A pay parity hearing is the Department's procedure for addressing excluded employee or employee representative requests for salary range adjustments under Government Code section 19826 and the principle that “like salaries shall be paid for comparable duties and responsibilities.” A pay parity hearing is quasi-legislative in nature, and shall be conducted as follows:
(a) Requesting a Pay Parity Hearing
(1) A request for pay parity hearing must be submitted in writing to the Director, and must identify the classifications at issue.
(2) The Director shall respond to the request within 30 days.
(3) If a request for hearing is granted, the Director will designate a hearing officer to hear the claim and a Department designee to participate in the hearing.
(1) The administrative adjudication provisions of the Administrative Procedure Act (APA), set forth in Chapters 4.5 and 5 of Part 1 of Division 3 of Title 2 of the Government Code, are not applicable to pay parity hearings.
(2) Formal rules of evidence shall not apply.
(3) Prior to the hearing, the hearing officer may require participants to identify witnesses, submit a position statement, or provide any documentary evidence for inclusion in the administrative record.
(4) The hearing will be audio-recorded, and witnesses shall testify under oath.
(5) The hearing officer retains discretion to conduct the hearing in any manner necessary to address the claim. The hearing officer may modify any aspect of the hearing process in order to accommodate the needs of the case or the hearing participants.
(c) Post-Hearing Procedures
(1) The hearing officer may allow the record to remain open for a period not to exceed 60 days following conclusion of the hearing.
(2) The hearing officer retains discretion to independently investigate any aspect of the claim and may request additional information from any participant or witness.
(1) The hearing officer will present a written recommendation to the Director within 90 days of close of record.
(2) Within 45 days of receiving the written recommendation, the Director will review the proposed recommendation and approve, modify, or reject the hearing officer's decision, or direct that additional information be provided.
(3) With the exception of sections 599.907, 599.908 and 599.910, Article 25 of Chapter 3 of Division 1 of Title 2 of the California Code of Regulations is not applicable to pay parity hearings.
Credits
Note: Authority cited: Sections 3539.5 and 19815.4, Government Code. Reference: Sections 19815.4 and 19826, Government Code; and Lowe v. California Resources Agency (1991) 1 Cal.App.4th 1140.
1. New section filed 7-29-2016; operative 7-29-2016 pursuant to Government Code section 3539.5. Exempt from OAL review and approval pursuant to Government Code section 3539.5; therefore, submitted to OAL for filing and printing only (Register 2016, No. 31).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 2, § 599.860, 2 CA ADC § 599.860
