Cal. Code Regs. Tit. 2, § 599.804 - Determination of Misuse and Actual Costs
(a) Determination of Costs. The head of each
agency shall determine under the provisions of these regulations the amount and
enforce the collection of actual costs to the state attributable to misuse of
state-owned motor vehicles by employees of his/her agency. Money collected from
the employee shall be deposited to the credit of the fund supporting operation
of the vehicle improperly used.
(b)
Investigation of Misuse and Actual Costs. Within thirty (30) calendar days
after an agency has reasonable cause to believe that misuse of a state-owned
motor vehicle by one of its employees has occurred or has been notified by the
Department of General Services of such alleged misuse, a representative
designated by the agency head shall, without a formal hearing, initiate and
complete a preliminary investigation with a view to determining the following:
(1) Whether a misuse occurred.
(2) The employee responsible for such
misuse.
(3) Whether punitive action
should be taken and if so the action recommended.
(4) The actual costs to the state
attributable to such misuse, unless the same are not reasonably ascertainable
at the time of the completion of the preliminary investigation in which event
they shall be determined in accordance with section
599.805 of these
regulations.
(c) Rights
of Employee During Investigation. Any employee involved in the reported misuse,
shall, during the course of the investigation, be given an opportunity to give
an explanation, and shall be fully advised of the allegations and of the facts
developed by the investigation.
(d)
Notice to Employee of Agency's Preliminary Decision. Within five (5) days after
concluding the investigation, the representative designated by the agency head
shall set down his preliminary decision on a form to be furnished by the
Department of General Services, together with a report of his investigation,
and serve a copy thereof on the employee, and shall at the same time send a
copy thereof to the agency head and to the Department of General Services.
Where the employee named in the decision is exempt from civil service, the
California Department of Human Resources shall also be sent a copy of the
decision and report of investigation.
(e) Appeal to Head of Agency. The employee
shall have ten (10) days from service within which to file a written request
with the head of the agency to review the decision except that if punitive
action is taken the ten (10) day appeal period and the time for review provided
in subsection (f) below shall not commence until the punitive action is
final.
(f) Review by Head of
Agency. Where such a request is filed, the agency head shall review the
preliminary decision or, in the absence of any request, he may upon his own
motion review it. The review may be conducted either with or without a hearing.
The agency head shall either approve, reverse, or modify the preliminary
decision. The action of the head of the agency shall be set forth in writing
and a copy served on the employee. This shall constitute the final decision of
the agency and become effective thirty (30) days after it is served upon the
employee.
(g) Effective Date When
Preliminary Decision is Not Reviewed. Where the preliminary decision is not
reviewed under the foregoing sections and no punitive action is taken, it shall
constitute the final decision of the agency and become effective thirty (30)
days after it is served upon the employee.
(h) Service of Final Decision of the Agency.
The Department of General Services shall be sent a copy of the decision within
ten (10) days after it becomes final. Where the employee named in the decision
is exempt from civil service, the California Department of Human Resources
shall also be sent a copy of the decision. A copy of the final decision shall
be served on the employee.
(i)
Consolidation of Separate Charges of Misuse. Where there are two or more
independent charges of misuse involving the same employee, such charges may be
consolidated under this section at any time prior to the rendition of the
agency's final decision.
Notes
Note: Authority cited: Sections 18502, 19815.4(d) and 19993.2, Government Code. Reference: Sections 19993.1, 19993.2, 19993.3, 19993.4, 19993.5, 19993.6 and 19993.7, Government Code.
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