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CalHR Rules for Excluded Employees

The following CalHR Travel rules appear in the California Code of Regulations under Title 2, Division 1, Chapter 3, Subchapter 1:

 

* This rule refers to the rates applied to non-salaried board members, who fall under the excluded rules.

§ 599.615.1. Scope - Excluded Employees.

(a) It is the purpose of this article to provide and define reimbursement for the actual and necessary out-of-pocket expenses incurred by state officers, employees, and agents because of travel on official state business. Each state agency may determine the time and method of travel, location and lodging. Each state agency shall determine the necessity for travel and that such travel represents the best interest of the state. Once the necessity and method of travel, location and lodging have been determined, reimbursement shall be governed by these regulations. The signature of the officer approving travel and payment is certification that the approving party has authorized the travel, that the expenses were incurred in order to conduct official state business and that the items claimed are appropriate and in keeping with these regulations. State agencies shall not have discretion to provide reimbursement at a lower amount unless such discretion is specifically authorized by regulation. Unless otherwise specified, receipts are required for each item of expense of $25 or more.

(b) For the purpose of regulations governing claims for reimbursement an excluded employee is: an employee as defined in California Government Code section 3527(b) (Ralph C. Dills Act); a non-elected officer or employee of the executive branch of government who is not a member of the civil service.

Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, Government Code.

HISTORY

1. New section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).

2. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.615.1, 2 CA ADC § 599.615.1

 

§ 599.616.1. Definitions - Excluded Employees.

For the purposes of this article, the following definitions will apply:

(a) Headquarters. Headquarters shall be established by the appointing power for each state officer and employee and shall be defined as the place where the officer or employee spends the largest portion of his/her regular workdays or working time, or the place to which he/she returns upon completion of special assignments, or as the Department may define in special situations.

(1) Where an office building or similar definite place constitutes the employee's headquarters, no per diem expenses shall be allowed at any location within 50 miles of said headquarters as determined by the normal commute distance.

(2) Where the major portion of an employee's working time is spent within a specifically assigned or limited geographical area, such as a patrol area or beat where the same routes are traveled frequently and routinely on one-day trips, no per-diem expenses shall be allowed at any location within 50 miles from any point in this assigned area as determined by the normal commute distance.

In order to ensure equity in special cases, agency heads may disregard this subsection and authorize individual claims based on subsection (1) of this regulation.

(3) In cases where adherence to the 50-mile limitation creates an unusual and unavoidable hardship to the officer or employee, exceptions may be granted by the appointing power.

(4) Employees on travel status for less than 24 hours may claim subsistence expenses incurred before, during, or after the regularly scheduled workday in accordance with section 599.619(a) of these regulations.

(b) Residence. A place of primary dwelling shall be designated for each state officer and employee. A primary dwelling shall be defined as the actual dwelling place of the employee that bears the most logical relationship to the employee's headquarters and shall be determined without regard to any other legal or mailing address. However, if an employee is temporarily required to dwell away from his/her primary dwelling place due to official travel away from headquarters, and said primary dwelling is either inhabited by his/her dependents or is maintained by the employee at a net monthly expense in excess of $200, such dwelling place may be continued as the employee's designated primary dwelling.

(1) No reimbursement for per diem or other subsistence expenses shall be allowed on the premises of an employee's primary dwelling.

(2) An employee shall have only one dwelling at which travel expenses are prohibited.

(3) When an employee maintains more than one dwelling, meeting the definition of residence set forth in section 599.616.1(b) of these regulations and the employee is required to officially travel to the location of the secondary dwelling, he/she may claim reimbursement for actual expenses incurred for meals and incidentals as defined in section 599.619(a) of these regulations and in accordance with the rates and timeframes stated therein for short-term travel, or as defined in section 599.619.1(b) of these regulations for meals while on a long-term assignment.

(c) Travel Expenses. Travel expenses include:

(1) Meals and Lodging incurred as a result of business travel away from headquarters in order to conduct state business.

(2) Transportation expenses incurred in order to conduct state business.

(d) Business Expenses. Business expenses consist of the charges for business phone calls and telegrams; emergency clothing, equipment or supply purchases; and all other charges necessary to the completion of official business. Any emergency purchase shall be explained, and if over $25 must be approved by the agency head, deputy, or chief administrative officer.

(e) Protective Services. A member of the California Highway Patrol assigned as provided by Government Code section 14615 may claim subsistence allowance for in-state travel as follows:

(1) If expenses actually incurred by the employee as a result of traveling with the protected individual exceed the maximum meal and lodging rates authorized in section 599.619 of these regulations for in-state travel, the employee may claim their actual expenses by providing receipts.

(2) Any expense claim submitted under subsection (1), must contain a certification by the Commissioner of the California Highway Patrol naming the individual being protected and verifying that the travel expenses were incurred while the claimant was assigned to protect said individual.

(3) Claims submitted under this section shall not be subject to the limitations of section 599.616.1(a) of these regulations.

(f) Long-Term Assignment. Any assignment of 31 days or more to a given location other than headquarters. A Long-Term Assignments is typically given for a project status job that requires the extended presence of an employee for a period in excess of 31 days but is not considered permanent due to the temporary nature of the assignment, the appointment, or scheduled completion date of the project. The employee's return home for weekends or incidental short-term travel to another location does not break the continuity of a long-term assignment.

Note: Authority cited: Sections 18502, 19815.4(d), 19820(a) and 19849.5, Government Code. Reference: Sections 11030 and 14613, Government Code.

HISTORY

1. New section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).

2. Amendment of subsections (a)(4) and (b)(3) filed 10-28-99; operative 11-2-99. Submitted to OAL for printing only (Register 99, No. 51). At the request of DPA pursuant to Government Code section 3539.5, OAL is directing the printing of this regulation in the CCR. Title 1, CCR, section 6(b)(2)(F)1 defines “print only” regulations as “regulations adopted pursuant to the requirements of the APA, but which are expressly exempted by statute from OAL review . . . .” (Emphasis added.) In complying with DPA's request, OAL makes no determination concerning whether or not DPA has met the statutory requirements for adoption of regulations set forth in Government Code sections 11346-11347.3, including but not limited to public notice and comment. See 1998 OAL Determination No. 40 (Department of Personnel Administration, 96-008, December 9, 1998), California Regulatory Notice Register 99, No. 3-Z, January 15, 1999, p. 139, at p. 145; typewritten version, p. 18.

3. Amendment of subsection (b)(3) filed 10-1-2001; operative 10-1-2001. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 2001, No. 46).

4. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.616.1, 2 CA ADC § 599.616.1

 

§ 599.619. Reimbursement for Meals and Lodging - Excluded Employees.

The employee on travel status shall be reimbursed actual expenses for receipted lodging, and for meals and incidentals as provided in this section, unless directed to travel under the provisions of section 599.624.1 of these regulations. Lodging and/or meals provided by the state or included in hotel expenses or conference fees, or in transportation costs such as airline tickets, or otherwise provided shall not be claimed for reimbursement. Snacks and continental breakfasts, such as rolls, juice and coffee, are not considered to be meals. The circumstances of travel will determine the rate allowed.

(a) Short-term Travel. Reimbursement for short-term subsistence will be authorized only when the traveler incurs expenses arising from the use of reasonable, moderately priced commercial lodging and meal establishments, such as hotels, motels, bed and breakfast inns, campgrounds, restaurants, cafes, diners, etc. that cater to the general public. Employees who stay with friends or relatives may claim meals only in accordance with the rates and time frames set forth below. Lodging receipts are required. The short-term rate is intended for trips of such duration that weekly or monthly rates are not obtainable and will be discontinued after the 30th consecutive day assigned to one location unless an extension has been previously documented and approved by the appointing power. In extending short-term travel, the appointing power shall consider the expected remaining length of the travel assignment.

(1) In computing reimbursement for continuous short-term travel of more than 24 hours and less than 31 consecutive days, the employee will be reimbursed for actual costs up to the maximum allowed for each meal, incidental, and lodging expense for each complete 24 hours of travel, beginning with the traveler's times of departure and return, as follows.

(A) On the first day of travel on a trip of 24 hours or more:

Trip begins at or before 6am: breakfast may be claimed on the first day

Trip begins at or before 11am: lunch may be claimed on the first day

Trip begins at or before 5pm: dinner may be claimed on the first day

(B) On the fractional day of travel at the end of a trip of more than 24 hours:

Trip ends at or after 8am: breakfast may be claimed

Trip ends at or after 2pm: lunch may be claimed

Trip ends at or after 7pm: dinner may be claimed

If the fractional day includes an overnight stay, receipt lodging may be claimed. No meal or lodging expense may be claimed or reimbursed more than once on any given date or during any 24-hour period.

(C) Reimbursement shall be for actual expenses only, subject to the following maximum rates:

Meals:

Breakfast    $6.00

Lunch        $10.00

Dinner       $18.00

Incidentals  $6.00

Receipts for meals must be maintained by the employee as substantiation that the amount claimed was not in excess of the amount of actual expense. The term incidentals includes but is not limited to expenses for laundry, cleaning and pressing of clothing, and fees and tips for services, such as for porters and baggage carriers. It does not include taxicab fares, lodging taxes or the costs of telegrams or telephone calls.

Lodging:

Statewide, with receipts

  Actual up to $84.00 plus tax

When employees are required to do business and obtain lodging in the Counties of Los Angeles and San Diego:

  Actual lodging up to $110.00 plus tax

When employees are required to do business and obtain lodging in the Counties of Alameda, San Francisco, San Mateo and Santa  Clara:

  Actual lodging up to $140.00 plus tax

If lodging receipts are not submitted, reimbursement will be for actual expenses for meals/incidentals only at the rates and time frames set forth in this section.

(2) In computing reimbursement for continuous travel of less than 24 hours, actual expenses, up to the maximums in subsection (C) above, will be reimbursed for breakfast and/or dinner and/or lodging in accordance with the following timeframes:

Travel begins at or before 6 a.m. and ends at or after 9 a.m.: breakfast may be claimed

Travel begins at or before 4 p.m. and ends at or after 7 p.m.: dinner may be claimed

If the trip of less than 24 hours includes an overnight stay, receipted lodging may be claimed

No lunch or incidentals may be reimbursed on travel of less than 24 hours.

(b) Long-term Travel. Reimbursement for long-term meals and receipted lodging will be authorized when the traveler incurs expenses in one location comparable to those arising from the use of commercial establishments catering to the long-term visitor. Meals and/or lodging provided by the state shall not be claimed for reimbursement. With approval of the appointing power and upon meeting the criteria in subsection (3) below, an employee on long-term field assignment who is living at the long-term location may claim either:

(1) $24 for meals and incidentals and up to $24 for receipted lodging for travel of 12 hours up to 24 hours; either $24 for meals or up to $24 for receipted lodging for travel less than 12 hours, or

(2) reimbursement for actual individual expense, substantiated by receipts, for lodging, utility gas and electricity, up to a maximum of $1,130 per calendar month while on the long-term assignment, and $10 for meals and incidentals, without receipts, for each period of 12 to 24 hours; $5 for meals and incidentals for periods of less than 12 hours at the long-term location.

(3) To claim expenses under either subsection (1) or (2) above the employee must meet the following criteria:

(A) the employee continues to maintain a permanent residence at the primary headquarters, and

(B) the permanent residence is occupied by employee's dependents, or

(C) the permanent residence is maintained at a net expense to the employee exceeding $200 per month.

(D) The employee must submit substantiating evidence of these conditions to the appointing power in accordance with its requirements.

(4) Employees who do not meet the criteria to claim expenses under subsection (1) or (2) above may claim $12 for meals and incidentals and $12 for receipted lodging for every 12 to 24 hours at the long-term location; $12 for meals or $12 receipted lodging for periods of less than 12 hours at the long-term location.

(5) With approval of the appointing power, the reimbursement of long-term lodging may continue when the employee is away from the long-term location on short-term business travel or other absences from that location as approved by the appointing authority.

(c) Out-of-State Travel. Out-of-state travel is any travel outside the State of California for the purpose of conducting business outside the State of California. For short-term out-of-state travel, employees will be reimbursed for actual lodging expenses, supported by a receipt, and will be reimbursed for meal and incidental expenses as defined in section 599.619(a) of these regulations. Failure to furnish lodging receipts will limit reimbursement to meals only at the rates specified in subsection (a). Long-term out-of-state travel will be reimbursed according to section 599.619(c) of these regulations.

(d) Out-of-Country Travel. For short-term out-of-country travel, employees will be reimbursed for actual lodging expenses, supported by a receipt, and will be reimbursed for actual meal and incidental expenses subject to maximum rates in accordance with the published government meal and incidental rates for foreign travel for the dates of travel. Failure to furnish lodging receipts will limit reimbursement to meals only in accordance with the published government meal and incidental rates for foreign travel. Long-term out-of-country travel will be reimbursed according to subsections 599.619(a), (b) and (c) of these regulations.

(e) Exceptions to reimburse in excess of the maximum lodging rate cited in subsection (a) of this regulation may be granted by the appointing power only in an emergency, or when there is no lodging available at the state maximum rate or when it is cost effective. The appointing power shall document the reasons for each exception and shall keep this documentation on file for three calendar years from the date of the exception.

Note: Authority cited: Sections 3539.5, 18502, 19815.4(d) and 19820, Government Code. Reference: Sections 3527(b) and 11030, Government Code.

HISTORY

1. New chapter 3 (sections 599.619-599.745, not consecutive) filed 10-12-82 as an emergency; effective upon filing (Register 82, No. 42). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed on 4-10-83.

2. Certificate of Compliance including amendments transmitted to OAL 3-15-83 and filed 4-19-83 (Register 83, No. 17).

3. Redesignation of sections 599.619-599.632, not consecutive, to article 2 filed 9-6-83; effective thirtieth day thereafter (Register 83, No. 37).

4. Amendment filed by the Department of Personnel Administration with the Secretary of State on 8-20-84; effective upon filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 85, No. 18).

5. Amendment filed by the Department of Personnel Administration with the Secretary of State on 5-23-86; effective upon filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 86, No. 26).

6. Amendment filed by the Department of Personnel Administration with the Secretary of State on 7-8-87; operative 7-8-87. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 87, No. 32).

7. Amendment filed by the Department of Personnel Administration with the Secretary of State on 6-27-88 pursuant to Government Code section 3539.5. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 88, No. 31).

8. Amendment of subsection (a)(4) filed by the Department of Personnel Administration with the Secretary of State on 9-1-88; operative 10-1-88. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 88, No. 41).

9. Amendment of subsections (a)(1) and (a)(5) filed by the Department of Personnel Administration with the Secretary of State on 6-30-89; operative 6-30-89. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 89, No. 33).

10. Amendment of subsections (a)(2)-(a)(4) filed by the Department of Personnel Administration with the Secretary of State on 10-20-89; operative 10-20-89. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 89, No. 49).

11. Change without regulatory effect amending section filed 9-10-91 (corrected text filed 9-11-91) pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 51).

12. Amendment filed 12-31-91 with Secretary of State by Department of Personnel Administration; operative 12-31-91. Submitted to OAL for printing only pursuant to Government Code 3539.5 (Register 92, No. 12).

13. Editorial correction of printing errors in subsections (a)(1) and (a)(2)(A) (Register 92, No. 34).

14. Amendment of section heading and section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).

15. Amendment filed 7-1-97; operative 7-1-97 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 97, No. 27).

16. Amendment of subsection (a)(1)(C) filed 10-28-99; operative 11-2-99. Submitted to OAL for printing only (Register 99, No. 51). At the request of DPA pursuant to Government Code section 3539.5, OAL is directing the printing of this regulation in the CCR. Title 1, CCR, section 6(b)(2)(F)1 defines “print only” regulations as “regulations adopted pursuant to the requirements of the APA, but which are expressly exempted by statute from OAL review . . . .” (Emphasis added.) In complying with DPA's request, OAL makes no determination concerning whether or not DPA has met the statutory requirements for adoption of regulations set forth in Government Code sections 11346-11347.3, including but not limited to public notice and comment. See 1998 OAL Determination No. 40 (Department of Personnel Administration, 96-008, December 9, 1998), California Regulatory Notice Register 99, No. 3-Z, January 15, 1999, p. 139, at p. 145; typewritten version, p. 18.

17. Amendment of subsection (a)(1)(C) filed 10-1-2001; operative 10-1-2001. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 2001, No. 46).

18. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.619, 2 CA ADC § 599.619

 

§ 599.623. Miscellaneous Meal Expenses - Excluded Employees.

(a) Overtime Meals. When an employee assigned to Work Week Group 2 is required to work overtime, he/she may receive an overtime meal reimbursement of up to $8. To be eligible, the excluded employee must be required to report to work at least two hours prior to or remain at least two hours past his/her regularly scheduled work day, or work a minimum of 10 hours on a regularly scheduled day off or holiday.

When required to work for extended periods of time, the excluded employee may be reimbursed for meal expenses prescribed herein for each additional six-hours of overtime worked. No more than three overtime meal allowances may be claimed during any 24-hour period. The meal time itself shall not be included in the computation of overtime for purposes of this section.

In lieu of overtime meal reimbursement, agencies operating food service facilities may furnish an overtime meal to an excluded employee. Agencies shall maintain a record of all meals furnished for this purpose. An excluded employee may not claim reimbursement for an overtime meal or be furnished a meal free of charge if claiming travel meals.

Meals for Extended Arduous Work. On those rare occasions when an employee who is in a work week group other than Work Week Group 2 would be required to physically or mentally work 10 hours or more (not including any breaks for meals) for an extended period of time, the employee, with approval of the appointing authority, may claim the actual cost of an arduous work meal up to $8. Such meals should only be approved when it is clear that the work schedule is consistently in excess of a normal full-time schedule. Occasional extra hours worked, consistent with the nature of an other than Work Week Group 2 work schedule, do not meet the criteria for Extended Arduous Work Meals.

(b) Business-Related Meals. This section is intended to allow an agency to reimburse employees for meal expenses in the limited number of instances where they are required to incur such expenses in connection with the conduct of official state business with a person or persons from outside state government.

When it is necessary for an excluded employee to conduct official state business during a meal, he/she may be reimbursed for actual meal expenses, supported by a receipt, up to the maximums prescribed in section 599.619(a)(1) of these regulations. Claims must include the establishment, the persons in attendance, the business conducted and the reason why the business had to be conducted during the meal period.

Business meals are not reimbursable when agencies call meetings with their own and/or other agency employees to conduct state business.

(1) To claim reimbursement for a business-related meal, the circumstances surrounding the meal must be beyond the control of the excluded employee and it must be impractical to complete the business during normal working hours, such as:

(A) to conduct state business with a person or persons from outside state service when availability of the person or persons is limited and it is imperative that business is conducted during the meal period, or

(B) to attend a board or commission meeting where attendance is mandatory and there is no adjournment during the meal period.

(2) Claims for meal expenses where business is incidental to the meal or the attendance of the excluded employee is primarily for public or community relations are specifically prohibited.

(c) Meals of Appointees. Members of non-salaried boards, commissions, and duly constituted advisory committees may be reimbursed for actual expenses up to the maximums prescribed in section 599.619(a) of these regulations when attending board, commission, and committee meetings. The restrictions of section 599.616.1 of these regulations do not apply. Appointees may not claim reimbursement for meals if they are also claiming subsistence allowance while on travel status.

While on travel status other than attending board, commission or committee meetings, appointees may be reimbursed for expenses prescribed in section 599.619 of these regulations.

(d) Excluded employees of the Department of Forestry engaged in emergency fire suppression activities may be reimbursed for actual meal expenses without regard to mileage and time-frame limitations to the extent that circumstances reasonably require such an exception. Emergency fire suppression activities are defined as actions taken under emergency conditions to extinguish uncontrolled fires, which threaten to destroy life, property, or resources.

(e) Agencies operating facilities for feeding officers, employees and official guests may furnish an official guest meal to an employee. Agencies shall maintain a record of all guest meals furnished for this purpose. An employee may not claim reimbursement for a travel or overtime meal that has been provided as a guest meal.

Note: Authority cited: Sections 3539.5, 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, Government Code.

HISTORY

1. Repealer and new section filed by Department of Personnel Administration with the Secretary of State on 9-9-85; effective upon filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 85, No. 41).

2. Correction of History 1. (Register 86, No. 28).

3. Amendment filed by Department of Personnel Administration with the Secretary of State on 6-27-88 pursuant to Government Code section 3539.5. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 88, No. 31).

4. Amendment filed 12-31-91 with Secretary of State by Department of Personnel Administration; operative 12-31-91. Submitted to OAL for printing only pursuant to Government Code 3539.5 (Register 92, No. 12).

5. Amendment of section heading and section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).

6. Amendment of subsection (c) filed 10-28-99; operative 11-2-99. Submitted to OAL for printing only (Register 99, No. 51). At the request of DPA pursuant to Government Code section 3539.5, OAL is directing the printing of this regulation in the CCR. Title 1, CCR, section 6(b)(2)(F)1 defines “print only” regulations as “regulations adopted pursuant to the requirements of the APA, but which are expressly exempted by statute from OAL review . . . .” (Emphasis added.) In complying with DPA's request, OAL makes no determination concerning whether or not DPA has met the statutory requirements for adoption of regulations set forth in Government Code sections 11346-11347.3, including but not limited to public notice and comment. See 1998 OAL Determination No. 40 (Department of Personnel Administration, 96-008, December 9, 1998), California Regulatory Notice Register 99, No. 3-Z, January 15, 1999, p. 139, at p. 145; typewritten version, p. 18.

7. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.623, 2 CA ADC § 599.623

 

§ 599.624.1. Contracting for Meals and/or Lodging Expenses - Excluded Employees.

Appointing authorities may enter into agreements with restaurants, hotels, and lodging establishments for the furnishing of subsistence to state employees at or below the rates provided in these regulations when such method of handling is advantageous to the state. When such agreements are entered into, the vendor may receive payment either from the employee, a group leader or by billing the state on a regular itemized invoice.

(a) Group leaders who pay subsistence expenses for other personnel may claim reimbursement by submitting a vendor's invoice and a list of names of the employees whose expenses were paid.

(b) Individuals who have specific meal and/or lodging expenses paid by the group leader or agency may not claim reimbursement for those meal and lodging expenses per section 599.619 of these regulations.

(c) The total payment under any such agreement shall not exceed the aggregate of the subsistence allowances otherwise claimable by the participating employees.

(d) No individual's reimbursement shall exceed the rate(s) negotiated under the provisions of this section or the maximum subsistence rates provided in these regulations, whichever is less.

Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, Government Code.

HISTORY

1. New section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).

2. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.624.1, 2 CA ADC § 599.624.1

 

§ 599.625.1. Receipts - Excluded Employees.

An excluded employee is defined in section 599.615(b) of these regulations.

(a) Receipts are required for each item of expense of $25 or more. As specified in this regulation, receipts are also required for items of expense of less than $25. Receipts shall be submitted with claims for every item of business expenses incurred while away from headquarters conducting state business except for actual expenses as follows:

(1) Railroad and bus fares of less than $25 when travel is wholly within the State of California.

(2) Street car, ferry fares, bridge and road tolls, local rapid transit system, taxi, shuttle or hotel bus fares, and parking fees of $10 or less for each continuous period of parking or each item of transportation expense noted in this item.

(3) Telephone, telegraph, fax or other business charges related to state business of $5 or less.

(b) In the absence of a receipt, reimbursement shall be limited to the non-receipted amount above.

(c) Regardless of the exceptions in subsection (a) above, the authority approving the claim and/or the appointing power may require any additional verification, or information, he/she deems necessary to determine that an expense was actually and reasonably incurred. In the absence of satisfactory explanation no reimbursement shall be allowed. If there is reason to believe that inappropriate non-receipted expenses have been claimed, receipts may be required for each item of expense listed above for future travel.

Note: Authority cited: Sections 3539.5, 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, Government Code.

HISTORY

1. New section filed by Department of Personnel Administration with the Secretary of State on 9-1-88; operative 10-1-88. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 88, No. 41).

2. Amendment filed 12-31-91 with Secretary of State by Department of Personnel Administration; operative 12-31-91. Submitted to OAL for printing only pursuant to Government Code 3539.5 (Register 92, No. 12).

3. Amendment of section heading and section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).

4. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.625.1, 2 CA ADC § 599.625.1

§ 599.626.1. Transportation Expenses - Excluded Employees.

(a) Transportation expenses consist of the charges for commercial carrier fares; private car mileage allowances; emergency repairs to state cars; overnight and day parking of state or privately-owned cars; bridge and road tolls; necessary taxi, bus, or streetcar fares; and all other charges essential to the transport from and to the official headquarters while on authorized state business.

(b) Reimbursement will be made only for the method of transportation which is in the best interest of the state, considering both direct expense as well as the officer's or employee's time. Provided the mode of transportation selected does not conflict with the needs of the agency, the officer or employee may use a more expensive form of transportation and be reimbursed at the amount required for the least expensive mode of travel that is in the best interest of the state. Both modes of transportation will be shown on the travel claim with reference to this section. A cost comparison shall be completed and attached to the claim. Cost comparisons shall include only the least costly methods of transport for those expenses actually being substituted, and shall include only the expenses of traveling from one location to another. Transportation expense at the travel work location will be reimbursed based on the actual business transportation expenses incurred while at the travel location.

(c) Expenses arising from travel between home or garage and headquarters shall not be allowed regardless of the employee's normal mode of transportation. When a trip is commenced or terminated at claimant's home, the distance traveled shall be computed from either his/her headquarters or home, whichever shall result in the lesser distance.

Exceptions to the above are:

(1) Where such expenses are incurred by call back to work necessitating more than one trip to the work location on a normal work day or by reason of any call back or pre-scheduled work on an employee's normal day off.

(2) When travel to or from a common carrier commences or terminates one hour before or one hour after the regularly scheduled work day or on a regularly scheduled day off, distance may be computed from the employee's residence in accordance with section 599.631 of these regulations.

(3) When the criteria in section 599.626(d)(2) of these regulations for remote headquarters are met. This reimbursement is allowed only with the advance written approval of the Department.

(d) When an employee's regular work assignment requires him/her to report to or rotate among two or more posts or work stations at different geographic locations and he/she is instructed to report to a designated post, the reimbursable distance from his/her home to the designated post and return shall be limited to that which exceeds the round trip distance from his/her home to his/her designated headquarters. Reimbursement shall be computed at the rate set forth under section 599.631 of these regulations.

(e) No reimbursement will be allowed for transportation expense when the employee uses a privately-owned motorcycle or motor-driven cycle in the conduct of state business.

Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, Government Code.

HISTORY

1. New section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).

2. Amendment of subsection (c)(3) and (d) filed 10-28-99; operative 11-2-99. Submitted to OAL for printing only (Register 99, No. 51). At the request of DPA pursuant to Government Code section 3539.5, OAL is directing the printing of this regulation in the CCR. Title 1, CCR, section 6(b)(2)(F)1 defines “print only” regulations as “regulations adopted pursuant to the requirements of the APA, but which are expressly exempted by statute from OAL review . . . .” (Emphasis added.) In complying with DPA's request, OAL makes no determination concerning whether or not DPA has met the statutory requirements for adoption of regulations set forth in Government Code sections 11346-11347.3, including but not limited to public notice and comment. See 1998 OAL Determination No. 40 (Department of Personnel Administration, 96-008, December 9, 1998), California Regulatory Notice Register 99, No. 3-Z, January 15, 1999, p. 139, at p. 145; typewritten version, p. 18.

3. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.626.1, 2 CA ADC § 599.626.1

 

§ 599.627.1. Special Transportation - Excluded Employees.

(a) Where it is authorized and necessary to hire special conveyances, except automobiles, a full explanation, stating the facts constituting the necessity, shall accompany the expense claim.

(b) Commercial Automobile Rental.

(1) Reimbursement will be for actual and necessary costs of such rental when substantiated by a receipt. Where it is necessary to pay extra charges or premium rental rates for a larger vehicle or one that is specially equipped, a full explanation shall accompany the expense claim. Reimbursement of the additional expenses shall be subject to approval by the appointing power.

(2) Reimbursement will not be made for a damage waiver. Reimbursement will be made to the officer or employee for any loss necessarily sustained by him/her not having purchased such waiver.

(c) Where a privately owned bicycle is used in the conduct of official state business, the employee will be allowed to claim 4 cents per mile.

Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, Government Code.

HISTORY

1. New section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).

2. Change without regulatory effect amending Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.627.1, 2 CA ADC § 599.627.1

 

§ 599.628.1. Transportation by Aircraft - Excluded Employees.

In the determination of fare or mileage reimbursement for transportation by airplane, the point of origin and return shall be an appropriate airport facility serving the area of the employee's residence or headquarters, whichever is most advantageous for the state.

(a) Scheduled Airline. Reimbursement of expenses for transportation by scheduled airline shall be at the current contract rate; except that when the employee's actual airfare is lower, the lower amount shall be reimbursed. Claims for reimbursement of higher fares or extra charges for transportation by scheduled airline may be allowed if accompanied by a full explanation stating the facts constituting the official necessity, and approved by the appointing power.

(b) Privately-Owned Aircraft. A claim of an employee for transportation by privately-owned aircraft shall be allowed where he/she has obtained prior approval of the use of this form of transportation from his/her agency. If an employee is to act as pilot, he/she must satisfy the following insurance requirements:

(1) certificate of current insurance in an amount of not less than $50,000 per person liability and

(2) certificate of current insurance in an amount of not less than $1,000,000 liability per incident.

(3) Reimbursement for the use of the employee's privately-owned aircraft shall be made at the rate of 50 cents per statute mile. Claims for reimbursement for privately-owned aircraft expenses must include the civilian airplane license number and the name of each state officer; employee; or board, commission, or authority member transported on the trip. No reimbursement of transportation expenses will be allowed any employee while a passenger in any airplane operated by another officer, employee or member.

(A) Distance shall be computed on the basis of shortest air route from origin to destination, using airways whenever possible. Distance shown on claim shall be clearly marked “Air Distance”.

(B) When the trip is limited solely to state business and the “Air Distance” cannot accurately be computed from origin to destination, the agency head may authorize reimbursement for the actual cost of renting a plane.

(4) Reimbursement for use of a rented aircraft will be for actual and necessary costs of such rental when substantiated by a receipt.

(A) Reimbursement will be authorized only for the size and type aircraft necessary to complete the assignment.

(B) When substantiated by a receipt, reimbursement will be made for actual and necessary expenses for landing and parking fees in connection with the use of the aircraft. Reimbursement will not be allowed for storage or parking fees at the location where the privately-owned aircraft is normally stored.

(6) If an employee is to act as pilot and carry passengers he/she must, in addition to Federal Aviation Administration regulations, have previously logged as a certified pilot, at least 250 hours of actual flight as pilot in command of an aircraft. In addition, the employee pilot must have logged, as a pilot in command of an aircraft, at least 40 hours of actual flight within the preceding 12 months.

Any employee pilot who has carried or intends to carry passengers may be required to present his/her log book substantiating that he/she meets the requirements. Passenger shall be defined as any person other than the pilot traveling in the aircraft. An employee pilot who carries a passenger but fails to meet the above qualifications shall not be reimbursed for transportation expense.

(c) Payment of Fare. Payment for transportation by aircraft may be made by (1) cash, (2) credit card, or (3) ticket order. When payment is made by cash, the travel expense claim must be accompanied by the traveler's flight coupon, in accordance with section 599.625(a)(1) of these regulations. If no flight coupon was issued, as may be the case with chartered or private aircraft, a formal receipt must be submitted. If payment was made by credit card or by ticket order, this should be noted on the travel expense claim.

(d) Air Travel Insurance. Any state agency may insure its officers and employees against injury or death arising from aircraft accidents incurred while flying on state business in other than regularly scheduled passenger aircraft, subject to the following conditions:

(1) Insurance shall be provided only to those employees who are directed to fly to fulfill their work requirements. Insurance coverage shall not be provided when use of a privately-owned aircraft is for point-to-point transportation and is a voluntary response from the employee, even though such use may be advantageous to the state.

(2) Application for insurance shall be submitted to, and the insurance procured by, the Department of General Services.

(3) Except as provided in subsection (4) below, the maximum limit of such insurance shall be $15,000 in the case of death or dismemberment for each officer and employee.

(4) For excluded employees, as defined in section 599.615(b) of these regulations, the maximum limit for air travel insurance shall be $50,000 in the case of death or dismemberment for each officer and employee.

Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Sections 11030 and 11030.5, Government Code.

HISTORY

1. New section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).

2. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.628.1, 2 CA ADC § 599.628.1

 

§ 599.629.1. Railroad Transportation - Excluded Employees.

(a) No more than actual fare on any transportation service, in accordance with the latest tariffs at the time the trip was made, shall be allowed. Special rates and round-trip rates shall be used whenever possible.

(b) Reimbursement for roomette or Pullman accommodations will be allowed. Where it is necessary to use Pullman accommodations more expensive than a roomette, a full explanation stating the facts constituting the official necessity shall accompany the expense account together with a receipt.

(c) Unused portions of railroad and sleeping car tickets are subject to refunds and all steps necessary to secure funds on such tickets shall be taken.

(d) Any unusual delay or a deviation from the shortest, usually travelled route shall be explained.

(e) Any expenses related to deportation will be reimbursed in accordance with Federal Immigration and Naturalization Service regulations.

(f) Meals incurred while on overnight train travel will be reimbursed in accordance with section 599.619 of these regulations.

(g) Tickets for rail transportation or Pullman accommodations may be purchased by the individual, by credit card, or ticket order. If purchased by credit card or by ticket order, this fact should be noted on the individual's expense claim.

Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, Government Code.

HISTORY

1. New section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).

2. Change without regulatory effect amending subsections (e) and (f) and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.629.1, 2 CA ADC § 599.629.1

 

§ 599.631. Transportation by Privately Owned Automobile - Excluded Employees.

(a) Where the employee is authorized to use a privately owned automobile on official state business the reimbursement rate shall be 34 cents per mile. Claims for reimbursement for private vehicle expenses must include the vehicle license number and the name of each state officer, employee or board, commission or authority member transported on the trip. No reimbursement of transportation expense shall be allowed any passenger in any vehicle operated by another state officer, employee or member.

(1) Expenses arising from travel between home and headquarters or garage shall not be allowed, except as provided in section 599.626(d)(2) or 599.626.1(c) of these regulations, regardless of the employee's normal mode of transportation.

(2) When a trip is commenced or terminated at a claimant's home on a regularly scheduled work day, the distance traveled shall be computed from either his/her residence or headquarters, whichever shall result in the lesser distance except as provided in section 599.626.1(c) of these regulations.

(3) However, if the employee commences or terminates travel on a regularly scheduled day off, mileage may be computed from his/her residence.

(b) Where the employee's use of a privately owned automobile is authorized for travel to or from a common carrier terminal, and the automobile is not parked at the terminal during the period of travel, the employee may claim double the number of miles between the terminal and the employee's headquarters or residence, whichever is less, at a rate as defined in section 599.631(a) of these regulations, while the employee occupies the automobile for the distance between the terminal and his/her residence or headquarters. If the employee commences or terminates travel one hour before or after his/her regularly scheduled work day, or on a regularly scheduled day off, mileage may be computed from his/her residence.

(c) All ferry, bridge, or toll road charges will be allowed with any required receipts.

(d) All necessary parking charges while on state business will be allowed, with any required receipts, for:

(1) Day parking on trips away from the headquarters office and excluded employee's primary residence.

(2) Overnight public parking on trips away from the headquarters and excluded employee's primary residence, except that parking shall not be claimed if expense-free overnight parking is available.

(3) Day parking adjacent to either a headquarters office, a temporary job site or training site, but only if the excluded employee had other reimbursable private or state automobile expenses for the same day. An employee may not prorate weekly or monthly parking fees.

(e) Gasoline, maintenance and automobile repair expenses will not be allowed.

(f) The mileage reimbursement rates include the cost of maintaining liability insurance at the minimum amount prescribed by a law and collision insurance sufficient to cover the reasonable value of the automobile, less a deductible. When a privately owned automobile operated by a state officer, agent or excluded employee is damaged by collision or is otherwise accidentally damaged, reimbursement for repair or the deductible to a maximum of $500 will be allowed if:

(1) the damage occurred while the automobile was used on official state business by permission or authorization of the employing agency; and

(2) the automobile was damaged through no fault of the state officer, agent or excluded employee; and

(3) the amount claimed is an actual loss to the state officer, agent or excluded employee, and is not recoverable directly from or through the insurance coverage of any party involved in the accident; and

(4) the loss claimed does not result from a decision of a state officer, agent or excluded employee not to maintain collision coverage; and

(5) the claim is processed in accordance with the procedures prescribed by the Department.

(g) Specialized Vehicles. An employee with a physical disability who must operate a motor vehicle on official state business and who can operate only specially equipped or modified vehicles may claim a rate of 34 cents per mile without certification and up to 37 cents per mile with certification. Where travel is authorized to and from a common carrier terminal, as specified in section 599.631(b) of these regulations the employee may compute the mileage as defined in section 599.631(b) of these regulations. Supervisors approving these claims must determine the employee's need for the use of such vehicles.

Note: Authority cited: Sections 3539.5, 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, Government Code.

HISTORY

1. Amendment of subsections (a)-(c) and (h) filed by the Department of Personnel Administration with the Secretary of State on 8-20-84; effective upon filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 85, No. 18).

2. Amendment filed by the Department of Personnel Administration with the Secretary of State on 7-8-87; operative 7-8-87. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 87, No. 32).

3. Amendment filed by the Department of Personnel Administration with the Secretary of State on 6-27-88 pursuant to Government Code section 3539.5. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 88, No. 31).

4. Amendment filed by the Department of Personnel Administration with the Secretary of State on 6-30-89; operative 6-30-89. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 89, No. 33).

5. Amendment filed 12-31-91 with Secretary of State by Department of Personnel Administration; operative 12-31-91. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 92, No. 12).

6. Amendment of section heading and section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).

7. Amendment of subsection (a)(1) filed 1-10-96; operative 1-10-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 96, No. 38).

8. Editorial correction of subsection (g) (Register 96, No. 38).

9. Amendment of subsection (a) filed 7-1-97; operative 7-1-97 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 97, No. 27).

10. Amendment of subsections (a), (a)(2) and (g) filed 10-28-99; operative 11-2-99. Submitted to OAL for printing only (Register 99, No. 51). At the request of DPA pursuant to Government Code section 3539.5, OAL is directing the printing of this regulation in the CCR. Title 1, CCR, section 6(b)(2)(F)1 defines “print only” regulations as “regulations adopted pursuant to the requirements of the APA, but which are expressly exempted by statute from OAL review . . . .” (Emphasis added.) In complying with DPA's request, OAL makes no determination concerning whether or not DPA has met the statutory requirements for adoption of regulations set forth in Government Code sections 11346-11347.3, including but not limited to public notice and comment. See 1998 OAL Determination No. 40 (Department of Personnel Administration, 96-008, December 9, 1998), California Regulatory Notice Register 99, No. 3-Z, January 15, 1999, p. 139, at p. 145; typewritten version, p. 18.

11. Amendment of subsections (a) and (g) filed 10-1-2001; operative 10-1-2001. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 2001, No. 46).

12. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.631, 2 CA ADC § 599.631

 

§ 599.633.1. Travel Reimbursements While on Sick Leave, Vacation, Other Paid Leave, or Compensating Time Off (CTO) - Excluded Employees.

(a) When a state officer or employee is granted sick leave while away from his/her headquarters for purposes of state business, the appointing authority may approve such officer or employee to claim reimbursement for actual travel expenses not to exceed the maximums prescribed by these regulations during such sick leave, for a period not to exceed three days. This time limitation may be exceeded in unusual cases approved by the appointing power, when either the employee is unable to travel, or when it is more economical for the state to maintain the employee on sick leave and travel status in order to complete the assignment.

(b) When a state officer or employee is authorized time off for vacation or CTO while away from his/her headquarters on state business, reimbursement for travel expenses during such vacation or CTO shall not be paid.

(c) The appointing power may make exceptions for employees on long-term assignments for long-term lodging expenses only that are incurred at the long-term location and will continue during the employee's absence.

Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, Government Code.

HISTORY

1. New section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).

2. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.633.1, 2 CA ADC § 599.633.1

 

§ 599.634. Expenses of Applicants Who Are Called for Interview.

Reimbursement may be allowed for expenses of professional and technically trained applicants for state employment who are called for employment interviews.

(a) Written approval of the Department must be obtained before the applicant is called for the interview.

(b) The applicant must have been called for the interview regarding a position in a classification for which it has been certified that such expenditure is necessary in order to recruit qualified persons needed by the state. Certification must be made by the appointing power and the Department.

(c) Reimbursement of actual transportation expenses will be allowed in an amount not to exceed ground transportation to and from the nearest airport and one round trip air coach fare, plus applicable tax, between the place from which the applicant was called and the place where the interview is held. However, if an applicant is called from outside the boundaries of the United States, reimbursement shall apply only to that portion of the fare for travel within the United States.

(d) The Department may authorize the reimbursement of all or part of lodging and meal expenses in the place where the interview is held, when the appointing power has demonstrated the following:

(1) reasonable efforts were made to coordinate applicant's transportation and interview schedule; and,

(2) available transportation options were explored with regard to timeliness and convenience; and,

(3) resulting interview and transportation arrangements reasonably required the applicant to incur the cost for which reimbursement is being claimed.

Reimbursement for these expenses shall be limited to the time period that is directly related to the candidate's scheduled interview. Reimbursement shall not be authorized for time spent at the interview location resulting from the candidate's decision to remain for personal reasons.

Meals and lodging expenses will be reimbursed at a rate not to exceed those noted in section 599.619 of these regulations.

Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Sections 11030 and 19842, Government Code.

HISTORY

1. New section filed 2-9-84 (corrected copy refiled 2-27-84); effective thirtieth day thereafter (Register 84, No. 8).

2. Editorial correction of HISTORY NOTES printed in error in Register 84, Nos. 8 and 12 (Register 84, No. 15).

3. Amendment filed 2-20-86; effective thirtieth day thereafter (Register 86, No. 8).

4. Editorial correction of paragraph following subsection (d)(3) (Register 95, No. 37).

5. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.634, 2 CA ADC § 599.634

 

§ 599.635.1. Attending Conferences, Conventions - Excluded Employees.

For the purposes of this regulation a conference or convention is a meeting, with a formal agenda, of persons to discuss or consult on specific work related subjects with the purpose of exchanging views, providing lecture or dialogue or providing or gaining skills and/or information for the good of the state.

(a) Under the direction of the appointing power, a state sponsored conference or convention is planned and arranged by one or more state agencies for the benefit of the state and/or outside parties for the purpose of conducting state business. Specifically excluded is any event, meeting or gathering initiated by an agency for dissemination of information to its own agency employees. Costs and reimbursements for state sponsored conferences are subject to the exclusions in subsection (c) below. Approval for any individual employee's attendance or participation in a state sponsored conference is at the sole discretion of the appointing authority. In planning and contracting any state sponsored conference, consideration is to be given to state-owned facilities and interagency meeting facilities, responsible scheduling, cost effective lodging and meal expenses, awareness of the public perception of state employee activities, and the overall mission of the event.

(1) Meals. Meals that are determined to be an integral part of the conference may be provided if the conference continues to be conducted while the meal is served and consumed. Conference planners may contract for the conference meals at reasonable meal rates and such costs may be included in registration fees for the event. Meals not included in registration fees or not provided as part of the conference will be reimbursable in accordance with section 599.619 of these regulations. Meals provided shall not be claimed or reimbursed.

(2) Lodging. Lodging may or may not be negotiated as a part of the conference package. When it is appropriate to contract for lodging, rates will be negotiated in the best interest of the state, at the lowest rate possible to a maximum of $110, and be based only on those individuals who would normally spend the night considering the distance and duration of their travel status as defined in section 599.619 of these regulations.

(b) Non-state sponsored conference or convention.

(1) At the discretion of the appointing power, and if not included in a registration fee or otherwise provided, and subject to the restrictions in subsection (c), employees may be reimbursed for actual meals and lodging expenses included in the conference, supported by receipts. Meals and lodging not contracted for the event shall be reimbursable at the rates set forth in section 599.619 of these regulations.

(2) At the discretion of the appointing power, but in accordance with subsection (c) below, registration fees may be reimbursed totally or in part, based on the state interest being served, the needs of the agency and the costs incurred.

(c) Specifically excluded from this regulation are:

(1) Meetings initiated by an agency for employees of that same agency.

(2) Conference meals that are secondary to the business being conducted, or that are optional, or that are organized for social purposes.

(3) Any activities or expenses related to recreation, sports, entertainment or tourism.

(4) Any expense for alcoholic beverages.

Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, Government Code.

HISTORY

1. New section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).

2. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.635.1, 2 CA ADC § 599.635.1

 

§ 599.636.1. Return of Remains of Deceased Employees - Excluded Employees.

When a state officer or employee dies while travelling on official state business, reimbursement may be claimed for actual and reasonable expenses incurred in transporting, in state, the remains to the place of burial, (up to the amount necessary to return the remains) or to the official headquarters of the deceased. Claims for the reimbursement of such expenses shall be submitted to the State Controller by the person responsible for payment of the funeral expenses. Each claim shall bear a certification by the appointing power that the employee was travelling on official state business at the time of his/her death. Actual costs of the following will be considered necessary travel expenses for which reimbursement will be made.

(a) In all cases, regardless of mode of transportation:

(1) Telephone or telegraph charges for shipment arrangements.

(2) Transportation of the remains to the funeral home and preparing the remains for shipment.

(b) When a portion of the shipment is by common carrier:

(1) Transportation by common carrier to the receiving point nearest the official headquarters or place of burial in the state where headquartered.

(2) Transportation one way from a funeral home to a shipping station and from the receiving station determined by subsection (1) above to the headquarters location or place of burial, as applicable.

(3) Outside transportation case or metal transfer case as required.

(c) When shipment is made by funeral coach alone, reasonable transportation costs for mileage one way, from the pick-up point to the city in which the official headquarters of the deceased was located, or to the place of burial in that state, whichever is designated by the surviving responsible party.

Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Sections 19849.3 and 19463, Government Code.

HISTORY

1. New section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).

2. Change without regulatory effect amending section heading, subsections (b) and (b)(2) and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.636.1, 2 CA ADC § 599.636.1

 

§ 599.637. Non-salaried Assistance: State Personnel Board.

(a) When persons provide non-salaried assistance to the State Personnel Board or to another agency delegated by the State Personnel Board, in the preparation or conduct of written or oral examinations for state civil service, he/she may be reimbursed for necessary travel expenses as prescribed by these regulations for non-salaried board and commission members.

(b) Meal expenses may be paid by State Personnel Board staff or the staff of the delegated agency. The expense account shall show the name of each person for whom payments were made.

Note: Authority cited: Sections 18502, 19815.4(d), 19820 and 19822.5, Government Code. Reference: Sections 19820 and 19822.5, Government Code.

HISTORY

1. New section filed 2-9-84 (corrected copy refiled 2-27-84); effective thirtieth day thereafter (Register 84, No. 8).

2. Editorial correction of HISTORY NOTES printed in error in Register 84, Nos. 8 and 12 (Register 84, No. 15).

3. Change without regulatory effect amending section heading, section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.637, 2 CA ADC § 599.637

 

§ 599.638.1. Expense Claim Form - Excluded Employees.

(a) No travel expense claim shall be paid unless submitted on a Travel Expense Claim, Standard Form 262 or some other form approved by the State Controller. All expense claims shall be itemized, accompanied by the necessary receipts and supporting documentation and approved by the authorized officer(s). It is the responsibility of the officer approving the claim to ascertain the necessity and reasonableness of incurring expenses for which reimbursement is claimed and that the expenses claimed are in compliance with these regulations.

(b) Expense claims shall be submitted at least once a month and not more than twice a month. If the amount claimable for any month does not exceed $10, the filing may be deferred until the total amount claimable exceeds $10 or until June 30, whichever occurs first. Travel expenses claimed for July 1 and beyond must be on a separate travel expense claim from those claimed for June 30 or earlier. Expense claims totaling less than $1 shall not be submitted or paid.

(c) Each officer and employee making a claim for travel expenses must show the inclusive dates of each trip for which allowances are claimed and the times of departure and return. Time of departure and return means the time employee starts from or returns to his/her office or, when leaving on a trip or returning from a trip without going to the office, his/her home.

(d) Each officer and employee must state the purpose of each trip for which reimbursement is claimed, and for each meal for which reimbursement is claimed under sections 599.622.1, 599.623.1 or 599.635.1 of these regulations.

(e) Each state officer and employee must show his/her headquarters address and primary dwelling address on the Travel Expense Claim. Employees claiming subsistence expenses pursuant to section 599.619(b)(1) of these regulations will show their headquarters address as the address of their primary dwelling.

(f) Each claim for the payment of travel expenses shall contain a certification as follows: I hereby certify that the above is a true statement of the travel expenses incurred by me in accordance with the Department of Human Resources' regulations in the service of the State of California, and that all items shown were for the official business of the State of California.

Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, Government Code.

HISTORY

1. New section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).

2. Editorial correction of subsection (a) (Register 96, No. 38).

3. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

This database is current through 10/24/14 Register 2014, No. 43

2 CCR § 599.638.1, 2 CA ADC § 599.638.1

 

 

  Updated: 12/29/2014
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