Cal. Code Regs. tit. 2 § 599.616.1

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 599.616.1 - Definitions - Excluded Employees

The following language is effective October 1, 2024:

For the purposes of this article, the following definitions will apply:

(a) Headquarters. Headquarters shall be established by the appointing power for each state officer and employee and shall be defined as the place where the officer or employee spends the largest portion of the officer's or employee's regular workdays or working time, or the place to which the officer or employee returns upon 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 lodging, meal, and incidental expenses shall be allowed at any location within 50 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 lodging, meal, and incidental expenses shall be allowed at any location within 50 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 50-mile limitation creates an unusual and unavoidable hardship to the officer or employee, exceptions may be granted by the appointing power.

(4) Employees on travel status for less than 24 hours may claim lodging, meal and incidental expenses incurred before, during, or after the regularly scheduled workday in accordance with section 599.619(a) of these regulations.

(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 the employee's primary dwelling place due to official travel away from headquarters, and said primary dwelling is either inhabited by the employee's 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 lodging, meal, and incidental 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 599.616.1(b) of these regulations and the employee is required to officially travel to the location of the secondary dwelling, the employee may claim reimbursement for actual expenses incurred for meal and incidental expenses as defined in section 599.619(a) of these regulations and in accordance with the rates and timeframes stated therein for short-term travel, or as defined in section 599.619(b) of these regulations for meals while on a long-term assignment.

(c) Travel Expenses. Travel expenses include:

(1) Lodging, meal, and incidental expenses incurred as a result of business travel away from headquarters in order to conduct state business.

(2) Transportation expenses incurred in order to conduct state business.

(d) Business Expenses. Business expenses consist of the charges for business phone calls; 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.

(e) Protective Services. A member of the California Highway Patrol assigned as provided by Government Code section 14615 may claim subsistence allowance for in-state travel as follows:

(1) If expenses actually incurred by the employee as a result of traveling with the protected individual exceed the maximum lodging and meal expenses authorized in section 599.619 of these regulations for in-state travel, the employee may claim their actual expenses by providing receipts.

(2) Any expense claim submitted under subsection (1), must contain a certification by the Commissioner of the California Highway Patrol 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 599.616.1(a) of these regulations.

(f) Long-Term Assignment. Any assignment of 31 days or more to a given location other than headquarters. A Long-term assignment is typically given for a project status job that requires the extended presence of an employee for a period in excess of 31 days but is not considered permanent due to the temporary nature of the assignment, the appointment, or scheduled completion date of the project. The employee's return home for weekends or incidental short-term travel to another location does not break the continuity of a long-term assignment.

Cal. Code Regs. Tit. 2, § 599.616.1

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 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).
2. Amendment of subsections (a)(4) and (b)(3) filed 10-28-99; operative 11-2-99. Submitted to OAL for printing only (Register 99, No. 51). At the request of DPA pursuant to Government Code section 3539.5, OAL is directing the printing of this regulation in the CCR. Title 1, CCR, section 6(b)(2)(F)1 defines "print only" regulations as "regulations adopted pursuant to the requirements of the APA, but which are expressly exempted by statute from OAL review . . . ." (Emphasis added.) In complying with DPA's request, OAL makes no determination concerning whether or not DPA has met the statutory requirements for adoption of regulations set forth in Government Code sections 11346- 11347.3, including but not limited to public notice and comment. See 1998 OAL Determination No. 40 (Department of Personnel Administration, 96-008, December 9, 1998), California Regulatory Notice Register 99, No. 3-Z, January 15, 1999, p. 139, at p. 145; typewritten version, p. 18.
3. Amendment of subsection (b)(3) filed 10-1-2001; operative 10-1-2001. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 2001, No. 46).
4. 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).
5. Amendment filed 9-25-2024; operative 9/25/2024 pursuant to Government Code section 3539.5(b). Submitted to OAL for filing and printing only pursuant to Government Code section 3539.5(b) (Register 2024, No. 39).