Section 250 - Determining Merit and Fitness During the Hiring Process(a) This regulation shall govern the hiring process for the following types of appointments: (1) Employment list appointments, as defined in Government Code section 18537, except reemployment and SROA list appointments;(2) Transfers, as defined in Government Code section 18525.3; and(3) Permissive reinstatements, as defined in Government Code section 19140.(b) The hiring process for eligible candidates shall be competitive and involve an assessment of the qualifications of the candidates and be designed and administered to hire candidates who will be successful. The hiring process shall be conducted by using job-related criteria. The hiring process shall include one or more of the following selection instruments: hiring interviews, standardized performance demonstrations, written exercises, role-plays, or simulations, as well as any other selection instrument or procedure designed to objectively and fairly evaluate each candidate's qualifications to be successful in the position.(c) As a best practice, prior to making the hiring decision, the appointing power should review the official personnel file of the candidate who is a current state employee and conduct reference checks of the candidate, regardless of whether the candidate is employed inside or outside of state service.(d) Unless otherwise specified in subdivision (f), persons selected for appointment shall satisfy the minimum qualifications of the classification to which he or she is appointed or have previously passed probation and achieved permanent status in that same classification. While persons selected for appointment may meet some or most of the preferred or desirable qualifications, they are not required to meet all the preferred or desirable qualifications.(e) In accordance with section 26, the appointing power shall prepare and retain documentation demonstrating the subdivision (b) activities that were conducted during the hiring process and the reasons for the hiring decision, which may include a written memorandum summarizing and explaining the rationale of the appointing power's hiring decision.(f) This section does not apply to intra-agency job reassignments. Intra-agency job reassignments may be approved by the appointing power with consideration of any applicable collective bargaining contract between a recognized public employee organization and the state.(g) Nothing herein shall be construed to relieve appointing powers from the obligation to reasonably accommodate individuals with disabilities as required under the Americans with Disabilities Act, the Fair Employment and Housing Act, and the Civil Service Act.(h) Nothing herein shall be construed so as to contravene the intent and purpose of Article VII, Section 6, of the California Constitution, which provides for the granting of preferences in state civil service to veterans and their surviving spouses.Cal. Code Regs. Tit. 2, § 250
1. New section filed 5-17-2004; operative 5-17-2004. Submitted to OAL for printing only pursuant to Government Code sections 18211 and 18213 (Register 2004, No. 21).
2. Repealer and new section filed 4-27-2017; operative 7-1-2017. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2017, No. 17).
3. Amendment of subsections (b), (c) and (e) filed 11-30-2021; operative 1-1-2022. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2021, No. 49). Note: Authority cited: Sections 18502, 18660 and 18701, Government Code. Reference: Section 19050, Government Code.
1. New section filed 5-17-2004; operative 5-17-2004. Submitted to OAL for printing only pursuant to Government Code sections 18211 and 18213(Register 2004, No. 21).
2. Repealer and new section filed 4-27-2017; operative 7/1/2017. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2017, No. 17).
3. Amendment of subsections (b), (c) and (e) filed 11-30-2021; operative 1/1/2022. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2021, No. 49).