Section 213.6 - Appeal of a Disqualification Resulting from a Failed Drug Test or Background Investigation Report(a) This section pertains to and outlines administrative appeal rights only. An applicant appealing under this section shall follow the procedures in Subchapter 1.2.(b) An applicant disqualified as the result of failing the drug test may only appeal the disqualification on the grounds that: 1) the drug was used legally; or2) the test result was a false positive resulting from a violation of test protocol, defect in the chain of custody procedures, or another irregularity. A disqualified applicant may have the drug test specimen retested at the applicant's own expense as provided in Section 213.4(i)(2) and include the results of the retesting in the appeal.(c) An applicant disqualified or withheld from certification as a result of disclosure of drug use or whose background investigation reveals use of a drug pursuant to Section 213.5(c) may appeal the disqualification or the withholding from certification on any grounds allowable by law.(d) An applicant who prevails upon appeal under this section will be restored to eligibility in the examination from which the applicant was disqualified or restored to the eligible list from which the applicant was withheld.Cal. Code Regs. Tit. 2, § 213.6
1. New section filed 5-1-89; operative 5-31-89 (Register 89, No. 18).
2. Change without regulatory effect amending section filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 39).
3. Amendment of section and NOTE filed 7-19-2022 subject to partial compliance with the Administrative Procedure Act and limited review by the Office of Administrative Law pursuant to Government Code section 18215; operative 10-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 29). Note: Authority cited: Sections 18701 and 18215, Government Code. Reference: Sections 18654, 18670, 18671, 18675 and 18930, Government Code.
1. New section filed 5-1-89; operative 5-31-89 (Register 89, No. 18).
2. Change without regulatory effect amending section filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 39).
3. Amendment of section and Note filed 7-19-2022 subject to partial compliance with the Administrative Procedure Act and limited review by the Office of Administrative Law pursuant to Government Code section 18215; operative 10/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 29).