Section 211 - Petitions to Participate in Examinations(a) Except as otherwise provided in section 211.2, if an employee is dismissed from state employment by adverse action or as a result of disciplinary proceedings, he or she shall not thereafter be permitted to take any state civil service examination or be certified from an eligible list to any position in state civil service without the prior consent of the Department as set forth herein.(b) Petitions to participate in state civil service examinations by dismissed employees shall be subject to all of the following:(1) The petition must be in writing and filed with the Department, with a copy of the petition served on the agency that initially served the adverse action of dismissal. Where that agency no longer exists or has undergone significant organizational and administrative changes, the Department shall determine whether a different or new agency should be notified of the petition, and, if so, the Department shall serve the agency with a copy of the petition.(2) A completed state examination application must be submitted along with the petition.(3) At a minimum, the petition shall include the following information:(A) The effective date of the dismissal.(B) The reason(s) for the dismissal.(C) An explanation setting forth the reason(s) why the petition should be granted. The explanation must clearly identify the facts and circumstances supporting the stated reason(s).(D) Proof of service that a copy of the petition was submitted to the agency that initially served the adverse action of dismissal, unless that agency no longer exists or has undergone significant organizational and administrative changes.(c) Substantiation of corrected behavior, including, but not limited to, letters of recommendation, employment evaluations, or declarations of corrected behavior may be submitted along with the petition.(d) Within the time as specified by the Department, the agency that initially served the adverse action of dismissal may submit to the Department a response to the petition that shall include only information that is relevant to one or more of the factors set forth in subdivision (e)(2) through (6) and (8).(e) Petitions shall be reviewed on a case-by-case basis based upon consideration of the following factors: 1. The type of examination(s) the dismissed employee seeks to take and the classification(s) of the examination(s).2. The circumstances and causes surrounding the dismissal and any restrictions placed on the dismissed employee as a result of the adverse action that may impact the petition.3. Any pattern of successful employment after the dismissal.4. Evidence of corrected and sustained improved behavior.5. Acceptance of responsibility for past wrongful actions.6. Demonstration of readiness to re-enter state service.7. Any written response to the petition or relevant information submitted by the agency that initially served the dismissal.8. Any other factor deemed relevant to the request, including those factors set forth in Government Code section 18935.(f) No later than 30 days after receipt of the petition, the Department shall determine whether to deny or grant the dismissed employee permission to participate in the requested examination(s). If the Department determines that additional time is necessary to make a thorough and thoughtful determination and/or to acquire additional information from the dismissed employee and/or agency that initially served the adverse action of dismissal, the Department may extend the time for determination and notify the dismissed employee of the extension and the reasons therefor. If the Department determines that the information submitted by the dismissed employee so warrants, the Department may grant the dismissed employee a blanket waiver to apply for any examination for which the dismissed employee meets the minimum qualifications. The Department shall set forth its decision in writing.(g) If the Department denies the petition in part or in its entirety, the dismissed employee may appeal to the Board within 30 days after receipt of the written determination.Cal. Code Regs. Tit. 2, § 211
1. Amendment of section and NOTE filed 4-8-77; effective thirtieth day thereafter (Register 77, No. 15). For prior history, see Register 76, No. 25.
2. Change without regulatory effect amending section filed 11-26-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 2).
3. Amendment of section and NOTE filed 2-24-2005; operative 2-24-2005. Submitted to OAL for printing only pursuant to Government Code sections 18211 and 18213 (Register 2005, No. 8).
4. Change without regulatory effect amending first paragraph and subsections (a), (d)(7) and (d)(8) filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37).
5. Amendment of section heading, section and NOTE filed 9-20-2018; operative 9-20-2018. Submitted to OAL for printing only pursuant to Government Code section 18211 (Register 2018, No. 38). Note: Authority cited: Sections 18502 and 18701, Government Code. Reference: Sections 18935 and 18941, Government Code.
1. Amendment of section and NOTE filed 4-8-77; effective thirtieth day thereafter (Register 77, No. 15). For prior history, see Register 76, No. 25.
2. Change without regulatory effect amending section filed 11-26-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 2).
3. Amendment of section and Note filed 2-24-2005; operative 2-24-2005. Submitted to OAL for printing only pursuant to Government Code sections 18211 and 18213 (Register 2005, No. 8).
4. Change without regulatory effect amending first paragraph and subsections (a), (d)(7) and (d)(8) filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37).
5. Amendment of section heading, section and Note filed 9-20-2018; operative 9/20/2018. Submitted to OAL for printing only pursuant to Government Code section 18211 (Register 2018, No. 38).