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Appeal of denial of out-of-class claim

Legal authority

Government Code sections 19815.4; 19818.16 and Title 2, California Code of Regulations, sections 599.810 (excluded employee); 599.904.


The Department of Human Resources (CalHR) shall have the authority to review employee claims for additional reimbursement for the performance of duties outside the scope of their present classification and to authorize additional reimbursement for those duties. CalHR shall award employee claims under this section for a period no greater than one year preceding the filing of a claim.


The original claim will be reviewed by CalHR's Personnel Management Division and an analysis will be prepared. The analysis will be forwarded to the Labor Relations Division for review by a Labor Relations Officer (LRO). The LRO will issue a preliminary determination. The evidence must support the preliminary determination on the issues framed by the original claim.


An employee may formally appeal the LRO's preliminary determination to the CalHR 's Statutory Appeals Unit (SAU).

Timeline to file

An employee has 30 calendar days from service of the preliminary determination for which the appeal is taken, otherwise the preliminary determination will become final.

Type of hearing

The Administrative Law Judge (ALJ) will review and enter the preliminary determination and supporting documents into the record and allow the parties the opportunity to supplement the record, subject to rebuttal. The proposed decision of the ALJ is accepted or rejected by the Director of the Department of Human Resources.


Rank-and-file employees:  Out-of-class claims fall under the grievance procedure only.

  Updated: 9/9/2013
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