Section 599.616 - DefinitionsFor the purposes of this article, the following definitions will apply:
(a) Headquarters. Headquarters shall be established for each state officer and employee and shall be defined as the place where the officer or employee spends the largest portion of his/her regular workdays or working time, or the place to which he/she returns on completion of special assignments, or as the Department may define in special situations. (1) Where an office building or similar definite place constitutes the employee's headquarters, no per diem expenses shall be allowed at any location within 25 miles of said headquarters as determined by the normal commute distance.(2) Where the major portion of an employee's working time is spent within a specifically assigned or limited geographical area, such as a patrol area or beat where the same routes are traveled frequently and routinely on one-day trips, no per diem expenses shall be allowed at any location within 25 miles from any point in this assigned area as determined by the normal commute distance. In order to ensure equity in special cases, agency heads may disregard this subsection and authorize individual claims based on subsection (1) of this regulation.
(3) In cases where adherence to the 25-mile limitation creates an unusual and unavoidable hardship to the officer or employee, exceptions may be granted by the Department.(4) Employees on travel status for less than 24 hours may claim subsistence expenses incurred before or after the regularly scheduled work day in accordance with section 599.619(a) of these regulations or the applicable provisions of a Memorandum of Understanding, as appropriate, provided the departure time or return time exceeds the regularly scheduled work day by one hour.(b) Residence. A place of primary dwelling shall be designated for each state officer and employee. A primary dwelling shall be defined as the actual dwelling place of the employee that bears the most logical relationship to the employee's headquarters and shall be determined without regard to any other legal or mailing address. However, if an employee is temporarily required to dwell away from his/her primary dwelling place due to official travel away from headquarters, and said primary dwelling is either inhabited by his/her dependents or is maintained by the employee at a net monthly expense in excess of $200, such dwelling place may be continued as the employee's designated primary dwelling. (1) No reimbursement for per diem or other subsistence expenses shall be allowed on the premises of an employee's primary dwelling.(2) An employee shall have only one dwelling at which travel expenses are prohibited.(3) When an employee maintains more than one dwelling, meeting the definition of residence set forth in section 599.616(b) of these regulations and the employee is required to officially travel to the location of the secondary dwelling, he/she may claim the non-commercial subsistence allowance rates defined in section 599.619(c) or 599.621(c)(1) of these regulations as appropriate.(c) Travel Expenses. Travel expenses include: (1) Per Diem Expenses. Per diem expenses consist of the charges and attendant expenses for meals and lodging and all charges for personal expenses incurred while on travel status.(2) Business Expenses. Business expenses consist of the charges for business phone calls and telegrams; emergency clothing, equipment or supply purchases; and all other charges necessary to the completion of official business. Any emergency purchase shall be explained, and if over $25 must be approved by the agency head, deputy, or chief administrative officer.(d) Protective Services. A member of the California State Police assigned as provided by Government Code section 14613, or a member of the California Highway Patrol assigned to supplement state police capabilities under Government Code section 14613, may claim subsistence allowance for in-state travel as follows: (1) If expenses actually incurred by the employee while traveling with the protected individual exceed the per diem allowance authorized for in-state travel, the employee may elect to claim the subsistence allowance authorized by section 599.619(d) or 599.621(d) of these regulations as appropriate.(2) Any expense claim submitted under subsection (1), must contain a certification by the Chief of the California State Police naming the individual being protected and verifying that the travel expenses were incurred while the claimant was assigned to protect said individual.(3) Claims submitted under this section shall not be subject to the limitations of section 599.616(a) of these regulations.Cal. Code Regs. Tit. 2, § 599.616
1. New section filed 2-9-84 (corrected copy refiled 2-27-84); effective thirtieth day thereafter (Register 84, No. 8).
2. Editorial correction of HISTORY NOTES printed in error in Register 84, Nos. 8 and 12 (Register 84, No. 15).
3. Change without regulatory effect amending section and NOTE filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42). Note: Authority cited: Sections 18502, 19815.4(d), 19820(a) and 19849.5, Government Code. Reference: Sections 11030 and 14613, Government Code.
1. New section filed 2-9-84 (corrected copy refiled 2-27-84); effective thirtieth day thereafter (Register 84, No. 8).
2. Editorial correction of HISTORY NOTES printed in error in Register 84, Nos. 8 and 12 (Register 84, No. 15).
3. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).