Section 599.854.4 - State Restriction of Appointments Program Exemptions - Excluded Employees(a) The following types of appointments are not subject to the SROA Program and require no prior SROA approval, providing the criteria set forth below are met. (1) The appointment is from a reemployment list.(2) The appointment is a mandatory reinstatement to the same class, same agency.(3) The appointment is an intra-agency transfer to the same class.(4) The appointee is a retired annuitant, pursuant to Government Code section 19144.(5) The appointment is to a full-time position from a reduced worktime position. This applies only to a permanent full-time employee who voluntarily reduced his/her time base under the reduced Worktime Act (Government Code section 19996.20 et seq.) and is returning to full-time work in the same class in the same agency.(6) The appointment is a promotion-in-place; there is no true vacant position, there is no change of position, or supervisory/subordinate relationship; and the promotion is clearly identified as typical in cases where the employee has reached the next higher level within a class series. Promotions that do not meet this criterion are subject to the SROA Program.(b) Special exemptions to the SROA Program must be requested in writing by the appointing power and approved in advance by the Department. Blanket exemptions will not be granted.(c) The following types of appointments and extraordinary circumstances shall qualify for a special exemption to the SROA Program. (1) Placement of a disabled worker to an appropriate class, as recommended and/or approved by a physician, for reasonable accommodation pursuant to Government Code section 19230(c). The exemption request requires a written request with a full explanation of the situation and copy of the doctor's supporting statement.(2) Voluntary employee transfers, between classes within an agency, are not restricted when they are made in conformance with a written plan, approved in advance by the Department.(3) If an appointing power wishes to fill a vacancy in a SROA class, with an inter-agency transfer, the vacancy left in the other agency must be filled using the SROA program. Consideration will be given to the classes offered in the exchange, the salary relationship between the classes and the geographical location of the vacant position being offered. These transactions must be approved by the Department prior to the transfer actually taking place.(4) Emergency and Limited-Term appointments of less than nine months duration when there is no possibility of a permanent appointment.(5) Limited Examination Appointment Program (LEAP) appointments. Before a LEAP eligible can be initially hired the appointing power must first request and receive approval for a SROA exemption. When a LEAP eligible has successfully completed the Temporary Authorization (State Personnel Board rule 265) period the appointing power may make a permanent appointment for that person without requesting another SROA exemption.(d) Requests for special exemptions based on critical hiring needs will be granted only when the appointing power has demonstrated that the SROA candidates do not have the knowledge, skills and background required for the position, or that the training period required to qualify the SROA candidate would be of such length that the effectiveness of a specific program would be jeopardized unless the exemption is granted.Cal. Code Regs. Tit. 2, § 599.854.4
1. New section filed 8-28-90; operative 9-27-90 (Register 90, No. 42).
2. Change without regulatory effect amending section heading and subsections (a), (c)(1), and (c)(3) filed 4-2-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 14).
3. Change without regulatory effect amending subsections (a)(4)-(b) and (c)(1)-(3) and amending NOTE filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42). Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Sections 19998 and 19998.1, Government Code.
1. New section filed 8-28-90; operative 9-27-90 (Register 90, No. 42).
2. Change without regulatory effect amending section heading and subsections (a), (c)(1), and (c)(3) filed 4-2-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 14).
3. Change without regulatory effect amending subsections (a)(4)-(b) and (c)(1)-(3) and amending Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).