Section 213.5 - Consequences of Drug Use(a) Applicants who fail the drug test pursuant to section 213.4 (h), will be disqualified from the examination in which they are competing and, except as provided by section 213.5(e), shall not be eligible to take any State civil service examination for a class for which drug testing is required until one year has elapsed from the date the drug test specimen is given.(b) Except as provided by section 213.5(e), applicants who fail the drug test because of a drug for which possession would constitute a felony offense under the Uniform Controlled Substances Act (Health and Safety Code, division 10, beginning at 11000) shall not be eligible to take any State civil service examination for a peace officer class until ten years have elapsed from the date the drug test specimen is given.(c) Any applicant for a State civil service examination for a peace officer class who discloses, or whose background investigation reveals, use of a drug for which possession would constitute a felony offense under the Uniform Controlled Substances Act (Health and Safety Code, division 10, beginning at 11000) subsequent to his or her eighteenth birthday and prior to his or her twenty-third birthday, shall be disqualified from the examination in which he or she is competing until five years have elapsed from the date of the disclosed or revealed use of the drug; and shall not be eligible to take any State civil service examination for a peace officer class until five years have elapsed from the date of the disclosed or revealed use. If any such disclosed or revealed use occurred on or after the applicant's twenty-third birthday, he or she shall be disqualified from the examination in which he or she is competing until 10 years have elapsed from the date of the disclosed or revealed use of the drug; and shall not be eligible to take any State civil service examination for a peace officer class until 10 years have elapsed from the date of the disclosed or revealed use. The disqualification period shall begin on the date that the drug was used, and not on the date that the drug use was disclosed or revealed.(d) Any applicant for a State civil service examination for a peace officer class who is disqualified from the current examination for one of the causes specified in (c) may, upon petition and with the consent of the Department, be permitted to compete in the current examination and, if successful, remain on the eligible list. In acting on the request, the Department shall consider evidence submitted by the person of rehabilitation from drug abuse and/or extenuating circumstances regarding the drug use.(e) Any applicant who is disqualified from taking any subsequent examination as specified in this section may, upon petition and with the consent of the Department, be permitted to take the specified examination. In acting on the petition, the Department shall consider evidence submitted by the person of rehabilitation from drug abuse and/or extenuating circumstances regarding the drug use.(f) Persons denied permission to take a subsequent examination within the specified one-, five-, and ten-year periods may appeal in writing to the Board within 30 days of notification.Cal. Code Regs. Tit. 2, § 213.5
1. New section filed 5-1-89; operative 5-31-89 (Register 89, No. 18).
2. Amendment of subsections (b) and (c) filed 3-22-90; operative 4-21-90 (Register 90, No. 15).
3. Change without regulatory effect amending section filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 39).
4. Amendment of subsections (a), (b), (e) and NOTE and new subsection (d) and relettering filed 1-4-93; operative 2-3-93 (Register 93, No. 2).
5. Amendment of section heading, subsections (c)-(e) and NOTE filed 12-15-99; operative 12-15-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 51).
6. Change without regulatory effect amending section filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37). Note: Authority cited: Section 18701, Government Code. Reference: Sections 1031, 18930 and 18935, Government Code; Sections 11000, 11007, 11054-11058, 11350, 11356 and 11377 (California Uniform Controlled Substances Act), Health and Safety Code; and Federal Public Health and Welfare Code, Title 42, Chapter 126, Section 12114(b) (Americans with Disabilities Act of 1990).
1. New section filed 5-1-89; operative 5-31-89 (Register 89, No. 18).
2. Amendment of subsections (b) and (c) filed 3-22-90; operative 4-21-90 (Register 90, No. 15).
3. Change without regulatory effect amending section filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 39).
4. Amendment of subsections (a), (b), (e) and Note and new subsection (d) and relettering filed 1-4-93; operative 2-3-93 (Register 93, No. 2).
5. Amendment of section heading, subsections (c)-(e) and Note filed 12-15-99; operative 12-15-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 51).
6. Change without regulatory effect amending section filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37).