Cal. Code Regs. tit. 15, § 3486.3 – Notification of Investigative Findings.

(a) If an allegation of staff misconduct is referred for investigation and the Hiring Authority makes a finding, the Hiring Authority shall notify the claimant in writing of the findings no later than thirty (30) calendar days after the findings are made, as required by subdivision (f)(1) of section 832.7 of the Penal Code.
1. (1) The notification of the findings regarding the staff misconduct claim shall be limited to whether the original claim was sustained, not sustained, exonerated, unfounded, or no finding.
2. (2) Information related to any personnel action shall not be conveyed to the reporting party in the matter.
(b) The department's information technology system shall be updated to reflect all determinations made regarding allegations of staff misconduct.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, 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; 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). A Certificate of Compliance must be transmitted to OAL by 6-10-2022 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or emergency language will be repealed by operation of law on the following day.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 amendments, transmitted to OAL 9-9-2022 and filed 10-20-2022 (Register 2022, No. 42). Effective on filing based on good cause pursuant to Government Code section 11343.4(b)(3).

4. Change without regulatory effect amending subsections (a) and (a)(2) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).

5. Amendment of section heading and subsections (a)-(a)(1) 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2025 or emergency language will be repealed by operation of law on the following day.

6. Amendment of section heading and subsections (a)-(a)(1) 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.

7. Amendment of section heading and subsections (a)-(a)(1) 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.

8. Certificate of Compliance as to 9-2-2025 order, including amendment of section, 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).