Cal. Code Regs. Tit. 2, § 599.714 - Scope
(a) Whenever a
state officer or employee is required by any appointing power because of a
change in assignment, promotion or other reason related to his/her duties, to
change his/her place of residence, such officer, agent or employee shall
receive his/her actual and necessary moving and relocation expenses incurred by
him/her both before and after and by reason of such change of residence,
subject to the provisions of this article.
(b) For the purposes of this article, a move
occurs on the official reporting date to the new headquarters, and a change in
residence is reasonably to be required when the following conditions are met:
(1) The officer's or employee's officially
designated headquarters is changed for the advantage of the state, which
includes the following:
(A) a promotion
offered by any appointing authority; or
(B) a non-promotional transfer deemed to be
in the best interests of the state by the officer's or employee's appointing
authority; or
(C) a transfer of an
officer or employee by his/her or another appointing authority in lieu of a
layoff of the officer or employee.
(2) The normal commute distance must be as
designated between all the following locations:
(A) at least 56 kilometers (35 miles) between
the old headquarters and the new headquarters; and
(B) at least 56 kilometers (35 miles) between
the old residence and the new residence; and
(C) at least 56 kilometers (35 miles) between
the old residence and the new headquarters; and
(D) the new residence shall not be farther
from the new headquarters than the old residence is from the new
headquarters.
(c) A change of residence is not deemed
reasonably to be required for voluntary non-promotional transfers in response
to general requests that specify that moving and relocation expenses will not
be paid, or for any non-promotional transfer which is primarily for the benefit
of the officer or employee.
(d)
Reimbursement for moves that do not conform to the established criteria may be
granted when the Department has determined in advance that the officer or
employee will be subject to unusual and unavoidable hardship by reason of the
change of residence.
Notes
CROSS REFERENCE: See Title 2, Division 2, Chapter 1, Sections 732-739.
2. Editorial correction of subsections (a) and (c) (Register 95, No. 40).
3. Change without regulatory effect amending section and NOTE filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).
Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 19841, Government Code.
CROSS REFERENCE: See Title 2, Division 2, Chapter 1, Sections 732-739.
2. Editorial correction of subsections (a) and (c) (Register 95, No. 40).
3. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).
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