1. (a) The time required for employee testing is state work time.
2. (b) An employee may request a hearing with CALCTRA to contest the requirement to test, the accuracy of the test or personnel decisions based on the test. An employee may submit a written objection to CALCTRA to contest the requirement to test, the accuracy of the test, or personnel decisions based on the test. A request for hearing or written objection must be submitted to CALCTRA, Office of Legal Counsel, 560 E. Natoma St., Folsom, CA 95630; telephone: 916-358-1711; email: [email protected]; facsimile: (916) 358-2709, Attention: Office of Legal Counsel. CALCTRA will provide a response to the request for hearing or written objection or both, within twenty business days.

3. (c) An employee selected for testing may obtain deferral of testing if necessary on the grounds that the employee is:

   1. (1) In a leave status (sick, annual, administrative, FMLA, medical leave, or leave without pay).
   2. (2) In official travel status away from the test site or is about to embark on official travel scheduled before testing notification.
   3. (3) Other good cause grounds.
4. (d) An employee whose testing is deferred is subject to an unannounced test in the immediate reasonable future.

Note: Authority cited: Sections 2801 and 2809, Penal Code; and Sections 11349(e) and 19572, Government Code. Reference: Sections 2801 and 2809, Penal Code; 49 CFR Part 40 (2017); Sections 56-56.16, Civil Code; Cal. Const., Art. 1, § 1; Sections 12945.2 and 19702.3, Government Code; 29 U.S.C. § 2901, et seq.; 42 U.S.C. § 12100, et seq.; Public Law 110-325; 29 U.S.C. § 701; and Sections 12900-12996, Government Code.

History

1. New section filed 11-13-2018; operative 1-1-2019 (Register 2018, No. 46).

2. Change without regulatory effect amending subsections (a) and (b) and designating last paragraph as subsection (d) filed 1-7-2026 pursuant to section 100, title 1, California Code of Regulations (Register 2026, No. 2).