2005 California Government Code Sections 19570-19589 Article 1. Disciplinary Proceedings

19570.  As used in this article "adverse action" means dismissal,
demotion, suspension, or other disciplinary action.  This article
shall not apply to any adverse action affecting managerial employees
subject to Article 2 (commencing with Section 19590), except as
provided in Sections 19590.5, 19592, and 19592.2.
19570.1.  Notwithstanding Section 19570, this section shall apply to
state employees in State Bargaining Unit 8.  As used in this
article, "disciplinary action" means dismissal, demotion, suspension,
or other disciplinary action.  "Disciplinary action" does not
include a written or oral reprimand taken against an employee.
Reprimands may be considered for the purpose of progressive
discipline.  This article shall not apply to any disciplinary action
affecting managerial employees subject to Article 2 (commencing with
Section 19590), except as provided in Sections 19590.5, 19592, and
19592.2.
19571.  In conformity with this article and the board rule, adverse
action may be taken against any employee, or person whose name
appears on any employment list for any cause for discipline specified
in this article.
19572.  Each of the following constitutes cause for discipline of an
employee, or of a person whose name appears on any employment list:
   (a) Fraud in securing appointment.
   (b) Incompetency.
   (c) Inefficiency.
   (d) Inexcusable neglect of duty.
   (e) Insubordination.
   (f) Dishonesty.
   (g) Drunkenness on duty.
   (h) Intemperance.
   (i) Addiction to the use of controlled substances.
   (j) Inexcusable absence without leave.
   (k) Conviction of a felony or conviction of a misdemeanor
involving moral turpitude.  A plea or verdict of guilty, or a
conviction following a plea of nolo contendere, to a charge of a
felony or any offense involving moral turpitude is deemed to be a
conviction within the meaning of this section.
   (l) Immorality.
   (m) Discourteous treatment of the public or other employees.
   (n) Improper political activity.
   (o) Willful disobedience.
   (p) Misuse of state property.
   (q) Violation of this part or of a board rule.
   (r) Violation of the prohibitions set forth in accordance with
Section 19990.
   (s) Refusal to take and subscribe any oath or affirmation that is
required by law in connection with the employment.
   (t) Other failure of good behavior either during or outside of
duty hours, which is of such a nature that it causes discredit to the
appointing authority or the person's employment.
   (u) Any negligence, recklessness, or intentional act that results
in the death of a patient of a state hospital serving the mentally
disabled or the developmentally disabled.
   (v) The use during duty hours, for training or target practice, of
any material that is not authorized for that use by the appointing
power.
   (w) Unlawful discrimination, including harassment, on any basis
listed in subdivision (a) of Section 12940, as those bases are
defined in Sections 12926 and 12926.1, except as otherwise provided
in Section 12940, against the public or other employees while acting
in the capacity of a state employee.
   (x) Unlawful retaliation against any other state officer or
employee or member of the public who in good faith reports,
discloses, divulges, or otherwise brings to the attention of, the
Attorney General or any other appropriate authority, any facts or
information relative to actual or suspected violation of any law of
this state or the United States occurring on the job or directly
related to the job.
19572.1.  (a) Notwithstanding Section 19572, this section shall
apply to state employees in State Bargaining Unit 8.
   (b) Disciplinary actions pursuant to Section 19576.5 shall be for
just cause or one or more of the following causes for discipline:
   (1) Fraud in securing appointment.
   (2) Incompetency.
   (3) Inefficiency.
   (4) Inexcusable neglect of duty.
   (5) Insubordination.
   (6) Dishonesty.
   (7) Drunkenness on duty.
   (8) Intemperance.
   (9) Addiction to the use of controlled substances.
   (10) Inexcusable absence without leave.
   (11) Conviction of a felony or conviction of a misdemeanor
involving moral turpitude.  A plea or verdict of guilty, or a
conviction following a plea of nolo contendere, to a charge of a
felony of any offense involving moral turpitude is deemed to be a
conviction within the meaning of this section.
   (12) Immorality.
   (13) Discourteous treatment of the public or other employees.
   (14) Improper political activity.
   (15) Willful disobedience.
   (16) Misuse of state property.
   (17) Violation of this part or of a board rule.
   (18) Violation of the prohibitions set forth in accordance with
Section 19990.
   (19) Refusal to take and subscribe any oath or affirmation that is
required by law in connection with the employment.
   (20) Other failure of good behavior either during or outside of
duty hours that is of such a nature that it causes discredit to the
appointing authority of the person's employment.
   (21) Any negligence, recklessness, or intentional act that results
in the death of a patient of a state hospital serving the mentally
disabled or the developmentally disabled.
   (22) The use during duty hours, for training or target practice,
of any material that is not authorized for that use by the appointing
power.
   (23) Unlawful discrimination, including harassment, on any basis
listed in subdivision (a) of Section 12940, as those bases are
defined in Sections 12926 and 12926.1, except as otherwise provided
in Section 12940, against the public or other employees while acting
in the capacity of a state employee.
   (24) Unlawful retaliation against any other state officer or
employee or member of the public who in good faith reports,
discloses, divulges, or otherwise brings to the attention of, the
Attorney General or any other appropriate authority, any facts or
information relative to actual or suspected violation of any law of
this state or the United States occurring on the job or directly
related to the job.
   (c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if any provision of
that memorandum of understanding requires the expenditure of funds,
that provision shall become effective only if approved by the
Legislature in the annual Budget Act.
19574.  (a) The appointing power, or its authorized representative,
may take adverse action against an employee for one or more of the
causes for discipline specified in this article.  Adverse action is
valid only if a written notice is served on the employee prior to the
effective date of the action, as defined by board rule.  The notice
shall be served upon the employee either personally or by mail and
shall include:  (1) a statement of the nature of the adverse action;
(2) the effective date of the action; (3) a statement of the reasons
therefor in ordinary language; (4) a statement advising the employee
of the right to answer the notice orally or in writing; and (5) a
statement advising the employee of the time within which an appeal
must be filed.  The notice shall be filed with the board not later
than 15 calendar days after the effective date of the adverse action.
   (b) Effective January 1, 1996, this subdivision shall apply only
to state employees in State Bargaining Unit 5.  This section shall
not apply to discipline as defined by Section 19576.1.
   (c) This subdivision shall apply only to state employees in State
Bargaining Unit 8.  This section shall not apply to minor discipline,
as defined by Section 19576.5 or a memorandum of understanding.
   (d) This subdivision shall apply only to state employees in State
Bargaining Units 8, 12, and 13.  If the provisions of this section
are in conflict with the provisions of a memorandum of understanding
reached pursuant to Section 3517.5, the memorandum of understanding
shall be controlling without further legislative action, except that
if the provisions of the memorandum of understanding require the
expenditure of funds, the provisions may not become effective unless
approved by the Legislature in the annual Budget Act.
19574.1.  (a) An employee who has been served with notice of adverse
action, or a representative designated by the employee, shall have
the right to inspect any documents in the possession of, or under the
control of, the appointing power which are relevant to the adverse
action taken or which would constitute "relevant evidence" as defined
in Section 210 of the Evidence Code.  The employee, or the
designated representative, shall also have the right to interview
other employees having knowledge of the acts or omissions upon which
the adverse action was based. Interviews of other employees and
inspection of documents shall be at times and places reasonable for
the employee and for the appointing power.
   (b) The appointing power shall make all reasonable efforts
necessary to assure the cooperation of any other employees
interviewed pursuant to this section.
   (c) This subdivision shall apply only to state employees in State
Bargaining Units 8, 12, and 13.  If the provisions of this section
are in conflict with the provisions of a memorandum of understanding
reached pursuant to Section 3517.5, the memorandum of understanding
shall be controlling without further legislative action, except that
if the provisions of the memorandum of understanding require the
expenditure of funds, the provisions may not become effective unless
approved by the Legislature in the annual Budget Act.
19574.2.  (a) Any party claiming that his or her request for
discovery pursuant to Section 19574.1 has not been complied with may
serve and file a petition to compel discovery with the Hearing Office
of the State Personnel Board, naming as respondent the party
refusing or failing to comply with Section 19574.1.  The petition
shall state facts showing that the respondent party failed or refused
to comply with Section 19574.1, a description of the matters sought
to be discovered, the reason or reasons why the matter is
discoverable under Section 19574.1, and the ground or grounds of
respondent's refusal so far as known to petitioner.
   (b) The petition shall be served upon respondent party and filed
within 14 days after the respondent party first evidenced his or her
failure or refusal to comply with Section 19574.1 or within 30 days
after the request was made and the party has failed to reply to the
request, whichever period is longer.  However, no petition may be
filed within 15 days of the date set for commencement of the
administrative hearing, except upon a petition and a determination by
the administrative law judge of good cause.  In determining good
cause, the administrative law judge shall consider the necessity and
reasons for the discovery, the diligence or lack of diligence of the
moving party, whether the granting of the petition will delay the
commencement of the administrative hearing on the date set, and the
possible prejudice of the action to any party.  The respondent shall
have a right to file a written answer to the petition.  Any answer
shall be filed with the Hearing Office of the State Personnel Board
and the petitioner within 15 days of service of the petition.
   Unless otherwise stipulated by the parties and as provided by this
section, the administrative law judge shall review the petition and
any response filed by the respondent and issue a decision granting or
denying the petition within 20 days after the filing of the
petition.  Nothing in this section shall preclude the administrative
law judge from determining that an evidentiary hearing shall be
conducted prior to the issuance of a decision on the petition.  In
the event that a hearing is ordered, the decision of the
administrative law judge shall be issued within 20 days of the
closing of the hearing.
   A party aggrieved by the decision of the administrative law judge
may, within 30 days of service of the decision, file a petition to
compel discovery in the superior court for the county in which the
administrative hearing will be held or in the county in which the
headquarters of the appointing power is located.  The petition shall
be served on the respondent party.
   (c) If from a reading of the petition the court is satisfied that
the petition sets forth good cause for relief, the court shall issue
an order to show cause directed to the respondent party; otherwise
the court shall enter an order denying the petition.  The order to
show cause shall be served upon the respondent and his or her
attorney of record in the administrative proceeding by personal
delivery or certified mail and shall be returnable no earlier than 10
days from its issuance nor later than 30 days after the filing of
the petition.  The respondent party shall have the right to serve and
file a written answer or other response to the petition and order to
show cause.
   (d) The court may, in its discretion, order the administrative
proceeding stayed during the pendency of the proceeding, and, if
necessary, for a reasonable time thereafter to afford the parties
time to comply with the court order.
   (e) Where the matter sought to be discovered is under the custody
or control of the respondent party and the respondent party asserts
that the matter is not a discoverable matter under Section 19574.1,
or is privileged against disclosure under Section 19574.1, the court
may order lodged with it matters which are provided in subdivision
(b) of Section 915 of the Evidence Code and shall examine the matters
in accordance with the provisions thereof.
   (f) The court shall decide the case on the matters examined by the
court in camera, the papers filed by the parties, and any oral
argument and additional evidence as the court may allow.
   (g) Unless otherwise stipulated by the parties, the court shall no
later than 45 days after the filing of the petition file its order
denying or granting the petition; provided, however, that the court
may on its own motion for good cause extend the time an additional 45
days.  The order of the court shall be in writing setting forth the
matters or parts the petitioner is entitled to discover under Section
19574.1.  A copy of the order shall forthwith be served by mail by
the clerk upon the parties.  Where the order grants the petition in
whole or in part, the order shall not become effective until 10 days
after the date the order is served by the clerk.  Where the order
denies relief to the petitioning party, the order shall be effective
on the date it is served by the clerk.
   (h) The order of the superior court shall be final and, except for
this subdivision, shall not be subject to review by appeal.  A party
aggrieved by the order, or any part thereof, may within 30 days
after the service of the superior court's order serve and file in the
district court of appeal for the district in which the superior
court is located, a petition for a writ of mandamus to compel the
superior court to set aside, or otherwise modify, its order.  Where a
review is sought from an order granting discovery, the order of the
trial court and the administrative proceeding shall be stayed upon
the filing of the petition for writ of mandamus; provided, however,
that the court of appeal may dissolve or modify the stay thereafter,
if it is in the public interest to do so.  Where the review is sought
from a denial of discovery, neither the trial court's order nor the
administrative proceeding shall be stayed by the court of appeal
except upon a clear showing of probable error.
   (i) Where the superior court finds that a party or his or her
attorney, without substantial justification, failed or refused to
comply with Section 19574.1, or, without substantial justification,
filed a petition to compel discovery pursuant to this section, or,
without substantial justification, failed to comply with any order of
court made pursuant to this section, the court may award court costs
and reasonable attorney fees to the opposing party.  Nothing in this
subdivision shall limit the power of the superior court to compel
obedience to its orders by contempt proceedings.
   (j) This subdivision shall apply only to state employees in State
Bargaining Units 8, 12, and 13.  If the provisions of this section
are in conflict with the provisions of a memorandum of understanding
reached pursuant to Section 3517.5, the memorandum of understanding
shall be controlling without further legislative action, except that
if the provisions of the memorandum of understanding require the
expenditure of funds, the provisions may not become effective unless
approved by the Legislature in the annual Budget Act.
19574.5.  Pending investigation by the appointing power of
accusations against an employee involving misappropriation of public
funds or property, drug addiction, mistreatment of persons in a state
institution, immorality, or acts which would constitute a felony or
a misdemeanor involving moral turpitude, the appointing power may
order the employee on leave of absence for not to exceed 15 days. The
leave may be terminated by the appointing power by giving 48 hours'
notice in writing to the employee.
   If adverse action is not taken on or before the date such a leave
is terminated, the leave shall be with pay.
   If adverse action is taken on or before the date such leave is
terminated, the adverse action may be taken retroactive to any date
on or after the date the employee went on leave. Notwithstanding the
provisions of Section 19574, the adverse action, under such
circumstances, shall be valid if written notice is served upon the
employee and filed with the board not later than 15 calendar days
after the employee is notified of the adverse action.
19575.  (a) The employee has 30 calendar days after the effective
date of the adverse action to file with the board a written answer to
the notice of adverse action.  The answer shall be deemed to be a
denial of all of the allegations of the notice of adverse action not
expressly admitted and a request for hearing or investigation as
provided in this article.  With the consent of the board or its
authorized representative an amended answer may subsequently be
filed.  If the employee fails to answer within the time specified or
after answer withdraws his or her appeal the adverse action taken by
the appointing power shall be final.  A copy of the employee's answer
and of any amended answer shall promptly be given by the board to
the appointing power.
   (b) This subdivision shall apply only to state employees in State
Bargaining Units 8, 12, and 13.  If the provisions of this section
are in conflict with the provisions of a memorandum of understanding
reached pursuant to Section 3517.5, the memorandum of understanding
shall be controlling without further legislative action, except that
if the provisions of the memorandum of understanding require the
expenditure of funds, the provisions may not become effective unless
approved by the Legislature in the annual Budget Act.
19575.5.  At any time before an employee's appeal is submitted to
the board or its authorized representative for decision, the
appointing power may with the consent of the board or its authorized
representative serve on the employee and file with the board an
amended or supplemental notice of adverse action. If the amended or
supplemental notice presents new causes or allegations the employee
shall be afforded a reasonable opportunity to prepare his defense
thereto, but he shall not be entitled to file a further answer unless
the board or its authorized representative so orders. Any new causes
or allegations shall be deemed controverted and any objections to
the amended or supplemental causes or allegations may be made orally
at the hearing or investigation and shall be noted in the record.
19576.  Whenever an answer is filed by an employee who has been
suspended without pay for five days or less or who has received a
formal reprimand or up to a one-step reduction in pay for four months
or less the board or its authorized representative shall make an
investigation with or without a hearing as it deems necessary;
however, in the event an employee receives one of these actions under
subdivision (r) of Section 19572 for behavior or acts outside of
duty hours, he shall, if he files an answer to the action, be
afforded a hearing; or if he receives one of the cited actions in
more than three instances in any 12-month period, he shall upon each
additional action within the same 12-month period be afforded a
hearing if he files an answer to the action.
   If the provisions of this section concerning whether a hearing
should be held are in conflict with the provisions of a memorandum of
understanding reached pursuant to the State Employer-Employee
Relations Act (SEERA), commencing with Section 3512, the memorandum
of understanding shall be controlling without further legislative
action, except that if such provisions of a memorandum of
understanding require the expenditure of funds, the provisions shall
not become effective unless approved by the Legislature in the annual
Budget Act.
19576.1.  Effective January 1, 1996, notwithstanding Section 19576,
this section shall apply only to state employees in State Bargaining
Unit 5.
   Whenever an answer is filed by an employee who has been suspended
without pay for five days or less or who has received a formal
reprimand or up to a five percent reduction in pay for five months or
less, the Department of Personnel Administration or its authorized
representative shall make an investigation, with or without a
hearing, as it deems necessary.  However, if he or she receives one
of the cited actions in more than three instances in any 12-month
period, he or she, upon each additional action within the same
12-month period, shall be afforded a hearing before the State
Personnel Board if he or she files an answer to the action.
   The Department of Personnel Administration shall not have the
above authority with regard to formal reprimands.  Formal reprimands
shall not be appealable by the receiving employee by any means,
except that the State Personnel Board, pursuant to its constitutional
authority, shall maintain its right to review all formal reprimands.
  Formal reprimands shall remain available for use by the appointing
authorities for the purpose of progressive discipline.
   Disciplinary action taken pursuant to this section is not subject
to Sections 19180, 19574.1, 19574.2, 19575, 19575.5, 19579, 19580,
19581, 19581.5, 19582, 19583, and 19587, or to State Personnel Board
Rules 51.1 to 51.9, inclusive, 52, and 52.1 to 52.5, inclusive.
   Notwithstanding any other law or rule, if the provisions of this
section are in conflict with the provisions of the memorandum of
understanding reached pursuant to Section 3517.5, the memorandum of
understanding shall be controlling without further legislative
action, except that if the provisions of a memorandum of
understanding require the expenditure of funds, the provisions shall
not become effective unless approved by the Legislature in the annual
Budget Act.
19576.5.  Notwithstanding Section 19576, this section applies only
to state employees in State Bargaining Unit 8.
   (a) Minor discipline is a suspension without pay for five days or
less or up to a 5-percent reduction in pay for five months or less.
Whenever an answer is filed by an employee who is subject to minor
discipline, and the memorandum of understanding for state employees
in State Bargaining Unit 8 has expired, the state employer shall
follow the minor discipline appeal procedures contained in the
expired memorandum of understanding for state employees in State
Bargaining Unit 8 until a successor agreement is negotiated between
the Department of Personnel Administration and the exclusive
representative.  However, if an employee receives one of the cited
actions in more than three instances in any 12-month period, he or
she shall, upon each additional action within the same 12-month
period, be afforded a hearing before the State Personnel Board if he
or she files an answer to the action.
   (b) The State Personnel Board shall not have the authority stated
in subdivision (a) with regard to written or oral reprimands.
Reprimands shall not be grievable or appealable by the receiving
employee by any means.  Rejections on probation shall not be
grievable or appealable by the receiving employee by any means except
as provided in Section 19175.1.
   (c) The appointing power shall not impose any discipline in a
manner that is inconsistent with "salary basis test" against an
employee employed in an executive, administrative, or professional
capacity and whose duties exempt him or her from the wage and hour
provisions of the federal Fair Labor Standards Act as set forth
pursuant to Section 13(a)(1) of the Fair Labor Standards Act of 1938,
as amended (29 U.S.C. Sec. 213(a)(1)), and in Part 54 of Title 29 of
the Code of Federal Regulations, as defined and delimited on the
effective date of this section, and as those provisions may be
amended in the future by the Administrator of the Wage and Hour
Division of the United States Department of Labor.
   (d) Disciplinary action taken pursuant to this section shall not
be subject to any of the following provisions:  Sections 19180,
19574.1, 19574.2, 19575, 19575.5, 19579, 19580, 19581, 19581.5,
19582, 19583, and 19587, and State Personnel Board Rules 51.1 to
51.9, inclusive, 52, and 52.1 to 52.5, inclusive.
   (e) Notwithstanding any other law or rule, if any provision of
this section is in conflict with any provision of the memorandum of
understanding reached pursuant to Section 3517.5, the memorandum of
understanding shall be controlling without further legislative
action, except that if provisions of a memorandum of understanding
require the expenditure of funds, those provisions shall not become
effective unless approved by the Legislature in the annual Budget
Act.
   (f) If the State Personnel Board establishes regulations to
implement this section, the regulations shall be consistent with the
expired memorandum of understanding for state employees in State
Bargaining Unit 8 and the Ralph C. Dills Act (Part 10.3 (commencing
with Section 3512) of Division 4 of Title 1).
19576.6.  This section shall apply only to state employees in State
Bargaining Unit 11 who have been disciplined for positive drug test
results and who expressly waive appeal to the State Personnel Board
and invoke arbitration proceedings pursuant to a collective
bargaining agreement.
   (a) Notwithstanding Section 19576, the State Personnel Board shall
not have the authority stated in subdivision (a) of that section.
   (b) Whenever an answer is filed by an employee and the memorandum
of understanding for employees in State Bargaining Unit 11 has
expired, the state employer shall follow the appeal procedures
contained in the expired memorandum of understanding for state
employees in State Bargaining Unit 11 until a successor agreement is
negotiated between the Department of Personnel Administration and the
exclusive representative.
   (c) Notwithstanding any other law or rule, if the provisions of
this section are in conflict with the provisions of the memorandum of
understanding reached pursuant to Section 3517.5, the memorandum of
understanding shall be controlling without further legislative
action, except that if the provisions of the memorandum of
understanding require the expenditure of funds, the provisions shall
not become effective unless approved by the Legislature in the annual
Budget Act.
19578.  (a) Except as provided in Section 19576, whenever an answer
is filed to an adverse action, the board or its authorized
representative shall within a reasonable time hold a hearing. The
board shall notify the parties of the time and place of the hearing.
The hearing shall be conducted in accordance with the provisions of
Section 11513 of the Government Code, except that the employee and
other persons may be examined as provided in Section 19580, and the
parties may submit all proper and competent evidence against or in
support of the causes.
   (b) This subdivision shall apply only to state employees in State
Bargaining Units 8, 12, and 13.  If the provisions of this section
are in conflict with the provisions of a memorandum of understanding
reached pursuant to Section 3517.5, the memorandum of understanding
shall be controlling without further legislative action, except that
if the provisions of the memorandum of understanding require the
expenditure of funds, the provisions may not become effective unless
approved by the Legislature in the annual Budget Act.
19579.  Failure of either party (the employee, the employer, or
their representatives) to proceed at the hearing shall be deemed a
withdrawal of the action or appeal, unless the hearing is continued
by mutual agreement of the parties, or upon showing of good cause.
19580.  Either by deposition or at the hearing the employee may be
examined and may examine or cause any person to be examined under
Section 776 of the Evidence Code.
19581.  The board or its authorized representative shall issue
subpenas for witnesses for the employee upon his written request and
at his cost.  The board or its authorized representative may require
such costs to be prepaid.
19581.5.  Prior to the scheduling of a contested adverse action or
rejection on probation for hearing, the board may require or any
party may request a prehearing or settlement conference.  The
administrative law judge presiding over the settlement conference
shall not preside over any subsequent hearing on the contested
adverse action or rejection on probation unless agreed to by both
parties.
19582.  (a) Hearings may be held by the board, or by any authorized
representative, but the board shall render the decision that in its
judgment is just and proper.
   During a hearing, after the appointing authority has completed the
opening statement or the presentation of evidence, the employee,
without waiving his or her right to offer evidence in the event the
motion is not granted, may move for a dismissal of the charges.
   If it appears that the evidence presented supports the granting of
the motion as to some but not all of the issues involved in the
action, the board or the authorized representative shall grant the
motion as to those issues and the action shall proceed as to the
issues remaining.  Despite the granting of the motion, no judgment
shall be entered prior to a final determination of the action on the
remaining issues, and shall be subject to final review and approval
by the board.
   (b) If a contested case is heard by an authorized representative,
he or she shall prepare a proposed decision in a form that may be
adopted as the decision in the case.  A copy of the proposed decision
shall be filed by the board as a public record and furnished to each
party within 10 days after the proposed decision is filed with the
board.  The board itself may adopt the proposed decision in its
entirety, may remand the proposed decision, or may reduce the adverse
action set forth therein and adopt the balance of the proposed
decision.
   (c) If the proposed decision is not remanded or adopted as
provided in subdivision (b), each party shall be notified of the
action, and the board itself may decide the case upon the record,
including the transcript, with or without taking any additional
evidence, or may refer the case to the same or another authorized
representative to take additional evidence.  If the case is so
assigned to an authorized representative, he or she shall prepare a
proposed decision as provided in subdivision (b) upon the additional
evidence and the transcript and other papers that are part of the
record of the prior hearing.  A copy of the proposed decision shall
be furnished to each party.  The board itself shall decide no case
provided for in this subdivision without affording the parties the
opportunity to present oral and written argument before the board
itself.  If additional oral evidence is introduced before the board
itself, no board member may vote unless he or she heard the
additional oral evidence.
   (d) In arriving at a decision or a proposed decision, the board or
its authorized representative may consider any prior suspension or
suspensions of the appellant by authority of any appointing power, or
any prior proceedings under this article.
   (e) The decision shall be in writing and contain findings of fact
and the adverse action, if any.  The findings may be stated in the
language of the pleadings or by reference thereto.  Copies of the
decision shall be served on the parties personally or by mail.
   (f) This section shall not apply to minor discipline, as defined
in a memorandum of understanding or by Section 19576.5, for state
employees in State Bargaining Unit 8.
   (g) This section shall not apply to state employees in State
Bargaining Unit 11 who have been disciplined for positive drug test
results and who expressly waive appeal to the State Personnel Board
and invoke arbitration proceedings pursuant to a collective
bargaining agreement.
   (h) This subdivision shall apply only to state employees in State
Bargaining Units 8, 12, and 13.  If the provisions of this section
are in conflict with the provisions of a memorandum of understanding
reached pursuant to Section 3517.5, the memorandum of understanding
shall be controlling without further legislative action, except that
if the provisions of the memorandum of understanding require the
expenditure of funds, the provisions may not become effective unless
approved by the Legislature in the annual Budget Act.
19582.1.  Notwithstanding Section 19582, this section shall apply to
state employees in State Bargaining Unit 8.
   (a) The board's review of decisions of minor discipline, as
defined by a memorandum of understanding or by Section 19576.5, shall
be limited to either adopting the penalty of the proposed decision
or revoking the disciplinary action in its entirety.
   (b) The board's review of decisions of discipline, including minor
discipline, shall not impose any discipline against an employee that
would jeopardize the employee's status under the federal Fair Labor
Standards Act, as set forth pursuant to Section 13(a)(1) of The Fair
Labor Standards Act of 1938, as amended (29 U.S.C.  Sec. 213(a)(1))
and in Part 54 of Title 29 of the Code of Federal Regulations, as
defined and delimited on the effective date of this section and as
those provisions may be amended in the future.
   (c) If provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provision shall not become effective unless approved by the
Legislature in the annual Budget Act.
19582.5.  The board may designate certain of its decisions as
precedents.  Decisions of the board are subject to Section 11425.60.
The board may provide by rule for the reconsideration of a
previously issued decision to determine whether or not it shall be
designated as a precedent decision.  All decisions designated as
precedents shall be published in a manner determined by the board.
19582.51.  Effective January 1, 1996, notwithstanding Section
19582.5, this section shall only apply to state employees in State
Bargaining Unit 5.  The board may designate certain of its decisions
as precedents.  Precedential decisions shall not be subject to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3.
The board may provide by rule for the reconsideration of a
previously issued decision to determine whether or not it shall be
designated as a precedent decision.  All decisions designated as
precedents shall be published in a manner determined by the board.
   For purposes of this section, decisions reached pursuant to
Section 19576.1 are not subject to board precedential decision.
Arbitrators shall not be bound by board precedential decisions, and
the board may not adopt an arbitrator's decision as a precedential
decision.
19582.6.  (a) Notwithstanding Section 19582.5, this section shall
apply only to state employees in State Bargaining Unit 8.
   (b) The board may designate certain of its decisions as
precedents. Precedential decisions shall not be subject to Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3.  The
board may provide by rule for the reconsideration of a previously
issued decision to determine whether or not it shall be designated as
a precedent decision.  All decisions designated as precedents shall
be published in a manner determined by the board.
   (c) For the purpose of this section, a decision reached pursuant
to Section 19576.2 is not subject to board precedential decision, and
the board may not adopt that decision as a precedential decision.
19583.  (a) The board shall render a decision within a reasonable
time after the hearing or investigation. The adverse action taken by
the appointing power shall stand unless modified or revoked by the
board. If the board finds that the cause or causes for which the
adverse action was imposed were insufficient or not sustained, or
that the employee was justified in the course of conduct upon which
the causes were based, it may modify or revoke the adverse action and
it may order the employee returned to his or her position with
appropriate restoration of backpay and lost benefits either as of the
date of the adverse action or as of such later date as it may
specify.  The decision of the board shall be entered upon the minutes
of the board and the official roster.
   (b) This subdivision shall apply only to state employees in State
Bargaining Units 8, 12, and 13.  If the provisions of this section
are in conflict with the provisions of a memorandum of understanding
reached pursuant to Section 3517.5, the memorandum of understanding
shall be controlling without further legislative action, except that
if the provisions of the memorandum of understanding require the
expenditure of funds, the provisions may not become effective unless
approved by the Legislature in the annual Budget Act.
19583.1.  Dismissal of an employee from the service shall, unless
otherwise ordered by the board:
   (a) Constitute a dismissal as of the same date from any and all
positions which the employee may hold in the state civil service.
   (b) Result in the automatic removal of the employee's name from
any and all employment lists on which it may appear.
   (c) Terminate the salary of the employee as of the date of
dismissal except that he shall be paid any unpaid salary, and paid
for any and all unused and accumulated vacation and any and all
accumulated compensating time off or overtime to his credit as of the
date of dismissal.
19583.5.  (a) Any person, except for a current ward of the
California Youth Authority, a current inmate of the Department of
Corrections, or a current patient of a facility operated by the State
Department of Mental Health, with the consent of the board or the
appointing power may file charges against an employee requesting that
adverse action be taken for one or more causes for discipline
specified in this article. Charges filed by a person who is a state
employee shall not include issues covered by the state's employee
grievance or other merit appeals processes. Any request of the board
to file charges pursuant to this section shall be filed within one
year of the event or events that led to the filing. The employee
against whom the charges are filed shall have a right to answer as
provided in this article. In all of these cases, a hearing shall be
conducted in accord with this article and if the board finds that the
charges are true it shall have the power to take any adverse action
as in its judgment is just and proper. An employee who has sought to
bring a charge or an adverse action against another employee using
the grievance process, shall first exhaust that administrative
process prior to bringing the case to the board.
   (b) This section shall not be construed to supersede Section
19682.
19583.51.  (a) Effective January 1, 1996, notwithstanding Section
19583.5, this section shall only apply to state employees in State
Bargaining Unit 5. Any person, except for a current ward of the
California Youth Authority, a current inmate of the Department of
Corrections, or a current patient of a facility operated by the State
Department of Mental Health, with the consent of the board or the
appointing power may file charges against an employee requesting that
adverse action be taken for one or more causes for discipline
specified in this article. Any request of the board to file charges
pursuant to this section shall be filed within one year of the event
or events that led to the filing.  The employee against whom the
charges are filed shall have a right to answer as provided in this
article. In all of these cases, a hearing shall be conducted in
accordance with this article and if the board finds that the charges
are true it shall have the power to take any adverse action as in its
judgment is just and proper.
   (b) This section shall not be construed to supersede Section
19682.
   (c) Any adverse action, as defined by Section 19576.1, that
results from a request to file charges pursuant to this section, is
subject to the appeal procedures in Section 19576.1.
19584.  Whenever the board revokes or modifies an adverse action and
orders that the employee be returned to his or her position, it
shall direct the payment of salary and all interest accrued thereto,
and the reinstatement of all benefits that otherwise would have
normally accrued.  "Salary" shall include salary, as defined in
Section 18000, salary adjustments and shift differential, and other
special salary compensations, if sufficiently predictable.  Benefits
shall include, but shall not be limited to, retirement, medical,
dental, and seniority benefits pursuant to memoranda of understanding
for that classification of employee to the employee for that period
of time as the board finds the adverse action was improperly in
effect.
   Salary shall not be authorized or paid for any portion of a period
of adverse action that the employee was not ready, able, and willing
to perform the duties of his or her position, whether the adverse
action is valid or not or the causes on which it is based state facts
sufficient to constitute cause for discipline.
   From any such salary due there shall be deducted compensation that
the employee earned, or might reasonably have earned, during any
period commencing more than six months after the initial date of the
suspension.
19585.  (a) This section shall apply to permanent and probationary
employees and may be used in lieu of adverse action and rejection
during probation when the only cause for action against an employee
is his or her failure to meet a requirement for continuing
employment, as provided in this section.  This section shall not
apply to cases subject to the provisions of termination or demotion
for medical reasons or retirement for disability.
   (b) An appointing power may terminate, demote, or transfer an
employee who fails to meet the requirement for continuing employment
that is prescribed by the board on or after January 1, 1986, in the
specification for the classification to which the employee is
appointed.  Notwithstanding the foregoing, as prescribed by Article
11 (commencing with Section 19991) of Chapter 1 of Part 2.6, the
appointing power may grant the employee a leave of absence in lieu of
one of the actions specified above.  In prescribing requirements for
continuing employment, the board may specify standards to ensure
that the requirements are consistently applied.  The board may also
specify when separation from a position for failure to meet
requirements for continuing employment also constitutes separation
from former positions that the employee held in other classifications
that have the same or greater requirements for continuing
employment.
   (c) The federal Immigration Reform and Control Act of 1986
requires termination of an employee for failure to meet the
employment eligibility requirements of that act, and if this is the
only cause for action against that employee, the termination shall be
carried out pursuant to this section.  If a person fails to meet the
employment eligibility requirements of the federal Immigration
Reform and Control Act of 1986, that information, when used under
this section, except for purposes of the appeals process, shall be
confidential, as provided in the federal Immigration Reform and
Control Act of 1986.
   (d) For the purposes of this section, requirements for continuing
employment shall be limited to the acquisition or retention of
specified licenses, certificates, registrations, or other
professional qualifications, education, or eligibility for continuing
employment or advancement to the fully qualified level within a
particular class series.  The board shall prescribe procedures to
ensure that employees affected by the requirements are informed of
them.  Requirements for continuing employment that are established
for the purposes of this section shall not include medical, physical
ability, work, or academy performance standards.
   (e) For the purposes of this section, an employee who has filed a
proper and timely application for renewal of a required license,
registration, or certificate shall be considered as having maintained
the license, registration, or certificate unless it is subsequently
denied, revoked, or suspended.
   (f) The employee shall receive at least five days' written notice
of termination, demotion, or transfer and shall have the right to
appeal the action to the board.
   (g) When the requirements for continuing employment have been
regained, terminated, demoted, or transferred employees may be
reinstated pursuant to Section 19140.
   (h) Any action under this section shall be considered
nondisciplinary for the purposes of the State Civil Service Act and
board rules.
   (i) Whenever the board revokes or modifies a termination,
demotion, or transfer under this section, the board shall direct the
payment of salary and benefits to the employee calculated on the same
basis and using the same standards as provided in Section 19584.
19586.  Within 30 days after the day a copy of the decision rendered
by the board in a proceeding under this article is served by the
board upon the parties to the decision, either party may petition the
board for rehearing of the decision.  The petition for rehearing
shall be in writing and shall contain all of the grounds upon which a
rehearing should be granted.
   Within 30 days after the filing of a petition for rehearing with
the board, the board shall cause notice thereof to be served upon the
other parties to the proceeding by mailing to each a copy of the
petition for rehearing.  The other parties to the proceeding shall
have 20 calendar days from the date of service of a copy of the
petition for rehearing to file with the board and serve upon the
petitioner a response to the petition for rehearing.
   Within 60 days after service of notice of filing of a petition for
rehearing, the board shall either grant or deny the petition in
whole or in part.  Failure to act upon a petition for rehearing
within this 60-day period is a denial of the petition.
19587.  If the petition for rehearing is granted, the matter shall
be set down for rehearing by the board or its authorized
representative.  If the matter is set for hearing before an
authorized representative, the hearing shall be conducted as to the
matters on which granted in substantially the same manner and under
like rules of procedure as an original hearing upon charges under
this article.  If the matter is set for hearing before the board
itself, the board may provide the parties with an opportunity to
provide written or oral argument and may decide the case upon the
record, including the transcript, with or without taking additional
evidence.
19588.  The right to petition a court for writ of mandate, or to
bring or maintain any action or proceeding based on or related to any
civil service law of this State or the administration thereof shall
not be affected by the failure to apply for rehearing by filing
written petition therefor with the board.
19589.  Letters of reprimand shall be removed from the personnel
file of the state employee and destroyed not later than three years
from the date the letters were issued.