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CalHR Case Number 14-B-0132: Request for Reinstatement After Automatic (AWOL) Resignation
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SCENARIO 2 - NOT REACHABLE ON CERTIFICATION LIST - Initial Notification
SCENARIO 2 - NOT REACHABLE ON CERTIFICATION LIST - Preliminary Determination
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SCENARIO 3 - INELIGIBLE TRANSFER - Initial Notice
SCENARIO 3 – INELIGIBLE TRANSFER - Preliminary Determination
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SCENARIO 4 – WRONG APPROPRIATE LIST - Preliminary Determination
Template - Final Determination of Unlawful Appointment (Bad Transfer)
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Template - Preliminary Determination of Potential Unlawful Appointment (Minimium Qualifications Not Met)
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Layoff Manual
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Rules and Regulations
Code Section 18502
Government Code Section 19815.4(d)
Government Code Section 19816
Government Code Section 19823
Title 2, California Code of Regulations, section 599.859
Title 2, California Code of Regulations, sections 599.893 through 599.910
Strike Policy
Telework Policy
Reimbursement - Travel, Relocation, and FlexElect
Dependent Care Reimbursement Accounts
FlexElect Reimbursement Account
Medical Reimbursement Accounts
Relocation Reimbursements
Travel Reimbursements
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Pay Scales
Personal Services Contracts
Salary Surveys
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Leadership Competency Model
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Free CalHR Lunchtime Seminars
Recruiters' Round Table
Statewide Workforce Planning
State of California Workforce Planning Model
Phase 1 - Set The Strategic Direction for the Workforce Plan
Phase 2 - Gather and Analyze Departmental Data for the Workforce Plan
Phase 3 - Develop the Workforce Strategies and Plan
Phase 4 - Implement Strategies
Phase 5 - Evaluate the Workforce Plan
State of California Succession Planning Model
Part 1 - Identify and Prioritize Leadership Positions
Part 2 - Identify Talent Pool and Gaps
Part 3 - Develop Succession Planning Strategies
Quarterly Workforce Planning Forum
Workforce Planning Toolkit
Workforce Planning Trainings
Workforce Planning Statistics
Annual Workforce and Succession Planning Survey Results
Training
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What it takes to be a Successful Analyst
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Staff Services Analyst
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Frequently Asked Questions
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Lean Training
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Training Course Catalog
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Workers' Compensation and Reasonable Accommodation for HR Professionals
Workplace Conflict and Mediation
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Preparing for Retirement
Retiree and Annuitant Dental Benefits
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Retiree Dental Overview
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Retiree Group Legal Services Insurance Plan
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CalHR Rules for Represented Employees
Page Content Main
CalHR Travel Rules for Represented Employees
The following CalHR Travel rules appear in the
California Code of Regulations
under Title 2, Division 1, Chapter 3, Subchapter 1:
599.615 - Scope
599.616 - Definitions
599.621 - Subsistence Allowance - Represented Employees
599.622 - Meal Expenses - Represented Employees
599.624 - Contracting for Subsistence Expenses
599.625 - Receipts or Vouchers
599.626 - Transportation Expenses
599.627 - Special Transportation
599.628 - Transportation by Aircraft
599.629 - Railroad Transportation
599.630 - Transportation by Automobile - Represented Employees
599.633 - Travel Allowances While on Sick Leave, Vacation or Compensating Time Off (CTO)
599.634 - Expenses of Applicants Who Are Called For Interview
599.635 - Attending Conventions, Conferences or Business Meetings
599.636 - Return of Deceased Employee
599.637 - NON-SALARIED ASSITANCE: STATE PERSONNEL BOARD
599.638 - Expense Account Form
Note: Language found in the CalHR Travel Rules may have been superseded by collective bargaining. Always refer to the applicable MOU first.
§ 599.615. SCOPE.
(a) It is the purpose of this article to provide reimbursement for the necessary out-of-pocket expenses incurred by state officers and employees because of travel on official state business. Each state agency is charged with the responsibility of determining the necessity for, and the method of travel, provided, however, that once such necessity has been determined, reimbursement shall be governed by these regulations. It is the intent of the Department that state agencies shall not have discretion to provide reimbursement at a lower amount than contained in Department regulations unless such discretion is specifically mentioned. Language of this article providing a specific time, distance, or amount shall be rigidly interpreted. Language such as “not more than” or “up to” a specified amount shall be interpreted as a rigid ceiling with agency discretion below such ceiling.
(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 nonelected officer or employee of the executive branch of government who is not a member of the civil service.
(c) For the purpose of regulations governing claims for reimbursement, a represented employee is defined in California Government Code section 3513(c) (Ralph C. Dills Act).
Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, 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 filed 9-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 51).
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 § 599.615, 2 CA ADC § 599.615
§ 599.616. DEFINITIONS.
For the purposes of this article, the following definitions will apply:
(a) Headquarters. Headquarters shall be established 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 on 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 25 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 25 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 25-mile limitation creates an unusual and unavoidable hardship to the officer or employee, exceptions may be granted by the Department.
(4) Employees on travel status for less than 24 hours may claim subsistence expenses incurred before or after the regularly scheduled work day in accordance with section 599.619(a) of these regulations or the applicable provisions of a Memorandum of Understanding, as appropriate, provided the departure time or return time exceeds the regularly scheduled work day by one hour.
(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(b) of these regulations and the employee is required to officially travel to the location of the secondary dwelling, he/she may claim the non-commercial subsistence allowance rates defined in section 599.619(c) or 599.621(c)(1) of these regulations as appropriate.
(c) Travel Expenses. Travel expenses include:
(1) Per Diem Expenses. Per diem expenses consist of the charges and attendant expenses for meals and lodging and all charges for personal expenses incurred while on travel status.
(2) 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.
(d) Protective Services. A member of the California State Police assigned as provided by Government Code section 14613, or a member of the California Highway Patrol assigned to supplement state police capabilities under Government Code section 14613, may claim subsistence allowance for in-state travel as follows:
(1) If expenses actually incurred by the employee while traveling with the protected individual exceed the per diem allowance authorized for in-state travel, the employee may elect to claim the subsistence allowance authorized by section 599.619(d) or 599.621(d) of these regulations as appropriate.
(2) Any expense claim submitted under subsection (1), must contain a certification by the Chief of the California State Police 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(a) of these regulations.
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 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 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
§ 599.621. SUBSISTENCE ALLOWANCE - REPRESENTED EMPLOYEES.
A represented employee is defined in section 599.615(c) of these regulations.
The represented employee on travel status shall be reimbursed for lodging, meals and incidental expenses. The circumstances of travel will determine the rate allowed.
(a) Short-term subsistence allowance will be authorized in accordance with the applicable provisions of a Memorandum of Understanding when the traveler incurs expenses comparable to those arising from the use of good, moderately priced establishments, catering to the general public. The short-term allowance is intended for trips of such duration that weekly or monthly rates are not obtainable and will be discontinued after the 30th consecutive day in one location unless a continuation has been previously approved by the appointing power. After 30 consecutive days in one location, represented employees may claim the long-term allowance.
(1) Incidental allowance as defined in the applicable provisions of a Memorandum of Understanding may be claimed for each 24-hour period.
(b) Long-term subsistence allowance will be authorized when the traveler incurs expenses in one location comparable to those arising from the use of establishments catering to the long-term visitor.
(1) A represented employee on long-term field assignment who maintains a permanent residence elsewhere while living at the job location may claim the full long-term allowance if one of the following exists:
(A) permanent residence is occupied by the represented employee's dependents, or
(B) permanent residence is maintained at a net expense to the represented employee exceeding $200 per month.
To qualify for this allowance, a represented employee must submit substantiating evidence of either condition to the appointing power in accordance with its requirements.
(2) A represented employee on long-term field assignment who does not maintain a permanent residence away from the job site will be authorized a long-term subsistence allowance of one-half the long-term allowance per day rounded to the nearest dollar.
(3) Represented employees may claim the appropriate long-term subsistence allowance (60 percent of the appropriate short-term allowance plus the incidental allowance) for every 24-hour period on travel status. Allowances for partial day travel status will be as follows:
(A) less than 12 hours, one-half the appropriate allowance rounded to the nearest dollar
(B) 12 to 24 hours, the full allowance
(c) A non-commercial subsistence allowance will be authorized when the traveler incurs expenses comparable to those arising from the use of non-commercial subsistence facilities such as, but not limited to, house trailers or camping equipment.
(1) Represented employees may claim the non-commercial subsistence allowance 60 percent of the appropriate short-term allowance plus the incidental allowance) for every 24-hour period on travel status. Allowance for partial day travel status will be as follows:
(A) If less than 12 hours, one-half the appropriate allowance rounded to the nearest dollar
(B) If 12 to 24 hours, the full allowance
(d) Out-of-State Subsistence Allowance. For out-of-state travel, represented employees will be reimbursed actual lodging expenses, supported by a voucher, and will be reimbursed for meal and incidental expenses in accordance with the applicable provisions of a Memorandum of Understanding.
(e) Out-of-Country Subsistence Allowance. When represented employees are authorized to travel outside the United States, and maintain a permanent U.S. residence occupied by the represented employee's dependents or maintained at a net monthly expense exceeding $200, reimbursement of subsistence expenses may exceed established rates only upon prior approval of the specific rates by the Department.
Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Sections 3513(c), 11030 and 11032, 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 of subsection (b) filed 7-7-86; effective thirtieth day thereafter (Register 86, No. 28).
4. Change without regulatory effect amending section filed 9-11-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 52).
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 § 599.621, 2 CA ADC § 599.621
§ 599.622. MEAL EXPENSES - REPRESENTED EMPLOYEES.
A represented employee is defined in section 599.621 of these regulations.
(a) Overtime Meals. When a represented employee is required to work overtime, he/she may receive an overtime meal allowance for actual expenses, supported by a voucher, (unless superseded by a Memorandum of Understanding), not to exceed the maximums prescribed in the applicable provisions of a Memorandum of Understanding for lunches. To be eligible, the represented employee must be required to report to work at least two hours prior to or be required to remain at least two hours past his/her regularly scheduled work day.
When required to work for extended periods of time, the represented employee may be reimbursed for actual meal expenses not to exceed the maximums prescribed for lunches in the applicable provisions of a Memorandum of Understanding for each additional six-hour period. 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 allowance.
Agencies operating facilities for feeding officers, employees, and official guests may instead furnish an official guest meal to a represented employee. Agencies shall maintain a record of all guest meals furnished for this purpose. A represented employee may not claim reimbursement for an overtime meal or be furnished a meal free of charge if claiming per diem.
(b) Business-Related Meals. When it is necessary for represented employees to conduct official state business during a meal, they may be reimbursed for actual meal expenses substantiated by a voucher up to the maximums prescribed in the applicable provisions of a Memorandum of Understanding.
To claim reimbursement for a business-related meal, the circumstances surrounding the meal must be beyond the control of the represented employee and it must be impractical to complete the business during normal working hours. Represented employees may not claim reimbursement for a business-related meal if they are also claiming per diem.
Claims for meal expenses where business is incidental to the meal or the attendance of the represented employee is primarily for public or community relations are specifically prohibited.
This section is intended to allow an agency to reimburse represented employees for meal expenses in the limited number of instances when they are required to incur such expenses in connection with the conduct of official state business.
(c) Represented employees of the Department of Forestry engaged in emergency fire suppression activities may be reimbursed for meal expenses without regard to any limitations. Emergency fire suppression activities are defined as actions taken under emergency conditions to extinguish uncontrolled fires, which threaten to destroy life, property, or resources.
Note: Authority cited: Sections 18502, 19815.4(d), 19820 and 19822, Government Code. Reference: Sections 11030 and 19849.4, 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 first paragraph, subsection (c) 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 § 599.622, 2 CA ADC § 599.622
§ 599.624. CONTRACTING FOR SUBSISTENCE EXPENSES.
Agreements may be entered into with restaurants, hotels, and lodging houses for the furnishing of subsistence to groups of state employees when such method of handling is advantageous to the state. When such agreements are entered into, the vendor may receive payment either from the 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) Members of a group who have some portion of their subsistence expenses paid by the group leader may claim reimbursement for the remainder of their actual and necessary subsistence expenses in accordance with section 599.619(a) of these regulations or the applicable provisions of a Memorandum of Understanding as appropriate for any subsistence not provided.
(c) The total payment under any such agreement shall not exceed the aggregate of the subsistence allowances otherwise claimable by the participating employees.
Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, 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. Editorial correction of first sentence (Register 95, No. 37).
4. Change without regulatory effect amending first paragraph, subsection (b) 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, 2 CA ADC § 599.624
§ 599.625. RECEIPTS OR VOUCHERS.
(a) Receipts or vouchers shall be submitted for every item of expense except as follows:
(1) Railroad and bus fares, where the fares are available in published tariffs, and travel is wholly within the State of California. However, vouchers must be submitted in the case of cash purchases of airplane travel, Pullman accommodations, extra-fare train, or travel by any common carrier outside of the state except taxi or hotel bus fares.
(2) Subsistence allowances, except when specified.
(3) Street car, ferry fares, bridge and road tolls.
(4) Long distance telephone or telegraph charges, if date, place and party called are shown, unless the telephone call is in excess of $2.50 in which case vouchers or other supporting evidence shall be provided.
(5) Taxi or hotel bus fares, when necessary upon official business.
(6) All legal expenditures of $1 or less.
(7) Parking fees of $3.50 or less for any one continuous period of parking.
(b) In cases where receipts cannot be obtained or have been lost, a statement to that effect shall be made in the expense account and the reason given. In the absence of satisfactory explanation the amount involved shall not be allowed.
Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, 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 subsection (a)(1) 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, 2 CA ADC § 599.625
§ 599.626. TRANSPORTATION EXPENSES.
(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.
(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 a less expensive mode of travel. Both modes of transportation will be shown on the travel claim with reference to this section.
(c) In any case in which reimbursement for expenses of transportation by private automobile or privately-owned airplane is claimed, the license number of the automobile or the civilian airplane license number as well as the name of each state officer, employee, or board, commission, or authority member transported on the trip shall be stated. As such reimbursement is for the expense of use of the automobile or airplane regardless of the number of persons transported, no reimbursement for such transportation shall be allowed any passenger in any automobile or airplane operated by another such officer, employee or member.
In the determination of fares or mileage paid for transportation by airplane, the point of origin or return shall be an appropriate airport facility serving the area of the employee's headquarters or residence, whichever results in the lesser distance or amount.
(d) Expenses arising from travel between home or garage and headquarters shall not be allowed. 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 for overtime work necessitating more than one trip to the work location on a normal work day or by reason of any call back on an employee's normal day off.
(2) When the headquarters of a permanent, full-time employee is located 24 or more kilometers (15 or more road miles) one way from the nearest residential area with available housing, the appointing power may authorize payment of expenses incurred by an employee in the use of a privately owned vehicle.
(A) The authorizing agency must obtain prior approval from the Department with regard to the location of the nearest residential area with available housing and amount of mileage to be paid.
(B) Reimbursement will be at the rate provided in section 599.631(b) of these regulations or the applicable provisions of a Memorandum of Understanding, as appropriate, for distance driven and authorized in accordance with this regulation and being in excess of 48 kilometers (30 miles) round trip.
(C) The term “available housing” as used in this subsection is intended to relate primarily to the quantity of housing available and not to its quality or cost.
(D) Distance will be computed from a location within the selected nearest residential area to the employee's work headquarters by the most direct road route and not the actual miles driven.
(E) If an employee's residence is not located in the designated residential area, but is more than 48 kilometers (30 miles) round trip from his/her remote location headquarters, he/she may be reimbursed for travel from his/her residence or from the selected location within the designated residential area, whichever is less.
(F) Payments will be authorized only if the appointing power has determined that the employee cannot participate in an agency sponsored car or van pool.
(G) An employee whose headquarters is designated as remote and who lives in the designated residential area who is required to report to a work site other than headquarters for a particular day, and who is required to use his/her own vehicle shall receive payment for the round trip from the designated residential area to the work site.
(H) An employee whose headquarters is designated as remote and who lives less than 24 kilometers (15 miles) from headquarters, who is required to report to a work site other than headquarters for a particular day, and who is required to use his/her own vehicle shall receive payment for the round trip from his/her own residence to the work site or his/her headquarters to the work site, whichever is less.
(I) An employee whose headquarters is designated as remote, who does not live in the designated area but lives more than 24 kilometers (15 miles) from his/her headquarters, who is required to report to a work site other than headquarters for a particular day and who is required to use his/her own vehicle shall receive payment for the actual round-trip distance by the most direct route, not to exceed:
1. the distance from the designated residential area to the work site, or
2. the distance from the employee's headquarters to the work site, whichever is greater.
(3) 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(c) of these regulations or the applicable provisions of a Memorandum of Understanding as appropriate.
(e) When an employee's regular work assignment requires him/her to rotate among two or more posts or work stations at different geographic locations within a metropolitan area either to protect state property or state personnel and he/she is instructed to report directly to the designated post for a full shift, 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, and shall be computed at the rate set forth under section 599.631(b) of these regulations or in the applicable provisions of a Memorandum of Understanding as appropriate. For the purpose of determining the correct distance to be allowed in these situations, headquarters shall be a designated single geographic location or address regardless of whether the employee spends a major or significant portion of his/her working time there.
(f) No reimbursement will be allowed for transportation expense when the employee uses a privately-owned motorcycle or motor-driven cycle in the conduct of official state business.
Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, 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 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, 2 CA ADC § 599.626
§ 599.627. SPECIAL TRANSPORTATION.
(a) Where it is 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 voucher. Where it is necessary to pay extra charges or premium rental rates for air conditioning, convertible body style, expensive, or other luxury items, a full explanation shall accompany the expense claim.
(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 by reason of his/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 1.6 kilometers (mile).
Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code, Reference: Section 11030, 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 subsection (b)(1) 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 § 599.627, 2 CA ADC § 599.627
§ 599.628. TRANSPORTATION BY AIRCRAFT.
(a) Scheduled Airline. Claims for transportation by scheduled airline shall be allowed at the lowest fare available in conformity with the regular published tariffs for scheduled airlines in effect on the date the flight originated. 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.
(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 requirements of the Insurance Officer, Department of General Services, as to liability insurance coverage. The Insurance Officer shall file approved authorizations for such allowance with the State Controller.
(1) Except as provided in subsection (e), reimbursement for use of the employee's privately-owned aircraft shall be made at the rate of 28 cents per statute mile, or in accordance with the applicable provisions of a Memorandum of Understanding.
(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.
(2) Reimbursement for use of a rented aircraft will be for actual and necessary costs of such rental when substantiated by voucher.
(A) Reimbursement will be authorized only for the size and type aircraft necessary to complete the assignment.
(3) When substantiated by a voucher, 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.
(4) 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 licensed private pilot in command of an aircraft at least 250 hours of actual flight. 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 the 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 non-represented employees, as defined in section 599.619 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.
(e) For non-represented employees reimbursement for use of the employee's privately-owned aircraft shall be made at the rate of 50 cents per statute mile.
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 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 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).
4. Amendment of subsection (e) filed by the Department of Personnel Administration with the Secretary of State on 7-8-87; operative on 7-8-87. Submitted to OAL for printing only pursuant to Government Code Section 11343.8 (Register 87, No. 32).
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 § 599.628, 2 CA ADC § 599.628
§ 599.629. RAILROAD TRANSPORTATION.
(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 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 receipted voucher.
(c) Unused portions of railroad and sleeping car tickets are subject to refunds and all steps necessary to secure refunds on such tickets shall be taken.
(d) Any unusual delay or a deviation from the shortest, usually travelled route shall be explained unless connected with return trip out-of-state deportation travel authorized by the Department of State Hospitals or the Department of the Youth Authority.
(e) In connection with return trip out-of-state deportation travel authorized by the Department of State Hospitals or the Department of the Youth Authority, reimbursement for subsistence and transportation expenses shall be made on the basis of shortest usually travelled routes, conventional train time, first class fare, and lower standard Pullman rates as certified to by a railroad passenger agent.
(f) Meals incurred while on overnight train travel will be reimbursed in accordance with section 599.619(a) of these regulations or the applicable provisions of a Memorandum of Understanding as appropriate.
(g) Tickets for rail transportation or Pullman accommodations may be purchased (1) by the individual, (2) by credit card, or (3) 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 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 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, 2 CA ADC § 599.629
§ 599.630. TRANSPORTATION BY AUTOMOBILE - REPRESENTED EMPLOYEES.
A represented employee is defined in section 599.615(c) of these regulations.
(a) When a represented employee is authorized to use a privately owned automobile even though a state automobile is available, the rate as defined in the applicable provisions of a Memorandum of Understanding will be allowed.
(b) When a represented employee uses a privately owned automobile because the agency has determined that: (1) a state automobile is not available; or (2) it is more advantageous economically to the state for the employee to use his/her own automobile, even though a state automobile is available, the represented employees may claim up to 20.5 cents per 1.6 kilometers (mile) without certification and up to 25 cents per 1.6 kilometers (mile) with certification as defined in the applicable provisions of a Memorandum of Understanding. Even though a state automobile may in fact be on hand, it may not be available to the represented employee because it is reserved for other purposes or because it is more advantageous economically to the state for the represented employee to use his/her own automobile, or because use of a state automobile is unreasonable considering all circumstances in a particular situation. In determining economic advantage of state versus private automobile, a supervisor will include the following in his/her consideration.
(1) Distance to be traveled and duration of trip, as these affect direct costs.
(2) Location of the represented employee's residence, regular workplace, destination, and location of available state automobiles; as these factors affect employee time and distance traveled.
The Department may establish appropriate controls over payment of this allowance by a state agency when the Department reasonably believes that proper control has not been exercised by the agency.
(c) When the represented 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 absence, a rate of 37 cents up to 50 cents per 1.6 kilometers (mile) as defined in the applicable provisions of a Memorandum of Understanding may be claimed while the employee occupies the vehicle for the distance between the terminal and his/her residence or headquarters, whichever is less, except if the employee commences or terminates travel one hour before or one hour after his/her regularly scheduled work day, or on a regularly scheduled day off, mileage may be computed from his/her residence.
Claims exceeding 41 cents per 1.6 kilometers (mile) must be certified in accordance with section 599.630(b) of these regulations.
(d) All ferry, bridge, or toll road charges will be allowed.
(e) All necessary parking charges while on state business will be allowed for:
(1) Day parking on trips away from the headquarters office and employee residence.
(2) Overnight public parking on trips away from the headquarters and employee residence cities, except that parking should not be claimed if expense-free overnight parking is available.
(3) Day parking adjacent to headquarters office, but only if the employee had other reimbursable private car expenses for the same day. Represented employees may not prorate weekly or monthly parking fees.
(f) Gasoline and routine car repair expenses will not be allowed.
(g) The mileage reimbursement rates include the cost of maintaining liability insurance at the minimum amount prescribed by law and collision insurance sufficient to cover the reasonable value of the vehicle, less a standard deductible. When a privately owned vehicle operated by a represented employee is damaged by collision or is otherwise accidentally damaged, reasonable reimbursement for repair will be allowed if:
(1) the damage occurred while the vehicle was used on official state business by permission or authorization of the employing agency; and
(2) the vehicle was damaged through no fault of the represented employee; and
(3) the amount claimed is an actual loss to the represented 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 represented employee not to maintain collision coverage; and
(5) the claim is processed in accordance with the procedures prescribed by the Department of General Services.
(h) Specialized Vehicles. Represented employees with a physical disability who must operate a motor vehicle on official state business and who operate only specially equipped or modified vehicles may claim up to 31 cents per 1.6 kilometers (mile) with certification in accordance with section 599.630(b) of these regulations. Supervisors approving these claims must determine the employee's need for the use of such vehicles.
Note: Authority cited: Sections 18502, 19815.4(d) and19820, Government Code. Reference: Section 11030, 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 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 § 599.630, 2 CA ADC § 599.630
§ 599.633. TRAVEL ALLOWANCE WHILE ON SICK LEAVE, VACATION OR COMPENSATING TIME OFF (CTO).
(a) When a state officer or employee is granted sick leave while away from his/her headquarters for purposes of state business, such officer or employee may claim reimbursement for travel expenses in accordance with the allowances prescribed by these regulations during such sick leave, provided the allowances for travel expenses shall not be authorized for a period exceeding three days. The time limitation prescribed by this section may be exceeded in unusual cases approved by the Department.
(b) When a state officer or employee is authorized time off on vacation or CTO while away from his/her headquarters on state business, reimbursement for subsistence allowance during such vacation or CTO may not be claimed. The provisions of this section may be waived by an agency for employees claiming other than short-term allowances who are (1) authorized time off on CTO, or (2) employees in seasonal agricultural work authorized time off on vacation.
Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, 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 subsection (a) 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, 2 CA ADC § 599.633
§ 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. ATTENDING CONVENTIONS, CONFERENCES, OR BUSINESS MEETINGS.
(a) All regulations governing short-term travel and subsistence allowances will apply except employees may be reimbursed for actual subsistence expenses, supported by voucher, when the convention or conference is planned and arranged by a non-state agency if such expenses are beyond the control of the employees.
(b) Registration fees will be allowed except for conventions or conferences called by a state agency for the dissemination of information to its own employees. Reimbursement for registration fees exceeding $50 must be approved by the agency head or delegated representative.
(c) Where more than two individuals (officers or employees) from the same agency are attending the same convention or conference, each claim must be approved by the agency head or delegated representative. This requirement does not apply to a convention or conference called by an agency for purposes of instruction or dissemination of information to its own officers or employees.
(d) Exceptions to these regulations may be approved in advance by the Department.
Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, 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. Editorial correction of History 1 (Register 95, No. 37).
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 § 599.635, 2 CA ADC § 599.635
§ 599.636. RETURN OF DECEASED 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 returning the remains to the place of burial, up to the amount necessary to return the remains 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, preparing the remains for shipment, not in excess of $1 per 1.6 kilometers (mile) one way.
(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, whichever is less.
(2) Transportation not in excess of 50 cents per 1.6 kilometers (mile) 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 and casket or rental metal transfer case, not to exceed $100 plus taxes.
(c) When shipment is made by funeral coach alone, transportation costs not to exceed 50 cents per 1.6 kilometers (mile) 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, whichever is the shorter distance.
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 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, subsection (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, 2 CA ADC § 599.636
§ 599.637. NON-SALARIED ASSITANCE: 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. EXPENSE ACCOUNT FORM.
(a) No travel expense account shall be paid unless submitted on a Travel Expense Claim, Standard Form 262 or some other form approved by the State Controller. All expense accounts shall be itemized, accompanied by the necessary vouchers and approved by the authorized officer. It is the responsibility of the officer approving the claim to ascertain the necessity and reasonableness of incurring expenses for which reimbursement is claimed.
(b) Expense accounts 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 accounts 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 or 599.623 or 599.635 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) or 599.621(b)(1) of these regulations, as appropriate, 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 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 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, 2 CA ADC § 599.638
Updated: 11/10/2014
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