Merit System

Cal. EDC § 45312

California Statutes

(a)

(1) The commission may authorize a hearing officer or other representative to conduct any hearing or investigation that the commission itself is authorized by this

article to conduct. Any such authorized person conducting the 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 to be taken in the manner prescribed by law for similar depositions in civil cases in the superior court of this state under Title 4 (commencing with

Section 2016.010) of Part of the Code of Civil Procedure. The commission may instruct the authorized representative to present findings or recommendations. The commission may accept, reject, or amend any of the findings or recommendations of the authorized representative. Any rejection or amendment of findings or recommendations shall be based either on a review of the transcript of the hearing or investigation or upon the results of the supplementary hearing or investigation as the commission may order.

(2) For disciplinary cases against classified employees involving allegations of egregious misconduct, as defined in

Section 44932, and involving a minor, as defined in

Section 44990, the commission shall hire a judge, as defined in

Section 44990, to conduct any hearing or investigation that the commission itself is authorized by this

article to conduct. The judge’s ruling shall be binding upon all parties.

(3) A judge authorized under this subdivision to conduct a hearing involving allegations as described in

Section or of this code, or as described in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, shall conduct that hearing in accordance with

Article 3.3 (commencing with

Section 44990) of

Chapter and

Section of this code.

(4) The term “representative of the respondent,” within the meaning of

Article 3.3 (commencing with

Section 44990) of

Chapter 4, shall include, but not necessarily be limited to, an exclusive labor representative. (

b) The commission may employ hearing officers or other representatives by contract, or as professional experts or otherwise, and may adopt and amend rules and procedures as necessary to effectuate this section.

Document details

CollectionCalifornia Statutes
CitationCal. EDC § 45312
Date2019-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierEDC45312.20189963

Merit System

Cal. EDC § 45312

California Statutes

Merit System

Cal. EDC § 45312

California Statutes

(a)

(1) The commission may authorize a hearing officer or other representative to conduct any hearing or investigation that the commission itself is authorized by this

article to conduct. Any such authorized person conducting the 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 to be taken in the manner prescribed by law for similar depositions in civil cases in the superior court of this state under Title 4 (commencing with

Section 2016.010) of Part of the Code of Civil Procedure. The commission may instruct the authorized representative to present findings or recommendations. The commission may accept, reject, or amend any of the findings or recommendations of the authorized representative. Any rejection or amendment of findings or recommendations shall be based either on a review of the transcript of the hearing or investigation or upon the results of the supplementary hearing or investigation as the commission may order.

(2) For disciplinary cases against classified employees involving allegations of egregious misconduct, as defined in

Section 44932, and involving a minor, as defined in

Section 44990, the commission shall hire a judge, as defined in

Section 44990, to conduct any hearing or investigation that the commission itself is authorized by this

article to conduct. The judge’s ruling shall be binding upon all parties.

(3) A judge authorized under this subdivision to conduct a hearing involving allegations as described in

Section or of this code, or as described in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, shall conduct that hearing in accordance with

Article 3.3 (commencing with

Section 44990) of

Chapter and

Section of this code.

(4) The term “representative of the respondent,” within the meaning of

Article 3.3 (commencing with

Section 44990) of

Chapter 4, shall include, but not necessarily be limited to, an exclusive labor representative. (

b) The commission may employ hearing officers or other representatives by contract, or as professional experts or otherwise, and may adopt and amend rules and procedures as necessary to effectuate this section.

Document details

CollectionCalifornia Statutes
CitationCal. EDC § 45312
Date2019-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierEDC45312.20189963
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