Cal. Gov. Code § 18935
Examinations
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2013
As of January 1, 2011
The board may refuse to examine or, after examination, may refuse to declare as eligible or may withhold or withdraw from certification, prior to appointment, anyone who comes under any of the following categories:
(a) Lacks any of the requirements established by the board for the examination or position for which he or she applies.
(b) At the time of examination has permanent status in a position of equal or higher class than the examination or position for which he or she applies.
(c) Is physically or mentally so disabled as to be rendered unfit to perform the duties of the position to which he or she seeks appointment.
(d) Is addicted to the use of intoxicating beverages to excess.
(e) Is addicted to the use of controlled substances.
(f) Has been convicted of a felony, or convicted of a misdemeanor involving moral turpitude.
(g) Has been guilty of infamous or notoriously disgraceful conduct.
(h) Has been dismissed from any position for any cause which would be a cause for dismissal from the state service.
(i) Has resigned from any position not in good standing or in order to avoid dismissal.
(j) Has intentionally attempted to practice any deception or fraud in his or her application, in his or her examination, or in securing his or her eligibility.
(k) Has waived appointment three times after certification from the same employment list.
(l) Has failed to reply within a reasonable time, as specified by the board, to communications concerning his or her availability for employment.
(m) Has made himself or herself unavailable for employment by requesting that his or her name be withheld from certification.
(n) Is, in accordance with board rule, found to be unsuited or not qualified for employment.
(o) Has engaged in unlawful reprisal or retaliation in violation of Article 3 (commencing with Section 8547) of Chapter 6.5 of Division 1, as determined by the board or the court.
(a) The department or a designated appointing power may refuse to examine, or after examination may refuse to declare as eligible, or may withhold or withdraw from an eligible list, before the appointment, anyone who meets any of the following criteria:
(1) Lacks any of the requirements for the examination or position for which he or she applied.
(2) Has been dismissed from any position for any cause that would be a cause for dismissal from state service.
(3) Has resigned from any position not in good standing in order to avoid dismissal.
(4) Has misrepresented himself or herself in the application or examination process, including permitting another person to complete or attempt to complete a portion of the examination on his or her behalf.
(5) Has been found to be unsuited or not qualified for employment pursuant to rule.
(b) The remedies provided in this section are not exclusive and shall not prevent the board, department, or appointing power from taking additional actions pursuant to Chapter 10 (commencing with Section 19680).
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.