ARTICLE 1. Disciplinary Proceedings

Heading of Article 1 renumbered from Article 3 by Stats. 1983, Ch. 142, Sec. 55.

§§ 19570–19589 · 29 sections

§ 19570 As used in this article “adverse action” means dismissal, demotion, suspension, or other disciplinary action. This article shall not apply to any adverse…
§ 19571 In conformity with this article and the board rule, adverse action may be taken against any employee, or person whose name appears on any employment list for…
§ 19572 Each of the following constitutes cause for discipline of an employee, or of a person whose name appears on any employment list: (a) Fraud in securing…
§ 19573 The Department of Human Resources may establish disciplinary criteria applicable to adverse actions taken by appointing bodies pursuant to the causes of…
§ 19574 (a) The appointing power, or its authorized representative, may take adverse action against an employee for one or more of the causes for discipline specified…
§ 19574.1 (a) An employee who has been served with notice of adverse action, or a representative designated by the employee, shall have the right to inspect any…
§ 19574.2 (a) Any party claiming that his or her request for discovery pursuant to Section 19574.1 has not been complied with may serve and file a petition to compel…
§ 19574.5 Pending investigation by the appointing power of accusations against an employee involving misappropriation of public funds or property, drug addiction,…
§ 19575 The employee has 30 calendar days after the effective date of the adverse action to file with the board a written answer to the notice of adverse action. The…
§ 19575.5 At any time before an employee’s appeal is submitted to the board or its authorized representative for decision, the appointing power may with the consent of…
§ 19576 Whenever an answer is filed by an employee who has been suspended without pay for five days or less, or who has received a formal reprimand or up to a one-step…
§ 19576.1 Effective January 1, 1996, notwithstanding Section 19576, this section shall apply only to state employees in State Bargaining Unit 5. Whenever an answer is…
§ 19578 Except as provided in Section 19576, whenever an answer is filed to an adverse action, the board or its authorized representative shall within a reasonable…
§ 19579 Failure of either party (the employee, the employer, or their representatives) to proceed at the hearing shall be deemed a withdrawal of the action or appeal,…
§ 19580 Either by deposition or at the hearing the employee may be examined and may examine or cause any person to be examined under Section 776 of the Evidence Code.
§ 19581 The board or its authorized representative shall issue subpenas for witnesses for the employee upon his written request and at his cost. The board or its…
§ 19581.5 Prior to the scheduling of a contested adverse action or rejection on probation for hearing, the board may require or any party may request a prehearing or…
§ 19582 (a) Hearings may be held by the board, or by any authorized representative, but the board shall render the decision that in its judgment is just and proper.…
§ 19582.5 The board may designate certain of its decisions as precedents. Decisions of the board are subject to Section 11425.60. The board may provide by rule for the…
§ 19582.51 Effective January 1, 1996, notwithstanding Section 19582.5, this section shall only apply to state employees in State Bargaining Unit 5. The board may…
§ 19583 The board shall render a decision within a reasonable time after the hearing or investigation. The adverse action taken by the appointing power shall stand…
§ 19583.1 Dismissal of an employee from the service shall, unless otherwise ordered by the board: (a) Constitute a dismissal as of the same date from any and all…
§ 19583.5 (a) Any person, except for a current ward of the Division of Juvenile Facilities, a current inmate of the Department of Corrections and Rehabilitation, or a…
§ 19584 Whenever the board revokes or modifies an adverse action and orders that the employee be returned to his or her position, it shall direct the payment of salary…
§ 19585 (a) This section shall apply to permanent and probationary employees and may be used in lieu of adverse action and rejection during probation when the only…
§ 19586 Within 30 days after the day a copy of the decision rendered by the board in a proceeding under this article is served by the board upon the parties to the…
§ 19587 If the petition for rehearing is granted, the matter shall be set down for rehearing by the board or its authorized representative. If the matter is set for…
§ 19588 The right to petition a court for writ of mandate, or to bring or maintain any action or proceeding based on or related to any civil service law of this State…
§ 19589 Letters of reprimand shall be removed from the personnel file of the state employee and destroyed not later than three years from the date the letters were…