§ 547.58.9. Appeal Rights, Requirements, and Time Periods.
2 CA ADC § 547.58.9Barclays Official California Code of Regulations
2 CCR § 547.58.9
§ 547.58.9. Appeal Rights, Requirements, and Time Periods.
(b) Article 2, Filing with SPB, shall apply to all appeals filed pursuant to this section. Where the appeal is based upon termination of an examination appointment during the job examination period, the time period by which to file the appeal shall be pursuant to section 52.4, subdivision (e)(1)(J)(i). For all other appeals under subdivision (a) of this section, the time period by which to file the appeal shall be pursuant to section 52.4, subdivision (e)(2).
(c) Subject to rebuttal by the appellant, it shall be presumed that the appointing power's action was free from fraud and bad faith and that the reason(s) for the action as stated in the written notice to the appellant is true. At the hearing, the appellant shall have the burden of proof to prove that there is no substantial evidence to support the reason(s) for the appointing power's action or that the appointing power's action was made in fraud or bad faith. If after the hearing the Board determines that the appellant satisfied his or her burden of proof as set forth herein, the Board shall take appropriate corrective action, which may include, but is not limited to any or all of the following:
Credits
Note: Authority cited: Sections 18701 and 19241, Government Code. Reference: Section 19244, Government Code.
History
1. New section filed 10-4-2017; operative 11-1-2017 pursuant to Government Code section 11343.4(b)(2) (Register 2017, No. 40).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 2, § 547.58.9, 2 CA ADC § 547.58.9
End of Document |