print logo
Main Content Anchor

Legal Authority

Legal authority

The California Department of Human Resources' (CalHR) Statutory Appeals Unit's (SAU) authority to hear these appeals comes from Title 2, Division 5, Part 2.6 of the Government Code (sections 19815 and following), as implemented by Title 2, California Code of Regulations, sections 599.600 through 599.995.

 

For rank-and-file employees, the Memorandum of Understanding (MOU) may contain provisions that vary from these laws and regulations; in such cases, the MOU language supersedes the law or regulation.

 

Title 2, California Code of Regulations - Article 25. Hearings - CalHR's SAU's general hearing procedures are found at: Title 2, California Code of Regulations, sections 599.893 through 599.910.

 

Title 2, California Code of Regulations, section 599.906 defines non-merit statutory appeals for rank-and-file employees.

 

Title 2, California Code of Regulations, section 599.898 details the Administrative Procedure Act (APA) sections that pertain to CalHR's hearings.

 

The APA, Government Code sections 11370 through 11529, supplements the regulations on hearings except where it is in conflict or inconsistent. See Government Code sections 11415.10 and 11415.20.

 

Title 2, California Code of Regulations, section 599.859 - defines the kind of actions excluded employees can appeal to CalHR, as well as the procedures CalHR follows for such appeals.

 

What kind of non-merit statutory appeals fall under CalHR's jurisdiction? - Descriptions of specific types of appeals, including the statutes and the California Code of Regulations for each type.

 

Government Code on leg info website - Click "California Law," then check "Government Code." Scroll through the table of contents for the Government Code to find a specific section.

  Updated: 9/9/2013
One Column Page
Link Back to Top