Cal. Code Regs. Tit. 2, § 243.2 - Correction of Unlawful Appointments
(a) When the Board, Executive Officer, or
Department determines that an appointment is unlawful, the Board, Executive
Officer, or Department may take corrective action up to and including voiding
the appointment under the following circumstances:
(1) The action to correct or void the
appointment is taken within one year after the appointment; and
(A) The appointing power or employee or both
the appointing power and employee did not act in good faith in accordance with
section 243; or
(B) The appointment was accepted and made in
good faith by both the appointing power and employee; and the appointment would
not have been made but for some mistake of law or fact that if known to the
parties would have rendered the appointment unlawful when
made.
(b) When
the Board or Executive Officer determines that an appointment is unlawful and
the appointment has been in effect for longer than one year, the Board or
Executive Officer may take corrective action up to and including voiding the
appointment under any or all of the following circumstances:
(1) The employee did not act in good faith in
accordance with section
243, subdivision (c).
(2) The appointing power did not act in good
faith in accordance with section
243, subdivision (b).
(3) The action(s) or omission(s) found to
render the appointment(s) unlawful resulted in a selection process not based
solely on merit or that significantly disadvantaged the other
candidates.
(c) Where
corrective action includes voiding an appointment(s), the Board, Executive
Officer, or Department, whichever has decided to take the action, may order the
appointing power to void the appointment(s) and provide the affected
employee(s) the right to respond to the appointing power, as set forth in
section 243.5.
(d) The provisions herein shall not limit or
restrict the authority to delegate powers and duties related to the correction
of unlawful appointments, as expressed in section
37.
Notes
2. Amendment of subsections (a)(1)(A) and (b)(1)-(2) filed 8-22-2022; operative 10-1-2022 (Register 2022, No. 34).
Note: Authority cited: Sections 18502, 18701 and 18660, Government Code. Reference: Cal. Const., Art. VII, §§ 1 and 3; and Sections 18502, 18654, 18710, 19050 and 19257.5, Government Code.
2. Amendment of subsections (a)(1)(A) and (b)(1)-(2) filed 8-22-2022; operative
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