How to Appeal the Denial of the Right to Take State Service Examination

ca-state-examinations-spbIf an employee is dismissed from state employment in California by adverse action (i.e. termination for misconduct, policy violation, etc.) or as a result of disciplinary proceedings, that dismissed employee will not be permitted to take any state civil service examination or be certified from an eligible list to any position in the state service without the prior consent of the Executive Officer.

Requesting to Participate in State Civil Service Examination

Dismissed employees’ requests to participate in state civil service examinations shall be subject to the following:

(a) Requests must be filed with the Board at least five (5) working days prior to the final filing date of the examination(s) for which the dismissed employee wishes to apply.

(b) All requests shall be in writing and accompanied by a completed state examination application.

(c) Requests shall clearly identify the facts, circumstances, and reasons that support the dismissed employee’s request to take the examination(s). The request, at a minimum, shall include the date of the dismissal, the reasons for the dismissal, and the reasons why the dismissed employee believes that he or she should be permitted to take the examination(s). The dismissed employee may also submit substantiation of corrected behavior, letters of recommendation, employment evaluations, and other materials and/or declarations to support the request.

Factors Considered in Granting or Denying the Request

(d) Requests will be reviewed on a case-by-case basis, taking into consideration the following factors:

1. The type of examination/classification for which the dismissed employee wishes to apply.

2. The circumstances/causes surrounding the dismissal and any restrictions that impact the request.

3. Any pattern of successful employment after the dismissal. Showing history of consistent employment, good performance reviews, recommendation letters and absence of any significant discipline.

4. Confirmation/assurance of corrected and/or sustained improved behavior. This means showing that an employee did not commit any similar violations to the ones for which he was dismissed from the state or any violations at all since the dismissal.

5. Acceptance of responsibility for past wrongful actions. This means demonstrating understanding the gravity and showing remorse for the actions that lead to dismissal from State service.

6. Demonstration of readiness to re-enter state service. Showing any necessary skills, experience and personal qualities that make an employee fit for the work, for which passing the State examination is required.

7. Information, in writing, from the dismissing department responding to the dismissed employee’s request to participate in the examination(s).

8. Any other factor deemed relevant to the request, including those factors set forth in Government Code Section 18935.

Issuance of a Decision

No later than 30 days after receipt of the request, the Executive Officer shall determine whether to grant the dismissed employee permission to participate in the examination(s). If the Executive Officer determines that additional time is necessary in order to obtain relevant information he or she may extend the time for determination and notify the dismissed employee of the extension and the reasons therefor.

If the Executive Officer determines that the information submitted by the dismissed employee so warrants, the Executive Officer may grant the dismissed employee a blanket waiver to apply for any examination for which the dismissed employee meets the minimum qualifications. The Executive Officer shall set forth his or her decision in writing.

Appealing the Denial of the Right to Take State Civil Service Examination

A dismissed employee may appeal to the Board from the Executive Officer’s decision within 30 days after receipt of that decision. All appeals are reviewed and analyzed very carefully, taking into account all information and evidence presented by all parties, with every precaution taken to ensure that each case receives a fair, impartial or expeditious decision.

The appeals of denial of Rule 211 petition to take the State examination are initially processed in accordance with California Code of Regulations, title 2, section 55.1. The “Investigative Review” consists of a paper review of each appeal for violation of state laws. No hearings are conducted within this process. Upon completion of the Investigative Review, the Staff Hearing Officer will determine if the matter should proceed to an Informal hearing. If the matter is deemed appropriate for a hearing, it will be set for a hearing before the Staff Hearing Officer. (Cal. Code Regs., tit. 2, sections 53.1 & 54.1.) In Sacramento, these merit appeals are heard at the SPB office on 801 Capitol Street in front of the local Staff Hearing Officer.

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