Section 249.4 - Verification of Minimum Qualifications Prior to Appointment(a) Verification of minimum qualifications is not required for candidates on reemployment lists or candidates who have mandatory reinstatement rights, unless the classification requires an incumbent to possess valid licensure, certification, or similar credential. Then the appointing power shall verify the candidate possesses valid licensure, certification, or similar credential prior to appointment. When it is determined that a candidate exercising their mandatory reinstatement rights no longer possesses valid licensure, certification, or similar credential, the candidate shall first be reinstated to their former position pursuant to Government Code section 19140.5. After reinstatement, the appointing power shall act in accordance with Government Code section 19585. For all other candidates, including promotions and transfers, appointing powers shall verify that the candidate satisfies the minimum qualifications of the classification before the candidate is appointed.(b) If a candidate is found not to satisfy the minimum qualifications, the appointing power shall provide written notice to the candidate specifying which minimum qualifications are not satisfied and the reason(s) why and provide an opportunity for the candidate to establish that they satisfy the minimum qualifications of the classification. The candidate shall have 10-working days to respond. (1) Where a candidate fails to respond within the specified timeframe, the candidate may be considered to have abandoned the selection process. If such a determination is made and the candidate's eligibility was based upon list eligibility, their name shall be removed from the employment list. The appointing power shall promptly inform the candidate in writing that their name has been removed. The notification shall also inform the candidate of their appeal rights.(2) If the candidate timely responds, but fails to establish that they satisfy the minimum qualifications, the candidate shall not be appointed to the position, and, if the candidate's eligibility was based upon list eligibility, their name shall be removed from the employment list. The appointing power shall promptly inform the candidate in writing of the finding and any actions taken by the appointing power related to the finding, including, for instance, removing the candidate's name from the employment list. The notification shall also inform the candidate of their appeal rights.(c) When an appointing power determines that a candidate does not satisfy the minimum qualifications and initiates and/or completes the withhold process as provided by section 249.4, subdivision (b), and then subsequently reverses the withhold, the appointing power shall document the reason(s) for reversing the withhold and notify the candidate in writing of the reversed decision and, if applicable, the restoration of the candidate's eligibility. (1) The appointing power shall retain all associated documentation in accordance with section 26.(d) For purposes of this section, a holiday as defined in Government Code sections 19853 and 19853.1 is not a working day.Cal. Code Regs. Tit. 2, § 249.4
Note: Authority cited: Section 18701, Government Code. Reference: Section 19050, Government Code.
Note: Authority cited: Section 18701, Government Code. Reference: Section 19050, Government Code.
1. New section filed 4-27-2017; operative 7/1/2017. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2017, No. 17).
2. Amendment of subsections (a)-(b)(2), new subsections (c)-(c)(1) and subsection relettering filed 3-12-2024; operative 7/1/2024 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2024, No. 11).