Cal. Code Regs. tit. 2 § 599.849

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 599.849 - Appeals

All appeals submitted under this section shall be in writing and filed no later than 30 days from the date the affected employee, respective employee organization, or agency was notified of the determination or decision of the agency or Department under section 599.844.2 of these regulations. Any factual assertions in support of the appeal shall be supported by documentary evidence and/or declarations under penalty of perjury.

(a) Appeal(s) as to the results of the agency census survey and race/ethnicity, gender, or disability identification of the employee, and appeals as to whether the agency is or is not mandated by federal law to adjust the order of layoff or would be at risk of losing federal funding if it does not adjust the order of layoff, shall be filed with the Department for resolution. The appeal(s) shall, at a minimum, set forth the legal and factual basis for the appeal(s). The Department shall investigate and may request additional information from the filing party and/or the agency. If the appellant or the agency disagrees with the decision of the Department, the appellant or the agency may appeal that decision to the Department, no later than 30 days from the date of notification of the determination by the Department. The Department may rule on the appeal with or without a hearing.

(b) Appeal(s) as to the determination by the Department to allow the agency to proceed with a seniority-based layoff of all or part of the affected workforce shall be filed with the Department for resolution. The appeal(s) shall, at a minimum, set forth the legal and factual arguments as to why the determination(s) challenged in the appeal is/are improper. The Department shall be authorized to investigate and may conduct a hearing.

(c) The filing of an appeal shall not delay the implementation of a decision to proceed with a seniority-based layoff.

Cal. Code Regs. Tit. 2, § 599.849

1. Change without regulatory effect renumbering former section 599.849 to section 599.847 and adopting new section 599.849 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: Section 19798, Government Code; and Connerly v. State Personnel Bd. (2001) 92 Cal. App. 4th 16.