Today's Law As Amended

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AB-2032 Civil service: employee hearings. (2013-2014)



SECTION 1.

 Section 18671.1 of the Government Code is amended to read:

18671.1.
 (a) If a hearing or investigation is conducted by the board or its authorized representative in regard to an appeal by an employee, the hearing or investigation shall be commenced within a reasonable time after the filing of the appeal. For appeals from actions resulting in the termination of an employee, if an evidentiary hearing has not commenced within six months of the filing of the appeal, the employee may make a written request for a priority hearing by the board. Upon receipt of the written request, the board shall schedule an evidentiary hearing within 60 days of the request at a hearing location designated by the board.
(b) The board shall render its decision within a reasonable time after the conclusion of the hearing or investigation, except that the period from the filing of the appeal to the decision of the board shall not exceed six months.
(c) The provisions described in subdivision (b) relating to the six-month period for a decision may be waived by the employee but if not so waived, a failure to render a timely decision is an exhaustion of all available administrative remedies.
(d) The board may order all of, or a portion of, any hearing to be conducted using electronic media pursuant to board rules.
(e) In a proceeding for a writ of mandate brought by an employee when the board has failed to render a decision within the time limit established by this section, the appointing power has the burden of proof that the employee engaged in conduct on which the disciplinary charge is based and that the conduct constitutes a cause of discipline under Section 19572. For purposes of this subdivision, proof shall be by a preponderance of the evidence.