Cal. Code Regs. tit. 2 § 52.6

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 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.

Cal. Code Regs. Tit. 2, § 52.6

1. New section filed 8-19-97; operative 8-19-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 34).
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.