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§ 10031. Civil Actions.


Barclays Official California Code of Regulations Currentness
Title 2. Administration
Division 4.1. Department of Fair Employment and Housing
Chapter 1. Procedures of the Department of Fair Employment and Housing
Subchapter 1. Employment, Unruh Civil Rights Act (CIV. Code, § 51 et seq.), Ralph Civil Rights Act (CIV. Code, § 51.7), and Disabled Persons Act (CIV. Code, § 54 et seq.) Complaints
2 CCR § 10031
§ 10031. Civil Actions.
(a) If, after investigation, it is determined by the department that a complaint has merit under the relevant legal standard, the director, in his or her discretion, may file a civil action in the name of the department. The discretion to file a civil action may be delegated to the department's chief counsel or designated associate or assistant chief counsel.
(b) A civil action may be filed, if at all, only after the department has required mandatory dispute resolution.
(c) The department has discretion not to file a civil action when circumstances warrant. Factors considered by the department when determining whether to proceed with a civil action include, but are not limited to: (1) the strength and sufficiency of the evidence of unlawful conduct; (2) the likelihood of prevailing on the merits at hearing or trial; (3) the availability and allocation of department resources; (4) whether the alleged violation addresses an important legal issue in an area where the department seeks to establish case law; (5) whether filing the civil action and subsequent litigation thereof are likely to impact civil rights in a manner consistent with the department's mission; and/or (6) whether the respondent has offered the complainant an equitable remedy the complainant has refused.
Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(h) and 12965(a), Government Code.
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of section heading and section filed 10-27-2014 as an emergency; operative 10-27-2014 (Register 2014, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-27-2014 order, including amendment of subsection (c), transmitted to OAL 4-20-2015 and filed 6-2-2015; amendments effective 6-2-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 23).
4. Amendment of section heading and subsections (a) and (b) filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35).
This database is current through 11/19/21 Register 2021, No. 47
2 CCR § 10031, 2 CA ADC § 10031
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