Cal. Code Regs. Tit. 2, § 52.4 - Requirements and Method of Delivery for Filing Appeals and Complaints with the Board
Appeals filed with the Board shall be subject to the following:
(a) All appeals and
complaints shall be in writing.
(b)
Except as otherwise provided in these Regulations, each appeal and complaint
shall be filed with the Appeals Division and shall:
(1) Identify the name, address, and telephone
number of the Appellant or Complainant;
(2) If different than the Appellant or
Complainant, identify the name, address, and telephone number of the person
filing the appeal or complaint, including the State Bar number if the person
filing the appeal or complaint is an attorney;
(3) Except as provided in Government Code
section
19575,
state the facts that form the basis for appeal or complaint; and
(4) Identify all Respondents known to the
Appellant or Complainant including, for individually-named Respondents, first
and last name, job title, and business address.
(c) Unless the appeal or complaint names some
other Respondent, the Appellant's or Complainant's appointing power shall be
considered the only Respondent.
(d)
The Appeals Division shall mail or serve a copy of the appeal or complaint to
or on the Respondent(s).
(e) Time
Limitations for Filing Appeals or Complaints with the Board. Except as
otherwise provided in the act or these regulations, every appeal or complaint
shall:
(1) be filed with the Appeals Division
within the following time limits;
(A) Appeals
from disciplinary action filed pursuant to the provisions of Government Code
sections
19575,
shall be filed within 30 days after the effective date of the notice of adverse
action;
(B) Appeals from
disciplinary action filed pursuant to the provisions of Education Code section
89539,
subdivision (a), or Government Code section
19590,
subdivision (c), shall be within 30 days of the employee's receipt of the
notice of adverse action;
(C)
Appeals from rejection during probationary period filed pursuant to the
provisions of Government Code section
19175
shall be filed within 15 days of the effective date of the notice of rejection
during probationary period;
(D)
Appeals from non-punitive transfer, demotion or termination filed pursuant to
the provisions of Government Code section
19585
shall be filed within 30 days after the effective date of the notice of
non-punitive action;
(E) Appeals
from medical transfer, demotion or termination filed pursuant to the provisions
of Government Code section
19253.5,
subdivision (f), shall be filed within 15 days of service of the notice of
medical action;
(F) Appeals from a
CEA termination filed pursuant to the provisions of Government Code section
19889.2
shall be filed within 30 days of the employee's receipt of the notice of
termination;
(G) Complaints of
whistleblower retaliation filed pursuant to the provisions of Education Code
section
87164 or
Government Code sections
8547.8 and
19683,
shall be filed within one year from the most recent act of reprisal complained
about;
(H) Requests-to-File-Charges
filed pursuant to the provisions of Government Code section
19583.5
shall be filed within one year of the event or events upon which the appeal is
based;
(I) Appeals from
constructive medical transfer, suspension, demotion, or termination shall be
filed within 30 days of the employee being notified that he or she would not be
permitted to resume the duties of their position;
(J) Appeals from the following types of cases
shall be filed within 30 days of the effective date of the action:
(i) Termination of appointment from the
Limited Examination and Appointment Program (LEAP); and
(ii) Termination or automatic resignation
from a Permanent Intermittent appointment;
(K) Appeals from pre-employment medical
disqualification, pre-employment psychological disqualification, and
pre-employment drug test failure, shall be filed within 30 days of the date of
service of the notice of disqualification;
(L) Appeals from improprieties in the civil
service examination process, including the CEA examination process, shall be
filed as follows:
(i) Appeals from
qualification appraisal interviews shall be filed within 30 days of the date
that examination results are mailed to the Appellant;
(ii) Appeals from written examinations shall
be filed within 30 days of the date that examination results are mailed to the
Appellant.
(iii) Appeals from
online examinations shall be filed within 30 days of the date that the
examination results are available to the Appellant.
(M) Petitions to Set Aside Resignations
pursuant to Education Code section
89542 shall
be filed within 30 days after the last date upon which services to the state
university or college are rendered, or the date the resignation is tendered,
whichever is later;
(N) Appeals
from Automatic Resignation for Absence Without Leave pursuant to Education Code
section
89541 shall
be filed within 90 days of the effective date of such separation. If the
appointing authority has notified the employee of the automatic resignation,
any request for reinstatement must be filed within 15 days of the service of
notice of separation;
(O) Appeals
from disciplinary action, rejection during probationary period, medical
transfer or termination, automatic resignation, layoff, refusal to hire from a
re-employment list, or grievance involving discrimination or political
affiliation, filed pursuant to the provisions of Government Code section
19800 -
19810,
pertaining to Local Agencies, shall be filed in accordance with the provisions
of Title 2, Division 5, Chapter 2, Article 8, Subarticle 1, section
17550.
(P) Appeals from Withhold from Certification
shall be filed within 30 days of the date that the Notice of Withhold from
Certification is mailed to the Appellant.
(Q) Appeals challenging a Voided Appointment,
including the amount of any reimbursement ordered pursuant to section
243.3, subdivision (c), shall be
filed within 30 days of the date that the Notice of Voided Appointment is
mailed to the Appellant.
(R) Back
pay claims and requests for back pay hearings, as described in section
61, shall be filed within one year
of the date of the board's decision giving rise to the back pay
obligation.
(2) In all
other cases, the appeal or complaint shall be filed within 30 days after the
event upon which the appeal or complaint is based.
(3) Any Appellant or complainant seeking to
file an appeal or complaint beyond the time limits in this section, must file a
petition with the Chief ALJ or his or her designee demonstrating good cause as
to why the appeal or complaint should be accepted. Upon good cause being shown,
the Chief ALJ or his or her designee may allow an appeal or complaint, except
as otherwise limited by statute, to be filed within 30 days after the end of
the period in which the appeal or complaint should have been
filed.
(f) Methods of
Delivery for Filing Appeals or Complaints with the Board.
(1) Appeals or complaints delivered by
electronic mail (e-mail), will be filed on the date received by the
Board.
(2) Appeals or complaints
delivered by the U.S. Postal Service are filed on the date received by the
Board. An Appellant or Complainant may obtain proof of the filing of the appeal
or complaint by submitting either an extra copy of the appeal or complaint or
the first page only, with a self-addressed, return envelope, postage prepaid.
The Appeals Division shall return the copy marked with the date of
filing.
(3) Appeals or complaints
hand delivered to the Board during regular business hours will be filed on the
date received by the Board after the filing party has complied with applicable
statutory and regulatory filing requirements.
Notes
2. Amendment of section and NOTE filed 4-1-2003; operative 4-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
3. Repealer of former section 52.4 and renumbering of former section 51.2 to section 52.4, including amendment of section heading and section, filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
4. Amendment of subsections (b)(2)-(3), new subsection (e)(1)(Q) and amendment of subsection (f)(3) and NOTE filed 4-12-2013; operative 4-12-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 15).
5. Amendment of section heading, first paragraph and subsections (e), (e)(1)(F) and (e)(1)(L), new subsection (e)(1)(L)(iii), amendment of subsections (f)-(f)(3) and amendment of NOTE filed 6-8-2017; operative 10-1-2017 (Register 2017, No. 23).
6. Amendment of subsection (e)(1)(P), new subsection (e)(1)(Q) and subsection relettering filed 8-22-2022; operative 10-1-2022 (Register 2022, No. 34).
Note: Authority cited: Sections 18502 and 18701, Government Code. Reference: Sections 18675 and 19889.2, Government Code.
2. Amendment of section and Note filed 4-1-2003; operative 4-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 14).
3. Repealer of former section 52.4 and renumbering of former section 51.2 to section 52.4, including amendment of section heading and section, filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
4. Amendment of subsections (b)(2)-(3), new subsection (e)(1)(Q) and amendment of subsection (f)(3) and Note filed 4-12-2013; operative 4-12-2013 pursuant to Government Code section 11343.4(b)(3)(Register 2013, No. 15).
5. Amendment of section heading, first paragraph and subsections (e), (e)(1)(F) and (e)(1)(L), new subsection (e)(1)(L)(iii), amendment of subsections (f)-(f)(3) and amendment of Note filed 6-8-2017; operative
6. Amendment of subsection (e)(1)(P), new subsection (e)(1)(Q) and subsection relettering filed 8-22-2022; operative
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