Cal. Code Regs. Tit. 2, § 66.1 - Merit Issue Complaints
(a)
Merit issue complaints are complaints that the State Civil Service Act or Board
regulation or policy has been violated by a state agency. These complaints
include but are not limited to, interference with promotional opportunities,
interference with a person's access to any SPB appeals process, and the
designation of managerial positions pursuant to Government Code section
3513.
Merit issue complaints do not include appeals of actions that are specifically
provided for elsewhere in law or in Board regulations.
(b) Each state agency shall establish and
publicize to its employees the process for addressing merit issue complaints.
That process shall include provisions for informing employees in writing of the
state agency's decision and of the employee's right to appeal the state
agency's decision on the merit issue complaint to the Appeals
Division.
(c)
(1) Prior to filing with the Appeals
Division, merit issue complaints shall first be filed with the state agency's
human resources office, personnel officer or any unit/person designated to
address merit issue complaints within three years of the alleged violation of
Board regulation or policy.
(2)
Persons may file a merit issue complaint themselves or designate an attorney or
other authorized representative to represent them. No person(s) may file a
merit issue complaint on behalf of another person(s) without their
authorization.
(d) Each
state agency shall inform employees or applicants at the time the complaint is
received of their right to challenge the state agency's decision, denial of the
complaint or failure to respond by filing a complaint with the Appeals Division
and the timelines for filing according to section
66.1, subdivision (e).
(e) A merit issue complaint shall be filed
with the Appeals Division within 30 days of the state agency's decision or
denial of the complaint. Failure of a state agency to respond to a merit issue
complaint within 90 days of receipt of the complaint shall be deemed a denial
of the complaint's allegations and shall release the appellant to file a merit
issue complaint directly with the Appeals Division within 30 days of the
90th day.
(1) An
appeal of a merit issue complaint filed with the Appeals Division shall:
(A) Include evidence of having filed a formal
written complaint with the state agency's human resources office, personnel
officer or any unit/person designated to address merit issue
complaints.
(B) Include the
original complaint submitted to the state agency.
(C) Identify any wrongdoing by the state
agency supported by factual evidence and
documentation.
(f) Merit Issue Complaints are assigned to
investigative review by an Investigative Officer pursuant to section
53.2.
(g) Persons not having competed in an
examination or selection process who wish to file a complaint that the State
Civil Service Act or Board regulation or policy has been violated by a state
agency, may submit requests for review to the Board's Compliance Review
Division.
Notes
2. Change without regulatory effect redesignating former subarticle 9 as new article 9 filed 9-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 37).
3. Amendment of subsection (a), repealer and new subsection (b) and new subsections (c)-(f) filed 4-13-2022; operative 7-1-2022 (Register 2022, No. 15).
4. Amendment filed 7-6-2023; operative 10-1-2023 (Register 2023, No. 27).
Note: Authority cited: Section 18701, Government Code. Reference: Sections 12940, 18675, 18952, 19701, 19702, 19230 and 19231, Government Code.
2. Change without regulatory effect redesignating former subarticle 9 as new article 9 filed 9-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 37).
3. Amendment of subsection (a), repealer and new subsection (b) and new subsections (c)-(f) filed 4-13-2022; operative
4. Amendment filed 7-6-2023; operative
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