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§ 1702. Reasonable Grounds for Investigation.

3 CA ADC § 1702Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 3. Food and Agriculture
Division 3. Economics (Refs & Annos)
Chapter 2.2. Market Enforcement
Subchapter 1. Licensing
Article 3. Investigations
3 CCR § 1702
§ 1702. Reasonable Grounds for Investigation.
Currentness
(a) The Act authorizes the Department to investigate a Verified Complaint submitted (including but not limited to complaints submitted to initiate Alternate Dispute Resolution (ADR) as described in Section 1703 of these regulations) and requires that the Department investigate if, “in the opinion of the Department,” there appears to be “reasonable grounds” to investigate.
(1) “In the opinion of the Department” means the Department has some discretion. This discretion is limited by case law, practice, The Act, and these regulations.
(2) “Reasonable grounds” means the Department has information which a reasonable and trained investigator would recognize as supporting, although not necessarily proving, the essential elements of a flagrant or repeated violation of a licensing requirement. Gossip, innuendo, or unverified and anonymous tips are insufficient to constitute reasonable grounds.
(3) The Department may investigate the financial stability of an agent or individual with a significant financial interest during the course of an investigation. A signed release authorizing the Department to obtain financial information concerning an agent or an individual with a significant financial interest from credit reporting agencies, creditors, or financial institutions shall be requested by the Department in the event of such an investigation.
(4) These principles apply not only to the initial decision to investigate or not to investigate, but to decisions to keep an investigation going or to close it.
(5) Complainants may obtain Verified Complaint forms [28-012 (Rev. 09/11)] at the Market Enforcement headquarters office.

Credits

Note: Authority cited: Sections 407, 55483(c) and 56183.5(c), Food and Agricultural Code. Reference: Sections 404, 408, 55721, 56381 and 56382.5, Food and Agricultural Code.
History
1. New article 3 (sections 1702-1702.1) and section filed 12-15-2000; operative 1-14-2001 (Register 2000, No. 50).
2. Amendment of subsection (a)(5) filed 7-8-2013; operative 10-1-2013 (Register 2013, No. 28).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 3, § 1702, 3 CA ADC § 1702
End of Document