12439.5.
(a) (1) Any position on a board, that was abolished pursuant to Section 4.10 of the Budget Act of 2003 or pursuant to Section 12439 prior to January 1, 2004, shall be reestablished to the extent that non-General Fund moneys are available for that purpose.(2) The Director of Finance may not refuse to reestablish a position abolished as described in paragraph (1) or pursuant to his or her own action, or to authorize the filling of a vacancy in any staff position on a board unless the director has made a finding based upon substantial evidence that there are insufficient non-General Fund resources to fill the position.
(b) The Director of Consumer Affairs shall provide to the Legislature information on all staff and appointment vacancies for boards within 30 days of receiving the Legislature’s request for that information.
(c) The provisions of Executive Order D-70-03, Executive Order D-71-03, and Executive Order S-3-03 shall not apply to any board under the jurisdiction of the Department of Consumer Affairs, nor to the Division of Investigation within the department.