Article 2 - Examinations and Appointments

California Government Code — §§ 19242-19243.4

Sections (10)

Amended (as amended by Stats. 2022, Ch. 573, Sec. 9) by Stats. 2023, Ch. 44, Sec. 9. (AB 121) Effective July 10, 2023.

(a)The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate.
(b)(1) The department or its designee shall permit a person with a developmental disability to choose to complete a written examination or readiness evaluation, or to complete an internship, as described in this paragraph, in order to qualify for service in a position under the Limited Examination and Appointment Program. The use of an internship as a competitive examination of a person with a developmental disability shall consist of both of the

following:

(A) Successful completion of an internship with a state agency of at least 512 hours in duration.

(B) Certification by the state agency that the employee has completed the internship and has demonstrated the skills, knowledge, and abilities necessary to successfully perform the requirements of the position.

(2)A person with a developmental disability who successfully completes the examination or internship required by this subdivision is deemed to meet the minimum qualifications, as determined by the board, for the position in which the internship was performed.
(c)Examination results may be ranked or unranked.

Added by Stats. 1990, Ch. 478, Sec. 12.

An appointment to a position for the purpose of completing a job performance evaluation shall be known as an examination appointment.

Amended by Stats. 2022, Ch. 892, Sec. 3. (AB 1195) Effective January 1, 2023.

The department or its designee shall create a referral list containing the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to be used by appointing powers for examination appointments. Such a referral list shall be combined with other employment lists for the same classification using the procedure described in subdivision (a) of Section 19057.1, unless the appointing power requests use of the alternative procedure set forth in subdivision (b) of that section. Notwithstanding any other law, if the eligibility list is obtained pursuant to subdivision (b) of Section 19057.1, the list of candidates provided to the hiring manager may identify those who are qualified through the Limited Examination and

Appointment Program. Notwithstanding any other law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment.

Added by Stats. 1988, Ch. 738, Sec. 2.

All examination appointments to positions under the Limited Examination and Appointment Program shall be made on a temporary and provisional basis to allow candidates to demonstrate their ability to perform the duties of the position. The term of the appointment shall be known as the job examination period and its duration shall be determined by board rule.

Added by Stats. 1988, Ch. 738, Sec. 2.

Candidates serving in positions under the Limited Examination and Appointment Program shall not acquire permanent civil service status but shall receive the same salary and benefits to which other state employees in temporary positions are entitled.

Amended by Stats. 2012, Ch. 360, Sec. 58. (SB 1309) Effective January 1, 2013.

The department or its designee shall develop evaluation standards which are appropriate tests of fitness for the job classification. During the job examination period, the appointing power shall prepare written evaluations of the candidate’s performance. The final evaluation shall contain a recommendation as to whether or not to appoint the candidate to an appropriate position where civil service status may accumulate.

Added by Stats. 1988, Ch. 738, Sec. 2.

Upon failure of the appointing power to terminate the appointment of the candidate within 30 days following the end of the job examination period, it shall be presumed that the candidate has qualified in the examination.

Amended by Stats. 2018, Ch. 53, Sec. 29. (SB 866) Effective June 27, 2018.

Upon successful completion of the job examination period, the candidate shall have qualified in the examination. The appointing power shall appoint the candidate, without further examination, to an appropriate position where permanent status may accumulate. A candidate appointed in this way is not required to serve a probationary period.

Amended by Stats. 2012, Ch. 360, Sec. 60. (SB 1309) Effective January 1, 2013.

With the approval of the department, the appointing power may shorten or extend the duration of the job examination period.

Added by Stats. 1988, Ch. 738, Sec. 2.

Upon unsuccessful completion of the job examination period, the appointing power may terminate the appointment of the candidate in accordance with board rule.