1. (a) When the Board or Executive Officer issues a decision ordering the appointing power to void an appointment, and where the Board or Executive Officer finds that the employee did not act in good faith when accepting the appointment, the employee shall, pursuant to section 243.3, subdivision (c), be required to reimburse to the appointing power all compensation earned by the employee during the period of the unlawful appointment. In the event the employee and appointing power are unable to agree on the amount of reimbursement owed by the employee, the employee and/or the appointing power may, pursuant to section 243.3, subdivision (c), file a written appeal for a reimbursement hearing with the Board. Any such appeal for a reimbursement hearing shall be filed within one year of the effective date of the voided appointment.

   1. (1) Upon the acceptance of an appeal for a reimbursement hearing, the Board shall schedule the matter for an investigatory hearing. Prior to the commencement of the investigatory hearing, the Board may direct the parties to file with the Board separate briefs setting forth the amount of reimbursement in dispute and the specific manner by which the parties arrived at their respective determinations concerning the amount of reimbursement owed by the employee.
2. (b) Any party to any decision issued by the Board or Executive Officer concerning a voided appointment shall be permitted to file a Petition for Reconsideration with the Board concerning the decision. Any such Petition for Reconsideration shall be filed with the Board within 30 days of receipt of the Board's or Executive Officer's final decision.

Note: Authority cited: Section 18701, Government Code. Reference: Sections 18670, 18654.5 and 18710, Government Code.

History

1. New section filed 4-2-2018; operative 7-1-2018. This regulatory action is exempt from the Administrative Procedure Act and OAL review pursuant to Government Code section 18211. Submitted to OAL for filing and printing only (Register 2018, No. 14).

2. Amendment filed 8-22-2022; operative 10-1-2022 (Register 2022, No. 34).

3. Amendment of section heading and repealer and new section filed 8-1-2024; operative 8-1-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).