Section 599.804 - Determination of Misuse and Actual Costs(a) Determination of Costs. The head of each agency shall determine under the provisions of these regulations the amount and enforce the collection of actual costs to the state attributable to misuse of state-owned motor vehicles by employees of his/her agency. Money collected from the employee shall be deposited to the credit of the fund supporting operation of the vehicle improperly used.(b) Investigation of Misuse and Actual Costs. Within thirty (30) calendar days after an agency has reasonable cause to believe that misuse of a state-owned motor vehicle by one of its employees has occurred or has been notified by the Department of General Services of such alleged misuse, a representative designated by the agency head shall, without a formal hearing, initiate and complete a preliminary investigation with a view to determining the following: (1) Whether a misuse occurred.(2) The employee responsible for such misuse.(3) Whether punitive action should be taken and if so the action recommended.(4) The actual costs to the state attributable to such misuse, unless the same are not reasonably ascertainable at the time of the completion of the preliminary investigation in which event they shall be determined in accordance with section 599.805 of these regulations.(c) Rights of Employee During Investigation. Any employee involved in the reported misuse, shall, during the course of the investigation, be given an opportunity to give an explanation, and shall be fully advised of the allegations and of the facts developed by the investigation.(d) Notice to Employee of Agency's Preliminary Decision. Within five (5) days after concluding the investigation, the representative designated by the agency head shall set down his preliminary decision on a form to be furnished by the Department of General Services, together with a report of his investigation, and serve a copy thereof on the employee, and shall at the same time send a copy thereof to the agency head and to the Department of General Services. Where the employee named in the decision is exempt from civil service, the California Department of Human Resources shall also be sent a copy of the decision and report of investigation.(e) Appeal to Head of Agency. The employee shall have ten (10) days from service within which to file a written request with the head of the agency to review the decision except that if punitive action is taken the ten (10) day appeal period and the time for review provided in subsection (f) below shall not commence until the punitive action is final.(f) Review by Head of Agency. Where such a request is filed, the agency head shall review the preliminary decision or, in the absence of any request, he may upon his own motion review it. The review may be conducted either with or without a hearing. The agency head shall either approve, reverse, or modify the preliminary decision. The action of the head of the agency shall be set forth in writing and a copy served on the employee. This shall constitute the final decision of the agency and become effective thirty (30) days after it is served upon the employee.(g) Effective Date When Preliminary Decision is Not Reviewed. Where the preliminary decision is not reviewed under the foregoing sections and no punitive action is taken, it shall constitute the final decision of the agency and become effective thirty (30) days after it is served upon the employee.(h) Service of Final Decision of the Agency. The Department of General Services shall be sent a copy of the decision within ten (10) days after it becomes final. Where the employee named in the decision is exempt from civil service, the California Department of Human Resources shall also be sent a copy of the decision. A copy of the final decision shall be served on the employee.(i) Consolidation of Separate Charges of Misuse. Where there are two or more independent charges of misuse involving the same employee, such charges may be consolidated under this section at any time prior to the rendition of the agency's final decision.Cal. Code Regs. Tit. 2, § 599.804
1. Change without regulatory effect amending section and NOTE filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42). Note: Authority cited: Sections 18502, 19815.4(d) and 19993.2, Government Code. Reference: Sections 19993.1, 19993.2, 19993.3, 19993.4, 19993.5, 19993.6 and 19993.7, Government Code.
1. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).