SECTIONS 18570-18577 - California Statutes

GOVERNMENT CODE

SECTION 18570-18577

18570. This part shall be known as the State Civil Service Act.

18571. Unless the context otherwise requires, the general
provisions hereinafter set forth govern the construction of this
part.

18572. Whenever a power is granted or a duty imposed upon an
appointing power, the power may be exercised or the duty performed by
a deputy of the appointing power or by a person authorized pursuant
to law by him, unless it is expressly otherwise provided.

18573. Each appointing power shall report promptly to the board
such information as the board may require in connection with each
appointment, separation from service, or other change in position or
salary, or other matter affecting the status of positions or the
performance of duties of employees in the state civil service, and
all these reports shall be prepared in the manner and form prescribed
by the board.
Information given to the board by any person shall not be open to
public inspection except under conditions prescribed by board rule,
except that a person may inspect any record relating to his or her
own services.

18574. All officers and employees of the State and any county,
city, district, or other subdivision of the State recognized by law
shall aid in all proper ways in carrying this part and the board
rules into effect, and allow the reasonable use of public buildings
and heat and light them for the purpose of making examinations of
applicants and holding hearings and investigations under this part.
Such persons shall afford to the board or its authorized
representatives all reasonable facilities and permit inspection of
all books and papers applying or in any way appertaining to all
offices subject to the authority of the State, and produce such books
or papers and attend and testify when required so to do.

18575. (a) Except as otherwise provided in subdivisions (b) and
(c), service by mail of any notice, paper, or document to be served
upon a person or appointing power shall be made in the manner
provided by Sections 1012 and 1013 of the Code of Civil Procedure.
(b) (1) The appointing power shall provide service of the
following actions by personal service or by mail or express service
carrier as provided in this subdivision:
(A) Notice of disciplinary action.
(B) Notice of rejection during probationary period.
(C) Notice of medical action.
(D) Notice of nonpunitive action.
(E) Notice of career executive assignment termination.
(F) Notice of termination with fault of a limited term, seasonal,
or temporary authorization appointment.
(G) Notice of termination of an appointment under the Limited
Examination and Appointment Program.
(H) Notice of termination or automatic resignation of a permanent
intermittent employee.
(I) Notice of absence without leave resignation or separation
pursuant to Section 89541 of the Education Code.
(2) Service by mail of the notices listed in paragraph (1) shall
be made by enclosing the notice in a sealed envelope, addressed to
the last known residence address of the employee, and doing any of
the following:
(A) Deposit in the United States mail with postage fully prepaid,
certified with return receipt requested. Service is complete at the
time of deposit, but any period of notice or any right or duty to do
any act or make any response within any period or on a date certain
after the service of the document served by United States mail shall
be extended in accordance with subdivision (a) of Section 1013 of the
Code of Civil Procedure.
(B) Deposit in the United States mail with Express Mail postage
fully prepaid. Service is complete at the time of deposit, but any
period of notice or any right or duty to do any act or make any
response within any period or on a date certain after the service of
the document served by Express Mail shall be extended by two business
days.
(C) Providing for overnight delivery, by deposit of the notice in
a box or other facility regularly maintained by an express service
carrier, or delivery to a courier or driver authorized by an express
service carrier to receive documents, in an envelope or package
designated by the express service carrier with delivery fees paid or
provided for, and with the employee or his or her designated
representative required to acknowledge receipt of the notice at the
time of delivery. Service is complete at the time of the deposit, but
any period of notice or any right or duty to do any act or make any
response within any period or on a date certain after the service of
the document served by overnight delivery shall be extended by two
business days.
(c) (1) Service of an appeal or complaint filed with the board
shall be made by personal service or by mail or express service
carrier as provided in this subdivision.
(2) Service by mail of an appeal or complaint filed with the board
shall be made by enclosing the notice in a sealed envelope,
addressed to the Appeals Division of the State Personnel Board, and
doing any of the following:
(A) Deposit in the United States mail with first-class postage
fully prepaid. Service is complete at the time of deposit, but any
period of notice or any right or duty to do any act or make any
response within any period or on a date certain after the service of
the document served by United States mail shall be extended in
accordance with subdivision (a) of Section 1013 of the Code of Civil
Procedure.
(B) Deposit in the United States mail with Express Mail postage
fully prepaid. Service is complete at the time of deposit, but any
period of notice or any right or duty to do any act or make any
response within any period or on a date certain after the service of
the document served by Express Mail shall be extended by two business
days.
(C) Providing for overnight delivery, by deposit of the appeal or
complaint in a box or other facility regularly maintained by an
express service carrier, or delivery to a courier or driver
authorized by an express service carrier to receive documents, in an
envelope or package designated by the express service carrier with
delivery fees paid or provided for, and with the authorized
representative of the State Personnel Board required to acknowledge
receipt of the appeal or complaint at the time of delivery. Service
is complete at the time of the deposit, but any period of notice or
any right or duty to do any act or make any response within any
period or on a date certain after the service of the document served
by overnight delivery shall be extended by two business days.
(d) (1) Proof of service of all papers, excluding appeals and
complaints, shall be an affidavit stating the title of the papers
served or filed, the name and address of the person making the
service, and that he or she is over 18 years of age and not a party
to the action. The proof of service shall be signed by the person
making it and contain the following statement above the signature,
below which the declarant's name shall be typed and signed:
"I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct, and this
declaration was executed at (city, state) on (date)."
(2) (A) If service is made by mail or express service carrier, in
addition to the information provided in paragraph (1), the proof of
service shall show the date and place of deposit, the name and
address of the person served as shown on the mailing envelope, and
that the envelope was sealed and deposited in the mail or provided
for overnight delivery, as appropriate.
(B) A proof of service made in accordance with Section 1013a of
the Code of Civil Procedure complies with this paragraph.

18576. Judicial notice shall be taken of board rules and
amendments.

18577. Whenever this part refers to "board rule," "rules of the
board," or makes similar reference, such reference authorizes the
board to make rules concerning the subject matter concerning which
such reference is made.