3003 - Petitions to Participate in Examinations

Category

Examination and Hiring

Audience List

• Administrative Chiefs
• Examination Managers
• Human Resources Chiefs
• Personnel Officers
• Personnel Transactions Staff
• Personnel Transactions Supervisors

Synopsis

This policy provides:

• The processes for submitting a petition to the California Department of Human Resources (CalHR) or the State Personnel Board’s (SPB) Executive Officer to participate in an examination after being dismissed from state employment.
• The processes for appealing a petition decision by CalHR or the SPB’s Executive Officer.

Introduction

Individuals who were dismissed from state employment by adverse action, or as a result of disciplinary proceedings, shall not be permitted to take any state civil service examination or be certified from an eligible list to any position in state civil service without the approval of CalHR or SPB. Individuals must obtain approval to participate in any state civil service examination or be certified from an eligible list to any position in state civil service.

Statement

The circumstances of the individual’s dismissal from state employment will determine whether they will be required to file the petition to participate in an examination with the CalHR or with the SPB’s Executive Officer. Individuals must follow the process and provide the documentation that is outlined in the Application section below.

When to File a Petition with CalHR, CCR Section 211

California Code of Regulations (CCR), title 2, section 211, requires that individuals who were dismissed from state employment by adverse action, or as a result of disciplinary proceedings, and did not file an appeal to the adverse action with the SPB, shall submit a petition in writing to CalHR with a copy served to the department that initially served the adverse action. This process is known as the Petition to Participate in Examinations.

When to File a Petition with SPB’s Executive Officer, CCR Section 211.2

California Code of Regulations (CCR), title 2, section 211.2, requires individuals who have filed an appeal with the SPB to their adverse action dismissal and received a SPB decision or resolution that sustained the dismissal, shall submit a petition in writing to the SPB Executive Officer, with a copy served to CalHR and the dismissing department that initially served the adverse action. This process as known as the Petition to Participate in Examinations After a Board Decision.

Application

CalHR 211 Process: Petition to Participate in Examination Process

The individuals who wish to petition to participate in an examination shall submit a written petition, which includes the following:

1. Completed state examination application (STD. 678), indicating the classification(s) of examinations in which they wish to participate
2. Letter outlining facts of the dismissal:
   • Effective date
   • Reason(s) for the dismissal
   • Reasons why the petitioner should be granted to take requested examination(s);
3. Proof of service that a copy of the petition was submitted to the dismissing department that served the notice of adverse action (CalHR will accept a copy of the certified mail receipt or stamp/notice from department);
   • If the agency no longer exists or has undergone significant organizational changes, you may contact CalHR for the appropriate contact information.
4. Substantiation of corrected behavior such as:
   • Letters of recommendation
   • Employment evaluations
5. Other documents and/or declarations to support the petition.

Send petitions to:
California Department of Human Resources
Attn: Personnel Management Division
211 Petition to Participate in Examinations
1515 S Street, North Bldg., Suite 500
Sacramento, CA 95811

Note: Individuals will be notified via certified mail of incomplete packages. In response, individuals may submit the requested information or resubmit their petition at a later time.

CalHR 211 Review

CalHR will review the petition with the information provided on a case-by-case basis, taking into consideration the following:

• The type(s) of examination(s) and classification(s) of the examination(s) in which the individual seeks to participate;
• The circumstances/causes surrounding the dismissal and any restrictions placed on the dismissed employee as a result of the adverse action that may impact the requestor’s petition;
• Evidence of pattern of successful employment after the dismissal;
• Evidence of corrected and sustained improved behavior;
• Acceptance of responsibility for past wrongful actions;
• Demonstration of readiness to re-enter state service;
• Any written response and relevant information from the dismissing department responding to the dismissed employee's request to participate in the examination(s); and/or
• Any other factors deemed relevant to the request, including those factors set forth in Government Code section 18935.

CalHR will notify the individual of its decision to approve or deny permission to participate in the requested examination(s) in writing, no later than 30 days after receipt of the complete petition. CalHR will notify the individual of a review extension if additional time is necessary to acquire additional information from the individual or the dismissing department. CalHR strives to address and resolve every issue in a timely manner, however, complex cases may take several months.

CalHR 211 Approval

If CalHR approves the petition, the individual must attach a copy of the approval letter to the state application(s) when applying to the examination(s).  CalHR may grant the individual a blanket waiver to apply for any examination for which the individual meets the minimum qualifications.

Note: Any subsequent petitions to participate in state examinations should be submitted to CalHR.

CalHR 211 Denial and Appeal Process

If CalHR denies the petition, the individual may appeal CalHR’s decision to the Board within 30 days of receipt of the final determination letter. The individual must include a copy of CalHR’s letter and any other supporting documentation.

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’s Appeals Division at (916) 653-0799 or by email at appeals@spb.ca.gov.

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

Individuals who filed an appeal to the SPB for their adverse action dismissal and received a Board decision or resolution that sustained the dismissal, shall submit a petition in writing to the SPB’s Executive Officer, with a copy served to CalHR and the dismissing department that served the notice of adverse action. The petition shall be in writing and include the following:

1. Completed state examination application (STD. 678), indicating the classification(s) of examinations in which they wish to participate
2. Letter outlining facts of the dismissal:
   • Effective date
   • Reason(s) for the dismissal
   • SPB case number
   • Reasons why the petition should be granted to take requested examination(s);
3. Proof of service that a copy of the petition was submitted to CalHR and the dismissing department
4. Substantiation of corrected behavior such as:
   • Letters of recommendation
   • Employment evaluations
5. Other documents and/or declarations to support the petition.

Send petitions to:
State Personnel Board
Attn: Executive Officer
Petition to Participate in an Examination
801 Capitol Mall
Sacramento, CA 95814

Note: Individuals will be notified via mail of incomplete packages.

For questions regarding this process, please contact the SPB at (916) 653-1028.

SPB 211.2 Review

The SPB’s Executive Officer will review the petition with the information provided on a case-by-case basis, taking into consideration the following:

• The type(s) of examination(s) and classification(s) of the examination(s) in which the individual seeks to participate;
• The circumstances and causes surrounding the dismissal and any restrictions placed on the dismissed employee as a result of the adverse action that may impact the requestor’s petition;
• Evidence of a pattern of successful employment after the dismissal;
• Evidence of corrected and sustained improved behavior;
• Acceptance of responsibility for past wrongful actions;
• Demonstration of readiness to re-enter state service;
• Any written responses and relevant information from CalHR and the dismissing department responding to the dismissed employee's request to participate in the examination(s); and/or
• Any other factors deemed relevant to the request, including those factors set forth in Government Code section 18935.

No later than 30 days after receipt of the petition, the SPB’s Executive Officer will notify the individual in writing of its decision to grant or deny permission to participate in the requested examination(s). If the SPB’s Executive Officer determines that additional time is necessary to acquire additional information from the individual or the dismissing department, the SPB’s Executive Officer will notify the individual of the extension.

SPB 211.2 Approval

If the SPB’s Executive Officer approves the petition, the individual must attach a copy of the letter to the state application(s) when applying to the examination(s). The SPB’s Executive Officer may grant the individual a blanket waiver to apply for any examination for which the individual meets the minimum qualifications.

Note: Any subsequent petitions to participate in state examinations should be sent to the SPB’s Executive Officer.

SPB 211.2 Denial and Appeal Process

If the SPB’s Executive Officer denies the petition, the individual may appeal to the SPB’s Appeals Division within 30 days of receipt of the determination letter. The individual must include a copy of the SPB’s Executive Officer’s letter and any other supporting documentation.

Send appeals to:
State Personnel Board
Attn: Appeals Division
801 Capitol Mall
Sacramento, CA 95814

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

Authorities

• California Code of Regulations, title 2, section 172
• California Code of Regulations, title 2, section 211
• California Code of Regulations, title 2, section 211.2
• Government Code section 18935
• Government Code section 19059

Resources

FAQs

• 211 Frequently Asked Questions: 211 Frequently Asked Questions

Forms

• State Personnel Board's Appeal/Complaint Form: State Personnel Board's Appeal/Complaint Form

Web Pages

• Appeals Resource Guide: Appeals Resource Guide
• Filing an Appeal with SPB: Filing an Appeal with SPB

Authorized By

Melissa Russell
Chief, Personnel Management Division

Contact Person

Personnel Management Division Personnel Management Division
Personnel Management Consultant , Personnel Management Division
Phone: 916-909-3709
Fax: 916-327-1886
Email: pmd@calhr.ca.gov

Superseded Policies

History

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