Title 2, California Code of Regulations, sections 599.893 through 599.910
The following regulations appear in Title 2, California Code of Regulations under Division 1, Chapter 3, Subchapter 1, Article 25. Hearings. They include sections 599.893 through 599.910.
Section 599.893. Scope of Article.
The regulations in this article shall apply to all parties to appeal hearings conducted by the Department of Personnel Administration, its Director and his/her designees.
Section 599.894. Definitions.
Unless the context requires otherwise, the definitions immediately hereinafter set forth govern the construction of this article.
Section 599.895. Appeal.
"Appeal" means any written request for relief filed with the Department of Personnel Administration and includes "application," "petition," and "protest."
Section 599.896. Appellant.
"Appellant" means the person or state agency filing any appeal with the Department of Personnel Administration.
Section 599.897. Respondent.
"Respondent" means the person or state agency whose interests are adverse to those of the appellant or who will be directly affected by the Department's decision.
Section 599.898. Administrative Adjudication Provisions.
The following administrative adjudication provisions of the Administrative Procedure Act (APA), which are set forth in Chapters 4.5 and 5 of Part 1 of Division 3 of Title 2 of the Government Code are applicable to the Department of Personnel Administration's appeals hearings as follows:
(a) Articles 1, 2, 3, 4, 6, 7, 8, 10 and 16 of Chapter 4.5 are applicable.
Section 599.903. Appeal Rights.
Every appeal filed with the Department of Personnel Administration shall state the facts upon which it is based and the relief requested in sufficient detail to enable the Department to understand the nature of the proceeding and the parties concerned. Unless the appeal names some other respondent, the appellant's appointing power shall be considered the only respondent. The Director shall mail or serve a copy of the appeal to or on the respondent.
Section 599.904. Time and Manner of Filing.
Appeals filed with the Department of Personnel Administration shall be subject to the following requirements:
Section 599.905. Answer.
Unless required by law or these regulations, no answer to the appeal need be filed. If an answer is filed prior to the hearing, a copy thereof shall be mailed by the Director of the Department of Personnel Administration to the appellant. If no answer is filed and none is required, every material allegation of the appeal is in issue.
Section 599.906. Hearings and Decisions.
(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.
Section 599.907. Rehearing.
Within 30 days after service of a copy of a decision following hearing, any party may file a petition for rehearing with the Director. The petition shall be in writing and shall contain all the grounds upon which a rehearing shall be granted.
Within 30 days after such filing, the Director shall serve a copy of the petition on the other parties to the proceeding. Within 60 days after service of the petition for rehearing on the nonrequesting parties, the Director shall either grant or deny the petition in whole or in part.
Failure to act upon a petition within this 90-day period shall be deemed a denial of the petition.
If a petition is granted, the Director may set the matter for rehearing before an authorized representative or may reconsider the appeal based solely upon the existing record and arguments provided by the parties.
Section 599.908. Dismissal of Appeals Not Brought to Hearing.
Any appeal referred or assigned to the Director of the Department of Personnel Administration shall be dismissed unless it is brought to hearing within three years after such appeal was filed with the Department of Personnel Administration except where the parties have filed a written stipulation specifically extending said three-year period.
Section 599.909. [Reserved].
Section 599.910. Decision Becomes Final When.
Unless a proper application for rehearing is made, every decision shall become final 30 days after service by the Department of Personnel Administration of a copy of such decision on the parties to the proceeding in which the decision is rendered.