Cal. Code Regs. Tit. 2, § 249.4 - [Operative until 7/1/2024] Verification of Minimum Qualifications Prior to Appointment

(a) Verification of minimum qualifications is not required for candidates on reemployment lists or candidates who have mandatory reinstatement rights. For all other candidates, including promotions and transfers, appointing powers shall verify that the candidate satisfies the minimum qualifications of the classification before the candidate is appointed.

(b) If a candidate is found not to satisfy the minimum qualifications, the appointing power shall provide written notice to the candidate specifying which minimum qualifications are not satisfied and the reason(s) why and provide an opportunity for the candidate to establish that he or she satisfies the minimum qualifications of the classification. The candidate shall have 10-working days to answer.

(1) Where a candidate fails to answer within the specified timeframe, the candidate may be considered to have abandoned the selection process. If such a determination is made and the candidate's eligibility was based upon list eligibility, his or her name shall be removed from the employment list. The appointing power shall promptly inform the candidate in writing that his or her name has been removed. The notification shall also inform the candidate of his or her appeal rights.

(2) If the candidate timely answers, but fails to establish that he or she satisfies the minimum qualifications, the candidate shall not be appointed to the position, and, if the candidate's eligibility was based upon list eligibility, his or her name shall be removed from the employment list. The appointing power shall promptly inform the candidate in writing of the finding and any actions taken by the appointing power related to the finding, including, for instance, removing the candidate's name from the employment list. The notification shall also inform the candidate of his or her appeal rights.

(c) For purposes of this section, a holiday as defined in Government Code sections 19853 and 19853.1 is not a working day.

Notes

Cal. Code Regs. Tit. 2, § 249.4

1. New section filed 4-27-2017; operative 7-1-2017. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2017, No. 17).

Note: Authority cited: Section 18701, Government Code. Reference: Section 19050, Government Code.

1. New section filed 4-27-2017; operative 7/1/2017. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2017, No. 17).