Statutes, codes, and regulations
California Code Of Regulations
Title 15 - Crime Prevention and CorrectionsDivision 3 - Adult Institutions, Programs and ParoleChapter 1 - Rules and Regulations of Adult Operations and ProgramsSubchapter 5 - Personnel
Article 2 - Employees
Section 3392.6 - Statutes of Limitation

Cal. Code Regs. tit. 15 § 3392.6

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Current through Register 2024 Notice Reg. No. 41, October 11, 2024
Section 3392.6 - Statutes of Limitation
(a) Notices of adverse action and letters of intent shall be served on employees prior to the expiration of the applicable statute of limitations period pursuant to Government Code sections 3304 and 19635.
(b) The statute of limitations for taking adverse action shall be assessed in accordance with all applicable laws, including Government Code section 3304(d)(1) for sworn staff, and Government Code section 19635 for both sworn and non-sworn staff.
(c) For the purpose of commencing the one-year statute of limitations for peace officers under Government Code section 3304(d)(1), only a hiring authority and the Office of Internal Affairs (OIA) Centralized Screening Team (CST) is authorized by the department to initiate the internal affairs investigation process upon the hiring authorities or CST's discovery of an allegation of misconduct.

Cal. Code Regs. Tit. 15, § 3392.6

1. New section filed 12-28-2021 as an emergency; operative 1-1-2022 (Register 2021, No. 53). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-9-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-13-2022 as an emergency; operative 6-13-2022 (Register 2022, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-13-2022 order, including renumbering of former section 3392.6 to section 3392.7, renumbering of former section 3392.5 to section 3392.6 and amendment of NOTE, transmitted to OAL 9-12-2022 and filed 9-29-2022; amendments effective 9-29-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 39).

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Section 5054, Penal Code; Sections 3304 and 19635, Government Code; Jackson v. City of LA (2003) 111 Cal.App.4th 899; Armstrong et al. v. Newsom et al., United States District Court for the Northern District of California, Court Case number 94-cv-02307-CW, Madrid v. Woodford, Special Masters Final Report Re: Department Of Corrections Post Powers Investigations And Employee Discipline; Case No. C90-3094-T.E.H. and Madrid v. Woodford, Order; Case No. C90-3094-T.E.H. Class Action.

1. New section filed 12-28-2021 as an emergency; operative 1/1/2022 (Register 2021, No. 53). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-9-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-13-2022 as an emergency; operative 6/13/2022 (Register 2022, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-13-2022 order, including renumbering of former section 3392.6 to section 3392.7, renumbering of former section 3392.5 to section 3392.6 and amendment of NOTE, transmitted to OAL 9-12-2022 and filed 9-29-2022; amendments effective 9/29/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 39).