(a) “Administrative Law Judge” or “ALJ” means a person employed by the State Personnel Board (SPB) to conduct evidentiary hearings under this article.

(b) “Adverse action” means an action taken by an appointing power to discipline an employee and includes formal reprimand, transfers for disciplinary reasons, suspension, reduction-in-salary, demotion and dismissal.

(c) “Affirmative defense” means an assertion by one party raising facts and arguments that, if true, will defeat the other party's claim, even if all allegations in the other party's complaint or Notice of Adverse Action are true.

(d) “Agency” means any agency, department, board, commission, district, or other designated entity that employs state civil service employees.

(e) “Appeal” means any written request for relief or review filed as provided in these regulations and includes “application,” “petition,” “protest,” “complaint” and “answer” pursuant to section 19575 of the Government Code.

(f) “Appeals division” means the Appeals Division of the State Personnel Board.

(g) “Appellant” means the person or organization filing any appeal with the SPB.

(h) “Appointing authority” or “appointing power” means the individual or entity that possesses the final authority to appoint and/or dismiss a state employee.

(j) “Board” means the five-member State Personnel Board.

(k) “Brought to Hearing” means when the record is opened for the purposes of initiating the evidentiary hearing and receiving evidence.

(l) “Business days” means all days that all state agencies are open for business, excluding weekends, holidays or other designated days. For purposes of these regulations, unless otherwise indicated a business day commences at 8:00 a.m. and concludes at 5:00 p.m. The term “business days” includes the term “working days.”

(m) “Complainant” means the person or organization filing a complaint of discrimination, harassment, retaliation, or denial of reasonable accommodation for a known physical or mental disability.

(n) “Constructive Medical Action” means an involuntary transfer or demotion, or a refusal to permit an employee to return to work for purported medical reasons without providing the employee those due process protections set forth in Government Code section 19253.5.

(o) “Days” means calendar days, unless otherwise indicated.

(p) “Digital signature” means an electronic identifier, created by a computer, that is intended by the party using it to have the same force and effect as the use of a manual signature. The use of a digital signature is:

(q) “Electronic signature” means an electronic sound, symbol, or process attached to, or logically associated with, an electronic record and executed or adopted by a person with the intent to sign the electronic record.

(r) “Examination appeal” means appeals concerning allegations that: an Appellant's civil service examination was not accepted by the examining agency; civil service examination statutes, regulations or policies were violated during the examination process; and/or improprieties in the appointment or promotion process.

(s) “Evidentiary hearing” means a hearing conducted before an ALJ, during which: opening and closing arguments are permitted; direct examination and cross examination of witnesses is permitted; physical and documentary evidence may be introduced and admitted; and a proposed decision is submitted by the ALJ for review by the Board.

(t) “Executive Officer” means the Executive Officer of the State Personnel Board, as designated in Article VII, section 3, subdivision (b), of the California Constitution.

(u) “Filed” means received by the State Personnel Board after the filing party has complied with applicable statutory and regulatory filing requirements.

(v) “Good cause” means a substantial and compelling reason allowing a party to be excused from Subchapter 1.2 of these regulations. Good cause shall be evaluated using the following factors and relevant issues and events beyond the party's control, considering the length of any delay, the diligence of the party making the request, and any potential prejudice to the other party:

(w) “Hearing officer” means a State Personnel Board employee designated by the Board, the Executive Officer, or other appropriate authority, to conduct a hearing concerning appeals from pre-employment medical or psychological disqualification, appeals from a failure of a pre-employment drug test, and other appeals as deemed appropriate, in accordance with sections 54.1 and 55.2.

(x) “Informal Hearing” means a hearing conducted pursuant to Government Code sections 11445.10 through 11445.60.

(y) “Investigative officer” means a State Personnel Board employee designated by the board, the Executive Officer, or other appropriate authority, to conduct an investigative review concerning merit issue appeals, requests-to-file-charges, appeals from withhold from certification, appeals from voided appointment, examination appeals, requests from dismissed employees to take civil service examinations, and other appeals as deemed appropriate.

(z) “Investigative Review” means an investigation conducted by an investigative officer during which the investigative officer shall have the authority to conduct the investigation in accordance with the provisions of section 55.1.

(aa) “Investigatory Hearing” means an evidentiary hearing conducted by the Chief ALJ's designee in accordance with the provisions of section 55.2.

(bb) “Medical Action” means an action to transfer, demote, dismiss, or to involuntarily apply for disability benefits on behalf of an employee for asserted medical reasons, pursuant to the provisions of Government Code section 19253.5.

(cc) “Medical condition” has the same meaning as the definition in Government Code section 19296.

(dd) “Merit issue appeal” means an appeal concerning allegations that the State Civil Service Act or State Personnel Board regulation or policy related to applications, appointments and promotions within the civil service system has been violated by an agency. Merit issue appeals include, but are not limited to: allegations of interference with promotional opportunities, disputes concerning the effective date of appointments and promotions, and the applicability of alternate salary ranges. Merit issue appeals do not include appeals of actions that are specifically provided for elsewhere in law or in board regulations.

(ee) “Non-punitive action” means an action to transfer, demote, or dismiss an employee for failure to meet one or more requirements for continuing employment pursuant to the provisions of Government Code section 19585.

(ff) “Office of the Chief Counsel” means the Office of the Chief Counsel for the board.

(gg) “Peremptory strike” means the disqualification without cause of an ALJ assigned to a hearing.

(hh) “Presiding officer” means an individual who presides over a hearing in a contested case.

(ii) “Rebuttal” is the opportunity for the presentation of additional evidence by either party after the conclusion of their cases-in-chief.

(jj) “Rebuttal evidence” means evidence intended to respond to new points or new evidence first introduced by the opposing party.

(kk) “Rejection during probationary period” or “rejection” means an action to remove an employee from a probationary appointment.

(ll) “Respondent” means the person or state agency from whose action or decision the appellant is seeking relief.

(mm) “Surrebuttal” means the presentation of evidence in refutation of new evidence presented during rebuttal.