Legal AuthorityCalifornia Code of Regulations section, title 2, 17036
Timeline to File
MSS appeals must be filed with CalHR within thirty (30) calendar days of the date on which you received notice of the decision that you are appealing.
How to File
You may appeal any of the following if it occurred during your selection process:
- irregularity, discrimination, bias, or fraud in one or more steps of an examination
- for improper acts or circumstances that resulted in incorrect interpretation and application by the examiners, of the skills, knowledge, and abilities considered essential for satisfactory performance in the class at issue
- Complete the MSS Appeal form (CalHR-200) [Merit System Services Selection Process Appeals Form (ca.gov)] and send it to the email address located on the form, along with the additional documentation requested below.
- You must also send include a copy of the notice of the decision that you are appealing along with the completed MSS Appeal Form (CalHR-200 form).
Types of Hearing
After receiving your appeal, the Director of CalHR will appoint a Hearing Officer to hear your appeal. The Hearing Officer may collect written evidence or may choose to hold an evidentiary hearing. Either way, you will have to convince the Hearing Officer, by a preponderance of the evidence, that the selection process was conducted improperly and that, as a result, you were ineligible for consideration by the local agency. Within sixty (60) calendar days of submission of all the evidence, the Director of CalHR will render a decision.
Your appeal does not prevent the appointment of another applicant. However, the Local Agency, in its own discretion, may decide to delay the appointment. If your appeal results in the correction of ratings, that correction will not affect any appointments already made from the eligible list.
