Section 547.58.9 - Appeal Rights, Requirements, and Time Periods(a) Applicants for and candidates in LEAP may file an appeal with the Board for any of the following actions: (1) Refusal to certify eligibility to participate in LEAP.(2) Rejection of the application to participate in LEAP, including participation in a LEAP-internship program.(3) Disqualification by an interview panel or as a result of any other method used to select a candidate for the examination appointment.(4) Denial of a request for reasonable accommodation during the LEAP-internship program or job examination period.(5) Termination of the examination appointment during the job examination period.(b) Article 2, Filing with SPB, shall apply to all appeals filed pursuant to this section. Where the appeal is based upon termination of an examination appointment during the job examination period, the time period by which to file the appeal shall be pursuant to section 52.4, subdivision (e)(1)(J)(i). For all other appeals under subdivision (a) of this section, the time period by which to file the appeal shall be pursuant to section 52.4, subdivision (e)(2).(c) Subject to rebuttal by the appellant, it shall be presumed that the appointing power's action was free from fraud and bad faith and that the reason(s) for the action as stated in the written notice to the appellant is true. At the hearing, the appellant shall have the burden of proof to prove that there is no substantial evidence to support the reason(s) for the appointing power's action or that the appointing power's action was made in fraud or bad faith. If after the hearing the Board determines that the appellant satisfied his or her burden of proof as set forth herein, the Board shall take appropriate corrective action, which may include, but is not limited to any or all of the following: (1) Certifying the appellant as eligible to participate or continue participating in LEAP or in a LEAP-internship program.(2) Ordering the appointing power to grant the appellant's request for reasonable accommodation.(3) Reinstating the appellant to the position in which the appellant was serving a job examination period.(4) Restoring the appellant's name to the LEAP referral list from which the appellant received an examination appointment for the remaining period of his or her list eligibility.(d) If the Board reinstates an appellant to the position in which the appellant was serving a job examination period, it shall direct the payment of salary to the employee for such period of time as the termination was improperly in effect as prescribed in Government Code Section 19180.Cal. Code Regs. Tit. 2, § 547.58.9
1. New section filed 10-4-2017; operative 11-1-2017 pursuant to Government Code section 11343.4(b)(2) (Register 2017, No. 40). Note: Authority cited: Sections 18701 and 19241, Government Code. Reference: Section 19244, Government Code.
1. New section filed 10-4-2017; operative 11/1/2017 pursuant to Government Code section 11343.4(b)(2) (Register 2017, No. 40).