Legal Authority

DPA's authority to hear these appeals comes from Title 2, Division 5, Part 2.6 of the Government Code (sections 19815 and following), as implemented by the California Code of Regulations, Title 2, sections 599.600 through 599.995. Where you see cites on this Web site that refer to DPA Rules, the reference is to the California Code of Regulations, Title 2, unless otherwise noted.

For rank-and-file employees, their memorandum of understanding may contain provisions that vary from these laws and rules; in such cases, the MOU language supersedes the law/rule.

DPA's general hearing procedures can be found in DPA Rules 599.893-599.910.

DPA Rule 599.906 defines non-merit statutory appeals for rank-and-file employees.

DPA Rule 599.859 defines the kind of actions excluded employees can appeal to DPA, as well as the procedures DPA follows for such appeals.

Statutes and DPA Rules pertaining to specific types of appeals are listed on the individual pages of this Web site that describe those types of appeals.

These laws and rules are supplemented by the Administrative Procedures Act (APA), Government Code sections 11370 through 11529, to the extent the APA is not in conflict with or inconsistent (Government Code sections 11415.10 and 11415.20). DPA Rule 599.898 details the APA sections that specifically pertain to DPA hearings.

To access Government Code sections, go to www.leginfo.ca.gov, click on "California Law," then check the box marked "Government Code." When the table of contents for the Government Code appears, scroll down and click on the section you'd like to read.

Updated October 31, 2007 at 12:00 PM.