California Government Code

§ 19582

GOV § 19582 Effective Jan 1, 2014Div. 5 · Title 2 · Part 2 · Ch. 7 · Art. 1

Statute text

(a)Hearings may be held by the board, or by any authorized representative, but the board shall render the decision that in its judgment is just and proper. During a hearing, after the appointing authority has completed the opening statement or the presentation of evidence, the employee, without waiving his or her right to offer evidence in the event the motion is not granted, may move for a dismissal of the charges. If it appears that the evidence presented supports the granting of the motion as to some but not all of the issues involved in the action, the board or the authorized representative shall grant the motion as to those issues and the action shall proceed as to the issues remaining. Despite the granting of the motion, no judgment shall be entered prior to a final determination of the action on the remaining issues, and shall be subject to final review and approval by the board.

(b)If a contested case is heard by an authorized representative, he or she shall prepare a proposed decision in a form that may be adopted as the decision in the case. A copy of the proposed decision shall be furnished by the board to each party within 10 days after the board has adopted, modified, rejected, or remanded the proposed decision. The board itself may adopt the proposed decision in its entirety, may remand the proposed decision, or may reduce the adverse action set forth therein and adopt the balance of the proposed decision.

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Legislative history

Amended by Stats. 2013, Ch. 427, Sec. 74. (AB 1062) Effective January 1, 2014.