Cal. Code Regs. Tit. 2, § 52.6 - Right to Respond to Proposed Personnel Action
(a) At least five working days before the
effective date of a proposed adverse action, rejection during the probationary
period, or non-punitive termination, demotion, or transfer under Government
Code section
19585, the
appointing power, as defined in Government Code section
18524, or
an authorized representative of the appointing power shall give the employee
written notice of the proposed action. At least 15 calendar days before the
effective date of a medical termination, demotion, or transfer under Government
Code section
19253.5 or
an application for disability retirement filed pursuant to Government Code
section
19253.5(i)(1),
the appointing power or an authorized representative of the appointing power
shall give the employee written notice of the proposed action. The notice shall
include:
(1) The reasons for such
action;
(2) A copy of the charges
for adverse action;
(3) A copy of
all materials upon which the action is based;
(4) Notice of the employee's right to be
represented in proceedings under this section;
(5) Notice of the employee's right to respond
to the person specified in subsection (b); and
(6) A statement advising the employee of the
time within which to file an appeal with the SPB."
(b) The person whom the employee is to
respond to in subsection (a)(5) shall be above the organizational level of the
employee's supervisor who initiated the action unless that person is the
employee's appointing power in which case the appointing power may respond to
the employee or designate another person to respond.
(c) The procedure specified in this section
shall apply only to the final notice of proposed action.
Notes
2. Renumbering of former section 52.6 to new section 55.2 and renumbering of former section 52.3 to section 52.6, 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).
Note: Authority cited: Sections 18701 and 19574, Government Code. Reference: Sections 19173, 19253.5, 19574 and 19574.1, and 19585, Government Code and Skelly v. SPB (1975) 15 Cal. 3d 194.
2. Renumbering of former section 52.6 to new section 55.2 and renumbering of former section 52.3 to section 52.6, 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).
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