Section 548.49 - Appeals from CEA Examinations(a) Appeals from CEA examinations shall be filed in accordance with subchapter 1.2, article 2, section 52.4, subdivision (e)(1)(L). The appeal may be based upon allegations of improprieties in the examination process, including but not limited to, fraud, discrimination, erroneous interpretation of minimum qualifications or significant irregularities. (1) In order to establish a cause of action for fraud, the competitor shall provide evidence demonstrating the following: (A) a misrepresentation or a material omission of fact;(B) which was false and known to be false by the appointing power;(C) made for the purpose of inducing the competitor to rely upon the misrepresentation or material omission;(D) justifiable reliance of the competitor on the misrepresentation or material omission; and(2) Appeals alleging discrimination in the examination process require evidence that demonstrates illegal discrimination on a basis prohibited under California's Fair Employment and Housing Act. (Gov. Code, §§ 12900 et seq.) The appeal must establish a connection between the complained of activity and the individual's status as a member of a protected class.(3) For purposes of this section, "an erroneous interpretation of minimum qualifications" is considered to have occurred when there is an inaccurate analysis of the applicant's qualifications to compete in the examination and, as a result, an otherwise qualified applicant is not permitted to compete.(4) A significant irregularity occurs when the examination is not administered as outlined in the bulletin, the examination method was not applied fairly to all competitors, or the examination does not test and determine the qualifications, fitness, and ability of the competitors to perform the duties of the CEA position.Cal. Code Regs. Tit. 2, § 548.49
1. Amendment filed 12-21-73; designated effective 4-1-74 (Register 73, No. 51).
2. Amendment filed 5-14-75; effective thirtieth day thereafter (Register 75, No. 20).
3. Amendment filed 8-14-79; effective thirtieth day thereafter (Register 79, No. 33).
4. Change without regulatory effect amending section and NOTE filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 39).
5. Amendment of section heading and repealer and new section filed 6-8-2017; operative 10-1-2017 (Register 2017, No. 23).
6. Amendment filed 7-6-2023; operative 10-1-2023 (Register 2023, No. 27). Note: Authority cited: Section 18701, Government Code. Reference: Sections 19889, 19889.2 and 19889.3, Government Code.
1. Amendment filed 12-21-73; designated effective 4-1-74 (Register 73, No. 51).
2. Amendment filed 5-14-75; effective thirtieth day thereafter (Register 75, No. 20).
3. Amendment filed 8-14-79; effective thirtieth day thereafter (Register 79, No. 33).
4. Change without regulatory effect amending section and Note filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 39).
5. Amendment of section heading and repealer and new section filed 6-8-2017; operative 10/1/2017 (Register 2017, No. 23).
6. Amendment filed 7-6-2023; operative 10/1/2023 (Register 2023, No. 27).