Section 190 - Appeal from ExaminationThe provisions within this section apply to all types of exams, except CEA exams. The provisions to appeal CEA exams are provided in California Code of Regulations, title 2, section 548.49.
(a) Appeals of examinations may be submitted to the Board by the following individuals:(1) Applicants who applied to compete in the examination, but were not admitted to the examination for reasons including, but not limited to, the following: (A) the application was not received by the Department or designated appointing power by the final filing date and/or cut-off date;(B) the Department or designated appointing power rejected the application; or(C) the Department or designated appointing power denied the application having determined the application does not meet the minimum qualifications of the classification upon which the exam is based.(2) Applicants who were admitted to and competed in the examination.(b) Appeals of examinations submitted to the Board shall be based upon one or more of the following grounds: fraud, discrimination, erroneous interpretation of minimum qualifications or significant irregularities. (1) In order to establish a cause of action for fraud, the competitor shall provide evidence demonstrating the following: (A) a misrepresentation or a material omission of fact;(B) which was false and known to be false by the appointing power;(C) made for the purpose of inducing the competitor to rely upon the misrepresentation or material omission;(D) justifiable reliance of the competitor on the misrepresentation or material omission; and(2) Appeals alleging discrimination in the examination process require evidence that demonstrates illegal discrimination on a basis prohibited under California's Fair Employment and Housing Act. (Gov. Code, §§ 12900, et seq.) The appeal shall establish a connection between the complained of activity and the individual's status as a member of a protected class.(3) For purposes of this section, "erroneous interpretation of minimum qualifications" is considered to have occurred when the Department or designated appointing power makes an inaccurate analysis of the applicant's qualifications to compete in the examination and, as a result, an otherwise qualified applicant is not admitted to compete in the exam.(4) A significant irregularity occurs when the examination is not administered as outlined on the bulletin, the examination method was not applied fairly to all competitors, or the examination does not test and determine the qualifications, fitness and ability of the competitors to perform the duties of the classification(s) in the exam.(c) Appeals of examination shall be filed with the Board's Appeals Division in accordance with California Code of Regulations, title 2, section 52.4 subdivision (e)(1)(L).(d) If the Board grants the appeal, the Board may order remedies including, but not limited to, voiding the examination, abolishing the eligibility list, and/or voiding any appointments made therefrom.Cal. Code Regs. Tit. 2, § 190
1. Amendment filed 4-8-77; effective thirtieth day thereafter (Register 77, No. 15). For prior history, see Register 10, No. 8.
2. Change without regulatory effect amending section and adding NOTE filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37).
3. Amendment of section heading and repealer and new section filed 7-6-2023; operative 10-1-2023 (Register 2023, No. 27). Note: Authority cited: Sections 18502, 18660 and 18701, Government Code. Reference: Section 18670, Government Code.
1. Amendment filed 4-8-77; effective thirtieth day thereafter (Register 77, No. 15). For prior history, see Register 10, No. 8.
2. Change without regulatory effect amending section and adding Note filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37).
3. Amendment of section heading and repealer and new section filed 7-6-2023; operative 10/1/2023 (Register 2023, No. 27).