuing the findings, or unless the time period is otherwise tolled. The Notice of Findings shall be served upon all parties to the complaint, as well as any non-party manager, supervisor, employee, or appointing power found to have engaged in retaliatory acts.(b) In those cases where the Executive Officer concludes that the allegations of retaliation were not proven by a preponderance of the evidence, the Executive Officer shall issue a Notice of Findings dismissing the complaint and that decision shall be deemed the final decision of the Board. The Notice of Findings shall notify the Complainant that their administrative remedies have been exhausted and that the Complainant may pursue whatever judicial remedies are available to them.(c) In those cases where the Executive Officer concludes that the Complainant proved one or more of the allegations of retaliation by a preponderance of the evidence, the Notice of Findings shall identify the allegations deemed substantiated, and any manager, supervisor, employee, or appointing power found to have engaged in retaliatory acts. If the Notice of Findings concludes that any individual manager, supervisor, or other employee engaged in improper retaliatory acts, the Notice of Findings shall identify the legal causes for discipline under section 19572 of the Government Code.(d) The Notice of Findings shall notify any manager, supervisor, employee, or appointing power found to have engaged in retaliatory acts of their right to request a hearing regarding the Notice of Findings. Any such request shall be filed with the Appeals Division, and served on all other parties within 30 days of the issuance of the Notice of Findings. If a timely request for hearing is not filed with the SPB, the Board may order any appropriate relief, including, but not limited to, reinstatement, back pay, restoration of lost service credit, if appropriate, compensatory damages, and the expungement of any adverse records of the state employee or applicant for state employment who was the subject of the alleged acts of misconduct prohibited by section 8547.3 of the Government Code.(e) Upon receipt of a timely request for hearing, the Appeals Division shall schedule the matter for a Trial Setting Conference. At least 12 calendar days prior to the Trial Setting Conference, each party shall file with the Appeals Division, and serve on the opposing party, a Trial Setting Conference statement setting forth the party's estimated time for hearing; a list of all witnesses that the party intends to call; and, the dates the party, the party's representative, and the party's witnesses are unavailable for hearing.(f) Failure of any party to appear and/or proceed at a Trial Setting Conference, unless the hearing is continued for good cause pursuant to Section 58.3, shall result in evidentiary sanctions.(g) At the Trial Setting Conference, the ALJ shall schedule the matter for an evidentiary hearing. The hearing shall be conducted in accordance with Article 6, beginning with section 56.1.Cal. Code Regs. Tit. 2, § 67.6
1. Renumbering of former section 56.5 to new section 67.6, 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. Amendment of subsections (a) and (d) and new subsections (e)-(g) filed 11-30-2017; operative 1-1-2018 (Register 2017, No. 48).
3. Amendment of section and NOTE filed 12-14-2022 subject to partial compliance with the Administrative Procedure Act and limited review by the Office of Administrative Law pursuant to Government Code section 18215; operative 4-1-2023 pursuant to Government Code section 11343.4 (Register 2022, No. 50). Note: Authority cited: Sections 18215 and 18701, Government Code. Reference: Section 87164, Education Code; Sections 8547.8, 18670, 18671.1, 18675, 19572, 19574, 19575, 19582, 19590 and 19683, Government Code; and Section 6129, Penal Code.
1. Renumbering of former section 56.5 to new section 67.6, 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. Amendment of subsections (a) and (d) and new subsections (e)-(g) filed 11-30-2017; operative 1/1/2018 (Register 2017, No. 48).
3. Amendment of section and NOTE filed 12-14-2022 subject to partial compliance with the Administrative Procedure Act and limited review by the Office of Administrative Law pursuant to Government Code section 18215; operative 4/1/2023 pursuant to Government Code section 11343.4 (Register 2022, No. 50).