1. (a) Upon receipt and review of an investigation report, the Hiring Authority shall render a determination for each allegation for each subject. The findings and their explanations are as follows:

   1. (1) NO FINDING: The reporting party failed to disclose promised information to further the investigation; the investigation revealed that another agency was involved and the reporting party has been referred to that agency; the reporting party wishes to withdraw the complaint; the reporting party refuses to cooperate with the investigation; or the reporting party is no longer available for clarification of facts/issues.
   2. (2) NOT SUSTAINED: The investigation failed to disclose a preponderance of evidence to prove or disprove the allegation made in the complaint.
   3. (3) UNFOUNDED: The investigation conclusively proved that the act(s) alleged did not occur, or the act(s) may have, or in fact, occurred but the individual employee(s) named in the complaint(s) was not involved.
   4. (4) EXONERATED: The facts, which provided the basis for the complaint or allegation, did in fact occur; however, the investigation revealed that the actions were justified, lawful, and proper.
   5. (5) SUSTAINED: The investigation disclosed a preponderance of evidence to prove the allegation(s) made in the complaint.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 5054 and 5058.4, Penal Code, Armstrong et al. v. Newsom et al., United States District Court for the Northern District of California, Court Case number 94-cv-02307-CW, Madrid v. Woodford, Special Masters Final Report Re: Department Of Corrections Post Powers Investigations And Employee Discipline; Case No. C90-3094-T.E.H. and Madrid v. Woodford, Order; and Case No. C90-3094-T.E.H. Class Action.

History

1. Certificate of Compliance as to 6-13-2022 order, including renumbering of former section 3392.1 to section 3392.2 and new section 3392.1, transmitted to OAL 9-12-2022 and filed 9-29-2022; amendments effective 9-29-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 39).

2. Change without regulatory effect amending subsections (b) and (c) filed 3-16-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 11).

3. Change without regulatory effect amending subsection (a)(1) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).

4. Amendment of section heading and subsection (a) and repealer of subsections (b)-(c) filed 12-26-2024 as an emergency; operative 1-1-2025 (Register 2024, No. 52). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2025 or emergency language will be repealed by operation of law on the following day.

5. Amendment of section heading and subsection (a) and repealer of subsections (b)-(c) refiled 6-10-2025 as an emergency; operative 6-11-2025 (Register 2025, No. 24). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-9-2025 or emergency language will be repealed by operation of law on the following day.

6. Amendment of section heading and subsection (a) and repealer of subsections (b)-(c) refiled 9-2-2025 as an emergency; operative 9-10-2025 (Register 2025, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-9-2025 or emergency language will be repealed by operation of law on the following day.

7. Certificate of Compliance as to 9-2-2025 order, including further amendment of subsection (a), transmitted to OAL 12-8-2025 and filed 1-22-2026; amendments operative 1-22-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 4).