(a) Whenever a state officer or employee is required by any appointing power because of a change in assignment, promotion or other reason related to his/her duties, to change his/her place of residence, such officer, agent or employee shall receive his/her actual and necessary moving and relocation expenses incurred by him/her both before and after and by reason of such change of residence, subject to the provisions of this article.(b) For the purposes of this article, a move occurs on the official reporting date to the new headquarters, and a change in residence is reasonably to be required when the following conditions are met: (1) The officer's or employee's officially designated headquarters is changed for the advantage of the state, which includes the following: (A) a promotion offered by any appointing authority; or(B) a non-promotional transfer deemed to be in the best interests of the state by the officer's or employee's appointing authority; or(C) a transfer of an officer or employee by his/her or another appointing authority in lieu of a layoff of the officer or employee.(2) The normal commute distance must be as designated between all the following locations: (A) at least 56 kilometers (35 miles) between the old headquarters and the new headquarters; and(B) at least 56 kilometers (35 miles) between the old residence and the new residence; and(C) at least 56 kilometers (35 miles) between the old residence and the new headquarters; and(D) the new residence shall not be farther from the new headquarters than the old residence is from the new headquarters.(c) A change of residence is not deemed reasonably to be required for voluntary non-promotional transfers in response to general requests that specify that moving and relocation expenses will not be paid, or for any non-promotional transfer which is primarily for the benefit of the officer or employee.(d) Reimbursement for moves that do not conform to the established criteria may be granted when the Department has determined in advance that the officer or employee will be subject to unusual and unavoidable hardship by reason of the change of residence.Cal. Code Regs. Tit. 2, § 599.714
1. New Article 7 (Sections 599.714-599.724, not consecutive), including redesignation of Section 599.722 to Article 7 filed 9-6-83; effective thirtieth day thereafter (Register 83, No. 37). For prior history of Section 599.722, see Registers 83, No. 17; and 82, No. 42.
CROSS REFERENCE: See Title 2, Division 2, Chapter 1, Sections 732-739.
2. Editorial correction of subsections (a) and (c) (Register 95, No. 40).
3. Change without regulatory effect amending section and 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: Section 19841, Government Code.
1. New Article 7 (Sections 599.714-599.724, not consecutive), including redesignation of Section 599.722 to Article 7 filed 9-6-83; effective thirtieth day thereafter (Register 83, No. 37). For prior history of Section 599.722, see Registers 83, No. 17; and 82, No. 42.
CROSS REFERENCE: See Title 2, Division 2, Chapter 1, Sections 732-739.
2. Editorial correction of subsections (a) and (c) (Register 95, No. 40).
3. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).