Section 211.2 - Petitions to Participate in Examinations After a Board Decision(a) Where the Board issues a decision or resolution concerning an adverse action dismissing an employee from state civil service and the Board sustains the dismissal, the employee shall not thereafter be permitted to take any state civil service examination or be certified from an eligible list to any position in the state civil service absent the approval of the Executive Officer.(b) Petitions by dismissed employees to participate in state civil service examinations under this section shall be subject to all of the following: (1) The petition must be in writing and filed with the Executive Officer, with a copy of the petition served on the Department and agency that initially served the notice of adverse action of dismissal. Where that agency no longer exists or has undergone significant organizational and administrative changes, the Executive Officer shall determine whether a different or new agency should be notified of the petition, and, if so, the Executive Officer shall serve the agency with a copy of the petition.(2) A completed state examination application must be submitted along with the petition.(3) At a minimum, the petition shall include the following information:(A) The effective date of the dismissal.(B) The reason(s) for the dismissal.(C) The case number of the appeal filed with the Board.(D) An explanation setting forth the reason(s) why the petition should be granted. The explanation must clearly identify the facts and circumstances supporting the stated reason(s).(E) Proof of service that a copy of the petition was timely submitted to the Department and the agency that initially served the notice of adverse action of dismissal, unless that agency no longer exists or has undergone significant organizational and administrative changes.(c) Substantiation of corrected behavior, including, but not limited to, letters of recommendation, employment evaluations, or declarations of corrected behavior may be submitted along with the petition.(d) Within the period of time specified by the Executive Officer, the Department and the agency that initially served the notice of adverse action of dismissal may submit to the Executive Officer responses to the petition that shall include only information that is relevant to one or more of the factors set forth in section 211, subdivision (e) (2) through (6) and (8).(e) Petitions shall be reviewed on a case-by-case basis based upon consideration of the factors set forth in section 211, subdivision (e) and upon any responses and relevant information submitted by the Department and agency that initially served the notice of adverse action of dismissal.(f) No later than 30 days after receipt of the petition, the Executive Officer shall determine whether to deny or grant the dismissed employee permission to apply for the requested examination(s). If the Executive Officer determines that additional time is necessary to make a thorough and thoughtful determination and/or to acquire additional information from the dismissed employee and/or agency that initially served the adverse action of dismissal, he or she may extend the time for determination and notify the dismissed employee of the extension and the reasons therefor. If the Executive Officer determines that the information submitted by the dismissed employee so warrants, the Executive Officer may grant the dismissed employee a blanket waiver to apply for any examination for which the dismissed employee meets the minimum qualifications. The Executive Officer shall set forth the decision in writing.(g) If the Executive Officer denies the petition in part or in its entirety, the dismissed employee may appeal to the Board within 30 days after receipt of the written decision.Cal. Code Regs. Tit. 2, § 211.2
1. New section filed 9-20-2018; operative 9-20-2018. Submitted to OAL for printing only pursuant to Government Code section 18211 (Register 2018, No. 38). Note: Authority cited: Cal. Const., art. VII, § 3; Sections 18502 and 18701, Government Code. Reference: Cal. Const., art. VII, § 1; Sections 18900 and 18931, Government Code.
1. New section filed 9-20-2018; operative 9/20/2018. Submitted to OAL for printing only pursuant to Government Code section 18211 (Register 2018, No. 38).