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§ 4908. Secondary Review of Complaint.

25 CA ADC § 4908Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 25. Housing and Community Development
Division 1. Housing and Community Development
Chapter 3.5. Mobilehome Residency Law Protection Program
25 CCR § 4908
§ 4908. Secondary Review of Complaint.
Currentness
(a) A secondary review shall be conducted of complaints that are retained pursuant to paragraph (7) of subsection (b) of Section 4906. This secondary review is to establish eligibility for further MRLPP assistance, which may include referral to a nonprofit legal services provider.
(b) If additional information is needed to complete the secondary review, the department shall send a department communication to the complainant requesting submission of additional information within fifteen (15) business days of the postmark or electronic transmission date of the department communication. If the complainant does not timely provide the requested information, the department shall close the complaint and notify the complainant of the closure with a department communication. However, the complainant may submit a new complaint about the same issue(s) at a future date if it does not exceed the time limitations in subsection (a) of Section 4906.
(c) The department shall select for further MRLPP assistance only those complaints that allege the most severe, deleterious, and materially and economically impactful violations of the Mobilehome Residency Law. The department shall make its selection after a focused and good faith evaluation of each complaint. During this evaluation, the department shall consider the facts of each complaint and weigh the probability and/or magnitude of the harm, injury, damage, or loss that is being alleged.
(d) In addition to the criteria in subsection (c), the department shall consider the following:
(1) The geographic diversity of the complaints, which the department will ensure by selecting 15 to 25 percent of the total complaints from each of five (5) geographic regions that have been drawn based on the following factors:
(A) the number of mobilehome spaces, potential complaints, or both that are estimated for each county in the region.
1. If the department determines that a geographic region is either over-represented or underrepresented in terms of number of complaints, the department shall make reasonable and appropriate modifications to the boundaries of the geographic regions in order to ensure continued feasibility of the MRLPP.
(2) The capacity of the nonprofit legal services providers to provide legal assistance within the relevant geographic regions.
(e)(1) The department shall select complaints for further MRLPP assistance pursuant to subsections (c) and (d) during the secondary review. Any complaint selected as meeting the criteria of subsections (c) and (d) shall be handled pursuant to Section 4912 or retained until it meets all the criteria of subsections (c) and (d). The department shall provide a department communication which explains the nature of and basis for its action under this paragraph.
(2) If the complaint is determined to be ineligible for further MRLPP assistance and is rejected, the department shall promptly provide a department communication to the complainant, which shall explain the reason(s) for the rejection and suggest alternate resources to assist the complainant with further pursuit of remedies for the alleged violations.

Credits

Note: Authority cited: Sections 50402 and 50406(n), Health and Safety Code. Reference: Sections 18802 and 18804, Health and Safety Code.
History
1. New section filed 6-25-2020 as an emergency; operative 6-25-2020 (Register 2020, No. 26). Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 4-23-2021 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-22-2021 as an emergency; operative 4-22-2021 (Register 2021, No. 17). Expiration date of emergency action extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 11-19-2021 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-22-2021 order, including amendment of subsection (e)(1), transmitted to OAL 3-24-2021 and filed 5-6-2021; amendments operative 5-6-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 19).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 25, § 4908, 25 CA ADC § 4908
End of Document