(a) When the Board, Executive Officer, or Department determines that an appointment is unlawful, the Board, Executive Officer, or Department may take corrective action up to and including voiding the appointment under the following circumstances:
(1) The action to correct or void the appointment is taken within one year after the appointment; and
(A) The appointing power or employee or both the appointing power and employee did not act in good faith in accordance with section 243; or
(B) The appointment was accepted and made in good faith by both the appointing power and employee; and the appointment would not have been made but for some mistake of law or fact that if known to the parties would have rendered the appointment unlawful when made.
(b) When the Board or Executive Officer determines that an appointment is unlawful and the appointment has been in effect for longer than one year, the Board or Executive Officer may take corrective action up to and including voiding the appointment under any or all of the following circumstances:
(1) The employee did not act in good faith in accordance with section 243, subdivision (c).
(2) The appointing power did not act in good faith in accordance with section 243, subdivision (b).
(3) The action(s) or omission(s) found to render the appointment(s) unlawful resulted in a selection process not based solely on merit or that significantly disadvantaged the other candidates.
(c) Where corrective action includes voiding an appointment(s), the Board, Executive Officer, or Department, whichever has decided to take the action, may order the appointing power to void the appointment(s) and provide the affected employee(s) the right to respond to the appointing power, as set forth in section 243.5.
(d) The provisions herein shall not limit or restrict the authority to delegate powers and duties related to the correction of unlawful appointments, as expressed in section 37.
Credits
Note: Authority cited: Sections 18502, 18701 and 18660, Government Code. Reference: Cal. Const., Art. VII, §§ 1 and 3; and Sections 18502, 18654, 18710, 19050 and 19257.5, Government Code.
1. New section filed 4-2-2018; operative 7-1-2018. This regulatory action is exempt from the Administrative Procedure Act and OAL review pursuant to Government Code section 18211. Submitted to OAL for filing and printing only (Register 2018, No. 14).
2. Amendment of subsections (a)(1)(A) and (b)(1)-(2) filed 8-22-2022; operative 10-1-2022 (Register 2022, No. 34).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 2, § 243.2, 2 CA ADC § 243.2
