Section 599.906 - Hearings and Decisions(a) The following appeals shall be designated "nonmerit statutory appeals": (1) requests for reinstatement after automatic resignation;(2) appeals from layoffs, demotions, and transfers in lieu of layoff;(3) protests of transfer;(4) petition to set aside resignation;(5) denial of merit salary adjustment;(6) appeals of performance appraisal;(7) appeals from denial of sick leave; and(8) appeals from denial of out-of-class claims.(b) Except as otherwise provided by statute or excluded by an applicable memorandum of understanding, each nonmerit statutory appeal shall be assigned to a presiding officer for investigation or hearing. The presiding officer assigned shall be the authorized representative of the Director and, as such, will be fully authorized and empowered to set such matters for hearing, grant or refuse extensions of time, issue subpoenas for witnesses, administer oaths, hold hearings, conduct investigations, and perform any and all other acts in connection with such proceedings that may be authorized by law or this article, subject to the following restrictions: (1) Any such hearing or investigation shall comply with the administrative procedures for handling subpoenas set forth in Government Code Sections 18672 through 18674, except that all references to the "Board" or "Executive Officer" therein shall be understood to refer to the Director of the Department of Personnel Administration.(2) The Director and/or his/her designee shall retain authority to approve, modify, or reject the presiding officer's decision regarding any appeal except as otherwise provided or excluded by a memorandum of understanding.Cal. Code Regs. Tit. 2, § 599.906
1. Renumbering of former section 599.906 to section 599.908 and new section 599.906 filed 2-9-2004; operative 2-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 7). Note: Authority cited: Sections 19815.4(d) and 19816, Government Code. Reference: Sections 11440.10, 19815.4, 19818.8, 19818.16, 19832, 19836, 19842.5, 19859, 19992- 19992.14, 19994.3, 19994.4, 19996.1, 19996.2 and 19997.14, Government Code; and Johnston v. Department of Personnel Administration (1987) 191 Cal.App.3d 1218.
1. Renumbering of former section 599.906 to section 599.908 and new section 599.906 filed 2-9-2004; operative 2-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 7).