Section 18575.

(a) Except as otherwise provided in subdivisions (b) and (c), service by mail of any notice, paper, or document to be served upon a person or appointing power shall be made in the manner provided by Sections 1012 and 1013 of the Code of Civil Procedure.

(b) (1) The appointing power shall provide service of the following actions by personal service or by mail or express service carrier as provided in this subdivision:

(A) Notice of disciplinary action.

(B) Notice of rejection during probationary period.

(C) Notice of medical action.

(D) Notice of nonpunitive action.

(E) Notice of career executive assignment termination.

(F) Notice of termination with fault of a limited term, seasonal, or temporary authorization appointment.

(G) Notice of termination of an appointment under the Limited Examination and Appointment Program.

(H) Notice of termination or automatic resignation of a permanent intermittent employee.

(I) Notice of absence without leave resignation or separation pursuant to Section 89541 of the Education Code.

(2) Service by mail of the notices listed in paragraph (1) shall be made by enclosing the notice in a sealed envelope, addressed to the last known residence address of the employee, and doing any of the following:

(A) Deposit in the United States mail with postage fully prepaid, certified with return receipt requested. Service is complete at the time of deposit, but any period of notice or any right or duty to do any act or make any response within any period or on a date certain after the service of the document served by United States mail shall be extended in accordance with subdivision (a) of Section 1013 of the Code of Civil Procedure.

(B) Deposit in the United States mail with Express Mail postage fully prepaid. Service is complete at the time of deposit, but any period of notice or any right or duty to do any act or make any response within any period or on a date certain after the service of the document served by Express Mail shall be extended by two business days.

(C) Providing for overnight delivery, by deposit of the notice in a box or other facility regularly maintained by an express service carrier, or delivery to a courier or driver authorized by an express service carrier to receive documents, in an envelope or package designated by the express service carrier with delivery fees paid or provided for, and with the employee or his or her designated representative required to acknowledge receipt of the notice at the time of delivery. Service is complete at the time of the deposit, but any period of notice or any right or duty to do any act or make any response within any period or on a date certain after the service of the document served by overnight delivery shall be extended by two business days.

(c) (1) Service of an appeal or complaint filed with the board shall be made by personal service or by mail or express service carrier as provided in this subdivision.

(2) Service by mail of an appeal or complaint filed with the board shall be made by enclosing the notice in a sealed envelope, addressed to the Appeals Division of the State Personnel Board, and doing any of the following:

(A) Deposit in the United States mail with first-class postage fully prepaid. Service is complete at the time of deposit, but any period of notice or any right or duty to do any act or make any response within any period or on a date certain after the service of the document served by United States mail shall be extended in accordance with subdivision (a) of Section 1013 of the Code of Civil Procedure.

(B) Deposit in the United States mail with Express Mail postage fully prepaid. Service is complete at the time of deposit, but any period of notice or any right or duty to do any act or make any response within any period or on a date certain after the service of the document served by Express Mail shall be extended by two business days.

(C) Providing for overnight delivery, by deposit of the appeal or complaint in a box or other facility regularly maintained by an express service carrier, or delivery to a courier or driver authorized by an express service carrier to receive documents, in an envelope or package designated by the express service carrier with delivery fees paid or provided for, and with the authorized representative of the State Personnel Board required to acknowledge receipt of the appeal or complaint at the time of delivery. Service is complete at the time of the deposit, but any period of notice or any right or duty to do any act or make any response within any period or on a date certain after the service of the document served by overnight delivery shall be extended by two business days.

(d) (1) Proof of service of all papers, excluding appeals and complaints, shall be an affidavit stating the title of the papers served or filed, the name and address of the person making the service, and that he or she is over 18 years of age and not a party to the action. The proof of service shall be signed by the person making it and contain the following statement above the signature, below which the declarant's name shall be typed and signed:

"I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and this declaration was executed at (city, state) on (date)."

(2) (A) If service is made by mail or express service carrier, in addition to the information provided in paragraph (1), the proof of service shall show the date and place of deposit, the name and address of the person served as shown on the mailing envelope, and that the envelope was sealed and deposited in the mail or provided for overnight delivery, as appropriate.

(B) A proof of service made in accordance with Section 1013a of the Code of Civil Procedure complies with this paragraph.

(Repealed and added by Stats. 2008, Ch. 150, Sec. 3. Effective January 1, 2009.)