Section 599.714.1 - Scope - Excluded Employees(a) Whenever a permanent 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 reimbursement of 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 and limitations of this article.(b) For the purposes of this article, a move occurs on the official reporting date to the new headquarters, and when a change in residence is reasonably to be required. Relocation shall be paid, 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, not including those movements that the employee could make through transfer, reinstatement or reemployment eligibility; or(B) An involuntary transfer initiated by and at the discretion of the appointing authority,(C) An involuntary transfer required to affect a mandatory reinstatement following: (I) termination of a career executive or exempt appointment, or(II) leave of absence, or(III) rejection from probation.(D) Any involuntary transfer required to affect a mandatory reinstatement following the expiration or involuntary termination of a temporary appointment, limited-term appointment or training and development assignment when: (I) the employee did not relocate to accept the appointment or assignment, or(II) the employee did relocate, at state expense, to accept the appointment or assignment.(2) The move must be a minimum of 50 miles plus the number of miles between the old residence and the old headquarters.(3) Relocations that meet the above criteria will be fully reimbursed to the extent and limitations in this article.(c) A change of residence is not deemed reasonably to be required for voluntary transfers or permissive reinstatements, with or without a salary increase, in response to general request, which 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) When an appointment does not meet the criteria in subsections (a) and (b) the appointing power may, at his/her discretion, determine in advance that it is in the best interest of the state to reimburse all or part of the actual reasonable and necessary relocation expenses provided in this article as an incentive to recruit employees to positions that are designated by the appointing power as difficult to fill or because of outstanding qualifications of the appointee, or due to unusual and unavoidable hardship to the employee by reason of the change of residence. (1) Relocations that meet this criteria shall be reimbursed only for the items in this article specifically authorized by the appointing power and may be subject to further limitations designated by the appointing power.(2) Upon determination that any reimbursement will be made, the appointing power shall: (A) Determine which provisions will apply to the relocation and establish any additional limitations to those provisions such as dollar limits, weight limits or time limits.(B) Notify the employee, in writing, of specific allowable reimbursements prior to the move.(e) Requirements and limitations specified in this article may not be waived or exceeded by the appointing power.(f) Unauthorized relocation expenses and relocation expenses incurred prior to receipt of a written notice of allowable relocation expenses are the responsibility of the employee.Cal. Code Regs. Tit. 2, § 599.714.1
1. New section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).
2. 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 section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).
2. 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).