Cal. Code Regs. tit. 15, § 3392.3 – Adverse Action.

(a) Any employee or person whose name appears on any employment list may receive adverse action based on any of the causes for discipline listed in Government Code section 19572.
(b) When taking adverse action, the penalty shall be imposed consistent with the Employee Disciplinary Matrix.
(c) A hiring authority may only take adverse action after finding that the allegation(s) of misconduct are sustained by a preponderance of evidence.
(d) Adverse action for off-duty misconduct requires a nexus between the employee's behavior and their employment.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 18524, 19571 and 19572, Government Code; Section 115, Evidence Code; and Sections 5054 and 5058.4, Penal Code; Yancey v. State Personnel Board (1985) 167 Cal.App.3d.478; 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. New section filed 12-28-2021 as an emergency; operative 1-1-2022 (Register 2021, No. 53). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-9-2022 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 6-13-2022 as an emergency; operative 6-13-2022 (Register 2022, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 6-13-2022 order, including renumbering of former section 3392.3 to section 3392.4, renumbering of former section 3392.2 to section 3392.3 and amendment of subsection (d) and Note, 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).

4. Amendment of subsection (d) 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2025 or emergency language will be repealed by operation of law on the following day.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 subsection (d) 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 subsection (d) 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 transmitted to OAL 12-8-2026 and filed 1-22-2026 (Register 2026, No. 4).