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Ed. Code, § 45312 · Article 6. Merit System

Ed. Code, § 45312

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

(a) (1) The commission may authorize a hearing officer or other representative to conduct any hearing or investigation that the commission itself is authorized by this article to conduct. Any such authorized person conducting the hearing or investigation may administer oaths, subpoena and require the attendance of witnesses and the production of books or papers, and cause the depositions of witnesses to be taken in the manner prescribed by law for similar depositions in civil cases in the superior court of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. The commission may instruct the authorized representative to present findings or recommendations. The commission may accept, reject, or amend any of the findings or recommendations of the authorized representative. Any rejection or amendment of findings or recommendations shall be based either on a review of the transcript of the hearing or investigation or upon the results of the supplementary hearing or investigation as the commission may order.

(2) For disciplinary cases against classified employees involving allegations of egregious misconduct, as defined in Section 44932, and involving a minor, as defined in Section 44990, the commission shall hire a judge, as defined in Section 44990, to conduct any hearing or investigation that the commission itself is authorized by this article to conduct. The judge’s ruling shall be binding upon all parties.

(3) A judge authorized under this subdivision to conduct a hearing involving allegations as described in Section 44010 or 44011 of this code, or as described in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, shall conduct that hearing in accordance with Article 3.3 (commencing with Section 44990) of Chapter 4 and Section 49077 of this code.

(4) The term “representative of the respondent,” within the meaning of Article 3.3 (commencing with Section 44990) of Chapter 4, shall include, but not necessarily be limited to, an exclusive labor representative.

(b) The commission may employ hearing officers or other representatives by contract, or as professional experts or otherwise, and may adopt and amend rules and procedures as necessary to effectuate this section.

Notes and commentary — not statutory text

History

Amended by Stats. 2018, Ch. 996, Sec. 3. (AB 2234) Effective January 1, 2019.

Source of truth

Edition
As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Official file
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=45312.
Text hash
sha256 6dba8f47fa2dc97b58f1038433ff697e3aac275f4e44d2910304dca11d761ba3
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compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section

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