What Happens if the Executive Officer Concludes that Sufficient Evidence Exists to Support a Finding of Retaliation?
In those instances where the Executive Officer concludes in the Notice of Findings that sufficient evidence has been presented to establish that the complaining party has been retaliated against for having engaged in protected activity under the WPA, the named respondents will be notified of their right to request an evidentiary hearing before an ALJ. If the SPB receives a timely request from one or more of the named respondents, an evidentiary hearing will be scheduled, usually within 60 days of the receipt of the hearing request. All parties to the complaint will thereafter be afforded an opportunity to conduct discovery pursuant to the provisions of Title 2, California Code of Regulations, section 57 et seq. If a timely request for an evidentiary hearing is not received by the SPB, the Notice of Findings becomes the five-member Board?s (Board) final decision regarding the complaint.
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