2010 California Code
Government Code
Article 2. Investigations And Hearings

18670.  (a) The board may hold hearings and make investigations
concerning all matters relating to the enforcement and effect of this
part and rules prescribed under this part. It may inspect any state
institution, office, or other place of employment affected by this
part to ascertain whether this part and the board rules are obeyed.
   The board shall make investigations and hold hearings at the
direction of the Governor or the Legislature or upon the petition of
an employee or a citizen concerning the enforcement and effect of
this part and to enforce the observance of Article VII of the
Constitution and of this part and the rules made under this part.
   (b) Effective January 1, 1996, this subdivision shall apply only
to state employees in State Bargaining Unit 5. For purposes of
subdivision (a), any discipline, as defined by Section 19576.1, is
not subject to either a board investigation or hearing. Board review
shall be limited to acceptance or rejection of discipline imposed
pursuant to Section 19576.1.


18671.  Such hearings and investigations may be conducted by the
board, any member, or any authorized representative of the board. Any
authorized person conducting such hearing or investigation may
administer oaths, subpoena and require the attendance of witnesses
and the production of books or papers, and cause the depositions of
witnesses residing within or without the state to be taken in the
manner prescribed by law for like depositions in civil cases in the
superior court of this state under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure.



18671.1.  Whenever a hearing or investigation is conducted by the
board or its authorized representative in regard to an appeal by an
employee, the hearing or investigation shall be commenced within a
reasonable time after the filing of the petition and the board shall
render its decision within a reasonable time after the conclusion of
the hearing or investigation, except that the period from the filing
of the petition to the decision of the board shall not exceed six
months or 90 days from the time of the submission, whichever time
period is less, and except that the board may extend the six-month
period up to 45 additional days. In the event of an extension, the
board shall publish substantial reasons for the need for the
extension in its calendar prior to the conclusion of the six-month
period. Submission occurs on the last day of the hearing, if no other
documents are to be filed, or on the last day designated for the
filing of briefs or other evidence necessary to complete the record.
The provisions relating to the six-month or the 90-day periods for a
decision may be waived by the employee but if not so waived, a
failure to render a timely decision is an exhaustion of all available
administrative remedies. In cases involving complaints of
discrimination, harassment, or retaliation, where the executive
officer renders a decision, the decision shall be rendered within
four months of the filing of the appeal.


18671.2.  (a) The total cost to the state of maintaining and
operating the hearing office of the board shall be determined by the
board, in advance or upon any other basis as it may determine,
utilizing information from the state agencies for which services are
provided by the hearing office.
   (b) The board shall be reimbursed for the entire cost of hearings
conducted by the hearing office pursuant to statutes administered by
the board, or by interagency agreement. The board may bill the
appropriate state agencies for the costs incurred in conducting
hearings involving employees of those state agencies, and employees
of the California State University pursuant to Sections 89535 to
89542, inclusive, of the Education Code, and may bill the state
departments having responsibility for the overall administration of
grant-in-aid programs for the costs incurred in conducting hearings
involving employees not administering their own merit systems
pursuant to Chapter 1 (commencing with Section 19800) of Part 2.5.
All costs collected by the board pursuant to this section shall only
be used for purposes of maintaining and operating the hearing office
of the board.


18672.  (a) Subpoenas and subpoenas duces tecum may be issued for
attendance at a hearing and for production of documents at any
reasonable time and place. However, a subpoena shall not be issued to
compel attendance of any witness who does not reside within 100
miles of the place where the hearing or investigation is held unless
it is shown to the satisfaction of a member of the board, the
executive officer, or the person authorized to conduct the
investigation or hearing, by affidavit stating the facts, that the
witness is a material witness. Such a statewide subpoena shall be
served at least five days prior to the date of hearing.
   (b) Subpoenas and subpoenas duces tecum shall be issued by the
board or its authorized representative at the request of a party.
   (c) The process extends to all parts of the state and shall be
served in accordance with Sections 1987 and 1988 of the Code of Civil
Procedure. A subpoena or subpoena duces tecum may also be delivered
by certified mail return receipt requested or by messenger. Service
by messenger shall be effected when the witness acknowledges receipt
of the subpoena to the sender, by telephone, by mail, or in person,
and identifies himself or herself either by reference to date of
birth and driver's license number or Department of Motor Vehicles
identification number, or the sender may verify receipt of the
subpoena by obtaining other identifying information from the
recipient. The sender shall make a written notation of the
acknowledgment. A subpoena issued and acknowledged pursuant to this
section has the same force and effect as a subpoena personally
served. Failure to comply with a subpoena issued and acknowledged
pursuant to this section may be punished as a contempt and the
subpoena may so state. A party requesting a continuance based upon
the failure of a witness to appear at the time and place required for
the appearance or testimony pursuant to a subpoena, shall prove that
the party has complied with this section. The continuance shall only
be granted for a period of time that would allow personal service of
the subpoena and in no event longer than that allowed by law.
   (d) No witness is obliged to attend unless the witness is a
resident of the state at the time of service.
   (e) The custodian of documents that are the subject of a subpoena
duces tecum may satisfy the subpoena by delivery of the documents or
a copy of the documents, or by making the documents available for
inspection or copying, together with an affidavit in compliance with
Section 1561 of the Evidence Code.



18672.1.  (a) A person served with a subpoena or a subpoena duces
tecum may object to its terms by a motion for a protective order,
including a motion to quash made orally to the board or its
authorized representative or in writing.
   (b) The objection shall be resolved by the board or its authorized
representative on terms and conditions that he or she declares. The
board or its authorized representative may make any other order that
is appropriate to protect the parties or the witness from
unreasonable or oppressive demands, including violations of the right
to privacy.



18673.  If a witness does not reside within 100 miles of the place
where the hearing or investigation is held, is out of the state or is
too infirm to attend the hearing or investigation, any party thereto
at his or her own expense may cause his or her deposition to be
taken.
   If a "statewide" subpoena has been issued and served on a witness,
his or her deposition shall not be used as evidence, but he or she
shall be personally present at any hearing or investigation at which
he or she is a witness. If the presence of any other witness cannot
be procured at the time of the hearing or investigation, the
deposition of that witness may be used in evidence by either party or
the board.


18674.  Witnesses at a hearing or investigation are entitled to the
same fees as are allowed witnesses in civil cases in courts of
record.
   An officer serving a subpena to secure the attendance of such a
witness shall receive the same mileage as for the service by him of a
writ or paper for the State. Such fees and mileage, except in
dismissal or other punitive proceedings where the service is
requested by the accused, need not be prepaid.
   If a witness is subpenaed by a State agency or its representative,
the Controller shall draw his warrant for payment of fees and
mileage when the amount is certified by the board or the person
authorized to conduct the hearing or investigation and duly proved by
affidavit or otherwise to the satisfaction of the Controller. The
Controller may charge such warrant against any proper fund of that
State agency. If a witness is subpenaed by the accused or any person
other than a State agency, his fees and mileage shall be paid by that
person and are not proper charges against any State fund.




18675.  (a) All hearings and investigations authorized by this part
shall be governed by this part and by rules of practice and procedure
adopted by the board. In the conduct of any hearing or investigation
any informality in any proceeding or in the manner of taking
testimony shall not invalidate any order, decision, or rule made,
approved, or confirmed by the board.
   (b) During the investigation or hearing of a complaint of
discrimination, harassment, or retaliation of a state employee, the
board hearing officer, the departmental hearing officer, the board
investigator, or the departmental investigator shall give due
consideration to current laws and decisions applicable to the state
civil service in arriving at a recommended decision. The recommended
decisions of the hearing officer and the board shall include
references to those laws and decisions applied.



18676.  When ordered to do so, a witness shall not be excused from
testifying or from producing any documentary evidence in that
investigation or hearing upon the ground that the testimony or
documentary evidence required of the witness may tend to incriminate
or subject the witness to penalty or forfeiture, provided the witness
is granted use and derivative use, or transactional immunity.



18677.  A person who claims and is granted immunity prior to
testimony or the production of books or papers, shall not be
prosecuted, punished, or subjected to any penalty or forfeiture for
or on account of any act, transaction, matter, or thing concerning
which he or she shall, under oath, have testified or produced
documentary evidence in any such hearing or investigation, except for
perjury committed in so testifying.



18678.  Any person served with a subpena to appear and testify or to
produce books or papers issued in the course of any such
investigation or hearing who disobeys or neglects to obey such
subpena is guilty of a misdemeanor.



18679.  The board and any person authorized by it to conduct a
hearing or investigation is the head of a department within the
meaning of Article 2, Chapter 2, Part 1, Division 3, Title 2.



18680.  The remedy provided in Sections 11186 to 11188 inclusive is
cumulative, and does not impair or interfere with either the power of
the board or its authorized representative to conduct the hearing or
investigation to enforce the attendance of witnesses and the
production of books or papers or the power of any party to seek court
enforcement of a subpoena issued by the board or its authorized
representative.



18681.  Whenever any matter is pending before the Personnel Board
involving a dispute between one or more employees and an appointing
power and the parties to such dispute agree upon a settlement or
adjustment thereof, the terms of such settlement or adjustment may be
submitted to the board, and if approved by the board, the
disposition of the matter in accordance with the terms of such
adjustment or settlement shall become final and binding upon the
parties.


18682.  Whenever any employee, department, or other person, actively
interested in a matter before the Personnel Board and in connection
with which it is holding a hearing, requests that the board make
findings, then the board shall make findings if such request is made
at any time prior to the time the board takes the matter under
submission.



18683.  (a) Whenever any employee, department, or other person
actively interested in a matter before the board and for which a
hearing will be or has been held, requests that the board prepare a
transcript, the board may establish reasonable fees for the
preparation, production, and dissemination of that transcript.
   (b) The fee established by the board pursuant to subdivision (a)
shall not exceed the prevailing rate or cost for a transcript, but
shall in no event exceed the actual cost of preparation, production,
and dissemination of a transcript.