Cal. Code Regs. tit. 2 § 599.844

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 599.844 - Procedure

In making layoffs, the appointing power shall first communicate with the Department regarding the designation of the subdivision, if any, to be considered and submit a list of employees in the unit of layoff who are in the class or classes of layoff. The Department shall compute in the manner prescribed by the Government Code a layoff list showing the seniority score of each employee. After receiving this list the appointing power shall notify the employee or employees to be laid off. An employee compensated on a monthly basis shall be notified in writing at least 30 days prior to the date of layoff and the notice shall contain the reason for the layoff. The appointing power shall immediately thereafter render a written report to the Department on such form as may be prescribed, such report to state the name or names of the employees so laid off and the reasons therefor.

When the layoff is to be made in a class designated by the Department as a professional, scientific, administrative, management or executive class the appointing power shall also submit a report which rates the employees' current performance on the form and in the manner prescribed by the Department. Such form shall make provision for rating an employee in one of the following seniority categories: entirely satisfactory, improvement needed, or unsatisfactory. In computing seniority scores an employee shall have deducted from the seniority score twelve (12) points for a rating of improvement needed and thirty-six (36) points for a rating of unsatisfactory. The appointing power shall give the employee a copy of this report and inform the employee of the right to appeal this rating to the Department on the grounds that it was not made in good faith or was otherwise improper. Such an appeal shall be filed under the provisions of section 599.903 of these regulations within 10 days from the date the employee received a copy of the report. The filing of such an appeal shall not delay the effective date of the layoff. Ratings after they become final under this section shall not be reviewable on appeal under Government Code section 19997.14. Whenever a demotion in lieu of layoff requires a layoff in a lower class the points deducted from an employee's seniority score in the higher class shall not be deducted from the seniority score in the lower class.

Cal. Code Regs. Tit. 2, § 599.844

1. Change without regulatory effect renumbering former section 599.844 to section 599.843 and renumbering former section 599.845 to section 599.844, including amendment of section and NOTE, filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37).

Note: Authority cited: Sections 18502 and 19815.4(d), Government Code. Reference: Sections 19997.3 and 19997.13, Government Code.

1. Change without regulatory effect renumbering former section 599.844 to section 599.843 and renumbering former section 599.845 to section 599.844, including amendment of section and Note, filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37).