As used in this Division,
(a) Administrative Law Judge means an individual in state service duly appointed to a position classified as an Administrative Law Judge.(b) Classification means a category of positions that are sufficiently similar in the type of work performed by incumbents, level of difficulty, responsibility, and qualifications required such that the positions warrant similar treatment in personnel and pay administration.(c) Department means the California Department of Human Resources.(d) Director means the Director of the California Department of Human Resources.(e) Disciplinary Action means an action by a Local Agency against an employee that is based on the employee's performance of the duties of the position and that results in the dismissal, demotion, suspension, or loss of pay or work hours of a permanent employee. Disciplinary Action does not include letters of reprimand, written instructions to the employee regarding correcting workplace behavior, or any other action that does not change a permanent employee's job classification or decrease his or her pay.(f) Federal Requirements means the federal principles and standards for a merit-based Personnel System set forth in federal regulations administered by the Office of Personnel Management, "Intergovernmental Personnel Act Programs; Standards for a Merit System of Personnel Administration" in the Code of Federal Regulations (CFR), under Title 5, Part 900, Subpart F, 62 FR 5323, Oct. 14, 1997 and as amended from time to time.(g) Hearing Officer means an individual designated by the Director to hear and prepare proposed decisions in those matters that may be appealed to the Department, including but not limited to appeals from audit findings and appeals from actions affecting Program employees. The Director may delegate to the Hearing Officer those duties and powers relating to the conduct of hearings established by Government Code section 19815.4(e) for purposes of making a determination.(h) Local Agency means any city, county, city and county, district, or other subdivision of the state, or any independent instrumentality thereof, that is required to utilize a merit-based Personnel System for Program employees.(i) Personnel System means the laws, rules, practices and policies a Local Agency follows, and the operation of its merit-based employee management system for applicants. Program employees and other Local Agency employees. Personnel System includes but is not limited to, the performance of, and any documentation of:(1) hiring, examination and selection, training, performance evaluation and disciplinary procedures;(2) compensation plans, classification descriptions, position descriptions and duty statements;(3) employee-management memoranda of understanding;(4) anti-discrimination policies and procedures; and(5) conflict of interest rules and procedures.(j) Program or Programs means those state and federally funded operations that require any Local Agency administering any portion of the Program operate a merit-based Personnel System for employees engaged in Program operations. Such Programs include but are not limited to, the Social Security Act, as amended; the Public Health Service Act, as amended; and the Federal Civil Defense Act, as amended.Cal. Code Regs. Tit. 2, § 17011
1. New section filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing only (Register 2016, No. 26). Note: Authority cited: Sections 19800, 19801 and 19811, Government Code. Reference: Sections 19800, 19801, 19802, 19802.5, 19803 and 19810, Government Code.
1. New section filed 6-23-2016; operative 6/23/2016. Submitted to OAL for filing and printing only (Register 2016, No. 26).