​Employment Eligibility After a Dismissal from State Service

Effective September 20, 2018, the State Personnel Board (SPB) approved the new California Code of Regulations (CCR), Title 2, section 211 Petitions to Participate in Examinations and California Code of Regulations (CCR), Title 2, section 211.2 Petitions to Participate in Examinations After a Board Decision.

California Code of Regulations, Title 2, section 211, requires that individuals who have been dismissed from state service obtain approval from the California Department of Human Resources (CalHR) prior to participating in state civil service examinations. These petitions must be submitted to the CalHR.

California Code of Regulations, Title 2, section 211.2, requires an individual who filed an appeal to their adverse action and received a SPB decision or resolution sustaining their dismissal, to obtain approval from the State Personnel Board's (SPB) Executive Officer prior to participating in state civil service examinations. These petitions must be submitted to the SPB.

Approval is based on the type of examination/classification for which the individual wishes to apply, the circumstances surrounding the dismissal, any pattern of successful employment after the dismissal, improved behavior, acceptance of responsibility, demonstration of readiness to resume state employment, information from the dismissing department, and any other relevant information. If an individual does not obtain approval from CalHR or SPB's Executive Officer before participating in an examination and returning to state service, that individual's new appointment may deemed as unlawful.

Required Information

CalHR 211 Process: Petition to Participate in Examinations

Individuals must submit a written request to CalHR accompanied by a completed STD. 678 Examination/Employment Application listing the examination (s) in which they wish to participate. The written request must include information clearly identifying the facts, circumstances, and reasons that support the individual's request to take the examination(s), including, but not limited to:

• Effective date of dismissal
• Explanation of the dismissal
• Reasons why the dismissed employee should be permitted to take the examination(s)
• Substantiation of corrected behavior
• Letters of recommendation
• Employment performance evaluations
• Proof of service a copy of the petition was submitted to the department that initially served the notice of adverse action (CalHR will accept a copy of the certified mail receipt or stamp/notice from department);
• Other documents and/or declarations to support the petition.

If the dismissal is currently pending an appeal with SPB, the individual should include this information with the petition. Individuals will be notified of incomplete packages and extensions, however, individuals may submit the requested information or resubmit their petition at a later time.

Send petitions to:
California Department of Human Resources
Attn: Personnel Management Division
1515 S Street, North Bldg., 5th Floor
Sacramento, CA 95811

Review 

CalHR conducts a thorough review and works in conjunction with the dismissing department. CalHR will send a letter of acknowledgement to the individual within 30 days after receipt of the 211 request. Individuals will be notified of incomplete packages and extensions, however, individuals may submit the requested information or resubmit their petition at a later time.

Determination

CalHR strives to address and resolve every issue in a timely manner however, complex cases could take several months. CalHR will make every effort to keep individuals apprised of the status of their request.

Approval or Denial

If CalHR approves the petition, an approval letter will be mailed to the individual listing the approved examination (s). It is the the individuals responsibility to  provide a copy of the approval letter along with the application when applying to the approved examination (s), as proof of examination eligibility.

If the request is denied, CalHR will  mail the individual a determination letter. The individual may appeal CalHR's decision to SPB within 30 days of receipt of the determination letter.

Send appeals to:

State Personnel Board
Attn: Appeals Division
801 Capitol Mall, #MS-22
Sacramento, CA 95814

For questions regarding the appeal process, please contact the SPB Appeals Division at (916)  635-0799 or by email at appeals@spb.ca.gov.

SPB 211.2 Process: Petition to Participate in an Examination After an SPB Decision

Individuals must submit a written request to the SPB Executive Officer accompanied by a completed STD. 678 Examination/Employment Application and list the examination (s) in which they wish to participate in. The written request must include information clearly identifying the facts, circumstances, and reasons that support the individual's request to take the examination(s), including, but not limited to:

• Date of dismissal
• Reasons for the dismissal
• Reasons why the dismissed employee should be permitted to take the examination(s)
• Substantiation of corrected behavior
• Letters of recommendation
• Employment performance evaluations
• STD. 678 Examination/Employment Application
• Proof of service that a copy of the petition was submitted to CalHR
• Proof of service that a copy of the petition submitted to the department that initially served the notice of adverse action;
• Other material and/or declarations to support the request

For questions regarding the appeal process, please contact the SPB Appeals Division at (916)  653-0799 or by email at appeals@spb.ca.gov.

Send petitions to:

State Personnel Board
Attn: Executive Officer
Petition to Participate in an Examination
801 Capitol Mall, #MS-22
Sacramento, CA 95814

Approval or Denial

The SPB Executive Officer, will notify the individual of its decision.  If the SPB Executive Officer approves the petition, an approval letter will be mailed to the individual listing the approved examination(s). It is the individuals responsibility to  provide a copy of the approval letter along with the application when applying to the approved examination(s), as proof of examination eligibility.

If the SPB Executive Officer denies the petition, the individual may appeal the SPB Executive Officer's decision to the SPB within 30 days of receipt of the determination letter.

Send a copy of the SPB Executive Officer denial letter and any other supporting documentation to:

State Personnel Board
Attn: Appeals Division
801 Capitol Mall, #MS-22
Sacramento, CA 95814

For questions regarding the appeal process, please contact the SPB Appeals Division at (916) 653-0799 or by email at appeals@spb.ca.gov.