1105 - Eligibility Withhold Process

Category

Selection

Audience List

• Human Resources Chiefs
• Personnel Officers
• Selection Analysts
• Selection Managers

Synopsis

This policy:

• Outlines the conditions under which an appointing power may withhold a candidate from an eligibility list.

• Describes the types of withholds, the process for placing and removing a withhold, and the documentation requirements for ensuring compliance with civil service laws and merit principles.

Introduction

The California State civil service system is based on merit and requires a fair and competitive selection process. Candidates who are successful in an examination/assessment process are ranked based on score and are placed on an eligibility list used for hiring.

Candidates must meet the minimum qualifications (MQs) of a classification before they can examine for or be appointed to a position. An appointing power may withhold a candidate’s eligibility if they do not meet the required MQs or are found unsuitable or ineligible for the job.

Appointing powers are responsible for confirming that a candidate:

• Met the MQs for the classification on the appropriate exam-related date (such as the final filing date, cutoff date, or self-certification date); and

• Met the MQs by the actual date of appointment.

Statement

Under Government Code section 18935, CalHR or a delegated appointing power may refuse to examine, or after examination may refuse to certify as eligible, or may withhold a candidate from an eligibility list, if any of the following apply:

• The candidate does not meet the MQs for the classification;

• The candidate was previously dismissed from any position for any cause that would be cause for dismissal from state service;

• The candidate resigned from any position not in good standing to avoid dismissal;

• The candidate misrepresented their qualifications, experience, or identity at any point in the application or examination process; or

• The candidate is found to be unsuitable or unqualified for appointment.

A withhold action does not permanently bar the candidate from future civil service employment. A candidate may retake the examination after their eligibility period expires but must meet all MQs at the time of the new examination. If the same issues remain during a future hiring process, an appointing power may initiate another withhold. If a candidate is found to be ineligible, the appointing power shall formally apply a withhold and provide the candidate with notice and appeal rights.

Types of Withholds

Withhold for Failure to Meet MQs

The appointing power shall initiate a withhold if a candidate does not meet the MQs at the correct point in the examination process. The specific date the MQs must be met depends on the type of examination:

Example: A candidate self-certifies they meet the requirements for a position and takes an online exam on April 1, 2025. The appointing power selects the candidate for appointment on December 1, 2025, but finds that the candidate did not meet the MQs until August 1, 2025. Because the candidate did not meet MQs on the self-certification date of April 1, 2025, they are not eligible for appointment and must be withheld from the list.

Withhold for Cause

If a candidate meets the MQs listed in the class specification but is found unsuitable or ineligible for appointment based on reference checks, background investigations, or other job-related inquiries, the appointing power may apply a withhold for cause.

To do this, the appointing power must clearly explain how the identified job-related concerns, such as past behavior or issues uncovered during the selection process, relate to the candidate’s overall suitability, qualifications, or ability to perform the duties of the classification. There must be specific evidence that the candidate meets one or more of the disqualifying criteria listed in Government Code section 18935. The appointing power must also be prepared to justify the withhold in the event of an appeal to the State Personnel Board (SPB).

Note: It is strongly recommended that the appointing power consult with its legal office before issuing an eligibility withhold for cause. This ensures compliance with all applicable laws, including the Fair Employment and Housing Act (FEHA), and supports fair and consistent hiring practices.

Example: A candidate applies for a peace officer position. During the Peace Officer Standards and Training mandated background investigation, it is revealed that the candidate has been terminated from two jobs for failure to show up for work. Because the candidate had been dismissed from prior positions for behaviors that could constitute grounds for dismissal in state service, the candidate must be withheld from the eligibility list.

Application

Withhold for Failure to Meet MQs

Issuing a Potential MQ Withhold Notice

Before placing a withhold for failure to meet MQs, the appointing power must send the candidate a written notice called a Potential MQ Withhold Notice. This notice must:

• Clearly identify which MQ requirements the candidate did not meet.

• Provide detailed reasons explaining why the candidate does not meet those requirements.

• Generic language such as “candidate does not meet the requirements of Pattern II” is not acceptable and may jeopardize the withhold action.

The notice must also explain that the candidate has 10 working days to respond with additional information to demonstrate that they meet the MQs. 

If the candidate does not respond within 10 working days, they will be considered to have abandoned the selection process and will be removed from the eligibility list. In this case, the appointing power must initiate a withhold and issue a permanent withhold notice.

If the candidate timely responds but does not demonstrate that they meet the MQs, the appointing power must apply a withhold and issue a permanent withhold notice.

Note: The appointing power must always give the candidate the full 10 working days to respond before finalizing the withhold.

Issuing the Permanent MQ Withhold Notice

If the candidate does not submit qualifying information within the 10-working day period, or if the information submitted does not demonstrate that the candidate meets the MQs, the appointing power must send a second written notice, called the Permanent MQ Withhold Notice.

The Permanent MQ Withhold Notice must inform the candidate that their name has been removed from the eligibility list and must include all the following information:

• The specific reason(s) why the candidate did not meet the MQ requirements of the classification.

• As with the Potential MQ Withhold Notice, the explanation must be clear and detailed, so the candidate understands the decision.
• If the candidate submitted additional information in response to the first notice, the appointing power must address that information and explain why it was not sufficient or did not meet MQ requirements.

• The candidate’s appeal rights, including that they have 30 calendar days from the date the Permanent MQ Withhold Notice is sent (by mail or email) to file an appeal with SPB.

• Contact information for the SPB Appeals Division, including both physical and electronic addresses.

• A reminder that the appeal must be submitted in writing and must include a copy of the Permanent MQ Withhold Notice.

Withhold for Cause

Issuing the Notice of Permanent Withhold for Cause

If the appointing power determines that the candidate will not be eligible to proceed with the selection process due to unsuitability or other disqualifying criteria, a Notice of Permanent Withhold for Cause must be issued. This notice must inform the candidate that their name has been removed from the applicable eligibility list and must include all the following information:

• The specific reason(s) for the candidate’s withhold, with enough detail to help the candidate understand the basis for the decision.

• The legal authority for the withhold, including the relevant subdivision(s) of Government Code section 18935.

• A statement advising the candidate of their right to appeal the action to the SPB within 30 calendar days from the date the notice is sent (by mail or email).

• The SPB Appeals Division contact information, including physical and electronic addresses.

• Instructions that any appeal must be submitted in writing and include a copy of the Notice of Permanent Withhold for Cause.

Note: A preliminary or “potential” notice is not required for Withholds for Cause. The single Notice of Permanent Withhold for Cause is sufficient to satisfy notice requirements.

Processing

All withholds must be processed through the Examination and Certification Online System (ECOS).

Furthermore, withhold actions must be documented using either the HR Form 267 – For Cause Withhold Determination Worksheet or the HR Form 272 – Minimum Qualifications Withhold Determination Worksheet.

Canceling or Reversing a Withhold Action

If an appointing power decides to cancel or reverse a withhold action, whether it was because the candidate did not meet the MQs or because of a “for cause” issue, the appointing power must clearly explain the reason(s) for the cancellation or reversal. This is required even if the appointing power has not completed the notices required by the SPB’s regulations.

The appointing power’s explanation must be based on merit-related reasons. In other words, the appointing power needs to show why the original reason(s) for the withhold no longer applies under Government Code section 18935. Appointing powers should include any documents that support their decision and do the following:

• Write a clear explanation justifying why the eligibility withhold is being canceled or reversed and how the original reason no longer meets the criteria.

• Retain this explanation and any supporting documents in the candidate’s file.

• In ECOS, go to the candidate’s eligibility record page and use the additional information link to note the reason for canceling or reversing the withhold.

• Keep a copy of this documentation for at least five years, as required by California Code of Regulations, title 2, section 26.

Note: If the candidate already filed an appeal with the SPB, the SPB has the broad discretion to continue to adjudicate the appeal even if the appointing power cancels or reverses the withhold. For questions about appeals, contact SPB’s Appeals Division.

Candidates’ Personal Eligibility Status During the Withhold Process

As soon as an appointing power issues the Potential MQ Withhold Notice, the candidate involved shall no longer be considered for appointment to the position. However, even though the candidate is not eligible for appointment at the time the Potential MQ Withhold Notice is issued, as a best practice, appointing powers should wait 10 working days before hiring another candidate. This is because the candidate has 10 working days to demonstrate that they meet the MQs. Waiting gives the candidate a fair chance to respond before the appointing authority moves forward with the selection process.

Reinstating a Candidate’s Eligibility

If a withhold is removed, either by the appointing power that originally placed it or as a result of a successful appeal to the SPB, the candidate’s list eligibility shall be restored. If the SPB grants the appeal, its decision will include instructions explaining the next steps.

Appointing powers may extend a candidate’s eligibility on a departmental list at their discretion. However, to extend eligibility on a servicewide list, the appointing power must contact their assigned CalHR ECOS Consultant. When requesting a servicewide list extension, a copy of the SPB decision that removed the withhold must be provided to the CalHR ECOS Consultant.

Documentation and Retention

HR offices are required to maintain documentation for a period of five years. Below is a list of documents that must be retained:

1. HR Form 272 – Minimum Qualifications Withhold Determination Worksheet OR HR Form 267 – For Cause Withhold Determination Worksheet

2. Job vacancy posting

3. Candidate’s application package (including the STD Form 678, and all received documents)

4. Supporting documentation for the withhold determination, including any/all information submitted by the candidate.

5. All non-system generated correspondence related to the candidate, including the Potential MQ Withhold Notice, and the Permanent MQ Withhold Notice or Notice of Permanent Withhold for Cause, if applicable, and all other communication with the candidate.

All documentation is subject to review by the SPB and CalHR.

Authorities

• California Code of Regulations, title 2, section 171.2
• California Code of Regulations, title 2, section 172
• California Code of Regulations, title 2, section 211
• California Code of Regulations, title 2, section 249.4
• California Code of Regulations, title 2, section 26
• California Code of Regulations, title 2, section 76.1
• California Code of Regulations, title 2, section 78, Selection Process
• California Code of Regulations, title 2, section 80
• Government Code section 18930
• Government Code section 18932
• Government Code section 18935
• Government Code section 19680

Resources

Forms

• CalHR Form 267: Withhold for Cause Determination Worksheet
• CalHR Form 272: Minimum Qualifications Withhold Determination Worksheet
• How to add a Withhold through a Cert: CalHR ECOS C-015 How to add a Withhold through a Cert

Authorized By

Chris Dainard
Chief, Selection Division
California Department of Human Resources

Michelle La Grandeur
Chief, Policy Division
State Personnel Board

Contact Person

Selection Division
Policy Program , Selection Division
Phone: 916-909-3757
Email: SDPolicy@calhr.ca.gov

Superseded Policies

History

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