Section 17036 - Selection Process Appeals(a) Applicants to Program positions may appeal to the Department actions and decisions made in the Local Agency selection process on the following grounds: (1) for alleged irregularity, discrimination, bias, or fraud in one or more steps in an examination.(2) for alleged improper acts or circumstances resulting in erroneous interpretation and application, by the examiners, of the skills, knowledge and abilities considered essential for satisfactory performance in the class for which the applicant was examined.(b) Appeals of decisions from selection procedures must be filed with the Department within 30 calendar days of the date on which the appellant receives notice of the decision that he or she is appealing. Sufficient examination material shall be made available to an appellant to explain the basis for the examination decision, and to confirm the computation of the appellant's score unless in the Department's discretion such access would result in an unfair advantage to the appellant in a future examination.(c) The Director shall appoint a Hearing Officer to hear the appeal and to prepare a proposed decision. The Hearing Officer shall review documents submitted by the appellant and such other evidence as the Hearing Officer may request. The appellant shall have the burden of demonstrating by a preponderance of the evidence that the selection process was conducted improperly under subsections (a)(1) or (a)(2) of this section, and that, as a result, the applicant was ineligible for consideration by the Local Agency in filling the position. The Hearing Officer may in his or her discretion schedule an evidentiary hearing. The Hearing Officer shall prepare a proposed decision for the Director. The Director shall render a decision within 60 calendar days of submission of all of the evidence.(d) An appeal under this section shall not require a delay of an appointment to a Program position unless the Local Agency in its discretion determines a delay is appropriate. Any correction in ratings shall not affect appointments that may have already been made from the eligible list.Cal. Code Regs. Tit. 2, § 17036
1. New section filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing only (Register 2016, No. 26). Note: Authority cited: Sections 19800, 19801, 19803 and 19811, Government Code. Reference: Sections 19803 and 19805, Government Code.
1. New section filed 6-23-2016; operative 6/23/2016. Submitted to OAL for filing and printing only (Register 2016, No. 26).