(a) Merit issue complaints are complaints that the State Civil Service Act or Board regulation or policy has been violated by a state agency. These complaints include but are not limited to, interference with promotional opportunities, interference with a person's access to any SPB appeals process, and the designation of managerial positions pursuant to Government Code section 3513. Merit issue complaints do not include appeals of actions that are specifically provided for elsewhere in law or in Board regulations.

(b) Each state agency shall establish and publicize to its employees the process for addressing merit issue complaints. That process shall include provisions for informing employees in writing of the state agency's decision and of the employee's right to appeal the state agency's decision on the merit issue complaint to the Appeals Division.

(d) Each state agency shall inform employees or applicants at the time the complaint is received of their right to challenge the state agency's decision, denial of the complaint or failure to respond by filing a complaint with the Appeals Division and the timelines for filing according to section 66.1, subdivision (e).

(e) A merit issue complaint shall be filed with the Appeals Division within 30 days of the state agency's decision or denial of the complaint. Failure of a state agency to respond to a merit issue complaint within 90 days of receipt of the complaint shall be deemed a denial of the complaint's allegations and shall release the appellant to file a merit issue complaint directly with the Appeals Division within 30 days of the 90^th day.

(f) Merit Issue Complaints are assigned to investigative review by an Investigative Officer pursuant to section 53.2.

(g) Persons not having competed in an examination or selection process who wish to file a complaint that the State Civil Service Act or Board regulation or policy has been violated by a state agency, may submit requests for review to the Board's Compliance Review Division.