Section 67.7 - Disciplinary Action for Proven Retaliatory Acts(a) In those cases where the Board issues a final decision that finds that a manager, supervisor, or other state civil service employee who is a named party to the retaliation complaint has engaged in improper retaliatory acts and those acts constitute legal cause for discipline, the Board shall order the appointing authority to place a copy of the Board's decision in that individual's Official Personnel File within 30 days of the issuance of the Board's order and to also, within that same time period, notify the Office of the State Controller of the disciplinary action taken against the individual. The appointing authority shall also, within 40 days of the issuance of the Board's order, notify the Board that it has complied with the provisions of this subdivision. (1) In accordance with the provisions of Penal Code section 6129, subdivision (c)(3), any employee of the Department of Corrections and Rehabilitation found to have engaged in retaliatory acts shall be disciplined by, at a minimum, a suspension without pay for 30 days, unless the Board determines that a lesser penalty is warranted. In those instances where the Board determines that a lesser penalty is warranted, the decision shall specify the reasons for that determination.(b) In those cases where the Board issues a final decision that finds that any community college administrator, supervisor, or public school employee, has engaged in improper retaliatory acts, the Board shall order the appointing authority to place a copy of the Board's decision in that individual's Official Personnel File within 30 days of the issuance of the Board's order and also, within 40 days of the issuance of the Board's order, notify the Board that it has complied with the provisions of this subdivision.(c) Any decision, as described in subdivision (a) or (b), shall be deemed a final decision of the Board and the individual against whom the disciplinary action was taken shall not have any further right of appeal to the Board concerning that action, with the exception of a Petition for Rehearing.(d) In those cases where the Board issues a final decision that finds that a non-party manager, supervisor, or employee may have engaged in improper retaliatory acts, the Board shall notify the manager's, supervisor's, or employee's appointing power of that fact in writing and provide the appointing power with a copy of the Board's final decision. (1) Within 60 calendar days after receiving the notification, the appointing power shall either serve a notice of adverse action on the manager, supervisor, or employee, or set forth in writing its reasons for not taking adverse action against the manager, supervisor, or employee and submit the reasons for not doing so to the Board.(e) For purposes of this Section, the Board's decision is deemed to be final after: (1) 30 days has elapsed from the date the Executive Officer issued their Notice of Findings dismissing the complaint; or(2) a request for hearing pursuant to section 67.6, subdivision (d), has not been timely filed with the Board; or(3) 30 days has elapsed from the date that the Board has issued a decision adopting or modifying the proposed decision submitted by an administrative law judge after an evidentiary hearing and a Petition for Rehearing concerning that decision has not been filed with the Board; or(4) a decision has been issued by the Board after a hearing before that body and no Petition for Rehearing concerning that decision has been filed with the Board.Cal. Code Regs. Tit. 2, § 67.7
1. Renumbering of former section 56.6 to new section 67.7, 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 (d)(2) filed 10-7-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 41).
3. Amendment of subsection (a), new subsections (d)-(d)(1), subsection relettering, amendment of newly designated subsections (e)(1)-(2) and amendment of 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 8547.3, 8547.8, 18670, 18671, 18675, 18710, 19572, 19574, 19582, 19583.5, 19590, 19592 and 19683, Government Code; and Section 6129, Penal Code.
1. Renumbering of former section 56.6 to new section 67.7, 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 (d)(2) filed 10-7-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 41).
3. Amendment of subsection (a), new subsections (d)-(d)(1), subsection relettering, amendment of newly designated subsections (e)(1)-(2) and amendment of 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).