Denial of Out-of-Class Claim

Legal Authority

Government Code sections 19815.4 (e) and 19818.16 and Rule 599.810.

DPA Rule

An employee may file a claim with DPA for additional reimbursement for duties performed that are outside the scope of his/her present classification; DPA has authority to authorize additional reimbursement for those duties. The award (reimbursement) shall be no greater than the service performed for one year preceding the filing of the claim.

The original claim will be reviewed internally by the Classification and Compensation Division and an analysis will be prepared. The analysis will be forwarded to the Labor Relations Division for review by a Labor Relations Officer (LRO). The LRO will issue a preliminary determination.

An excluded employee may formally appeal the LRO's preliminary determination to DPA's Statutory Appeals Unit.

Notice Required

The preliminary determination will include the following notice:

"If you disagree with this preliminary determination, you have the right to file an appeal with the Department of Personnel Administration, Statutory Appeals Unit, 1515 S Street, North Bldg., Suite 400, Sacramento, CA 95811, within 30 calendar days of service of this determination. You have five additional days if the notice was sent by mail within California..."

Time Limits

The excluded employee has 30 calendar days from service of the preliminary determination. He/she will have five additional days based on the mailing. If the employee does not appeal within that timeframe, the preliminary determination will become final.

Type of Hearing

The ALJ will not hold a full evidentiary hearing. The ALJ will review and enter the preliminary determination and supporting documents into the record and allow the parties the opportunity to supplement the record, subject to rebuttal. The ALJ will issue a proposed decision for review by the Director or his designee. The final decision will issue from the Director or his designee.

Issues

Whether the evidence supports the preliminary determination on the issues framed by the original analysis.

Contract Variations

All of the existing contracts provide for the employee to submit an Out-of-Class Claim to grievance and arbitration.

Updated October 31, 2007 at 11:44 AM.