1. (a) Adjudication commences with receipt of the Findings by the Adjudicating Agency. The agency shall review the Findings in order to determine whether the Subject engaged in Covered Misconduct.
2. (b) If the Adjudicating Agency concludes that further investigation is necessary, the agency shall return the case to the Investigating Agency or Investigative Unit for this purpose. The original Findings and any supplemental Findings shall form the evidentiary basis of the Adjudicating Agency's determination as to whether the Subject engaged in Covered Misconduct.
3. (c) The Adjudicating Agency's determination must be in writing and concur with, or provide reasons for rejection of, the conclusions as to each element of each instance of Covered Misconduct discussed in the Findings. At or before such time that the Adjudicating Agency or Employing Agency communicates to the Subject the agency's intent to discipline the Subject, the agency shall provide the Subject with a copy of the investigative file, including any additions made at the request of the Adjudicating Agency or official.
4. (d) The Adjudicating Agency must consider all Covered Misconduct identified in the Findings, regardless of whether such misconduct was included in the Covered Complaint.
5. (e) The Adjudicating Agency's determination is subject to notice and pre-removal procedures required under state and local law, including Section 19574 of the Government Code, and administrative appeal by any party pursuant to Sections 3304 and 3304.5 of the Government Code.
6. (f) If the Adjudicating Agency determines, subject to all applicable administrative appeals, that the Subject engaged in Covered Misconduct, the Subject shall be removed from appointment as a Peace Officer.
7. (g) As provided by applicable law or policy, the Subject of a Sustained Covered Complaint may be subject to further discipline beyond removal from appointment as a Peace Officer in connection with the conduct underlying or related to the Sustained Covered Complaint.

Note: Authority cited: Section 13682, Penal Code. Reference: Section 13682, Penal Code.

History

1. New article 3 (sections 999.307-999.310) and section filed 3-3-2026; operative 7-1-2026 (Register 2026, No. 10). For prior history of article 3 and section, see Register 2022, No. 18.