Section 3254.5 Of Chapter 9.6. Firefighters From California Government Code >> Division 4. >> Title 1. >> Chapter 9.6.
3254.5
. (a) An administrative appeal instituted by a firefighter
under this chapter shall be conducted in conformance with rules and
procedures adopted by the employing department or licensing or
certifying agency that are in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2.
(b) Notwithstanding subdivision (a), if the employing department
is subject to a memorandum of understanding that provides for binding
arbitration of administrative appeals, the arbitrator or arbitration
panel shall serve as the hearing officer in accordance with Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2
and, notwithstanding any other provision, that hearing officer's
decision shall be binding. However, a memorandum of understanding
negotiated with an employing agency shall not control the process for
administrative appeals instituted with licensing or certifying
agencies. Any administrative appeal instituted with licensing or
certifying agencies shall adhere to the requirements prescribed in
subdivision (a).