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§ 10053. Service of Complaints.


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 2. Housing Discrimination Complaints
2 CCR § 10053
§ 10053. Service of Complaints.
(a) The department shall initiate service upon all respondents named in a verified housing discrimination complaint within ten (10) working days after the complaint is filed.
(b) The date of service is the date the complaint is placed in the mail (certified mail only) or personally delivered to the respondent.
(c) All department service documents shall be clearly marked “PERSONAL AND CONFIDENTIAL: TO BE OPENED BY ADDRESSEE OR DESIGNATE ONLY.”
(d) If a complaint sent via certified mail to a respondent's correct last known address is returned as undeliverable, or if the respondent refused service, the department shall promptly initiate steps to re-serve the complaint including, but not limited to, personal service of the verified complaint.
(e) The department may forego serving by certified mail and promptly initiate personal service whenever the circumstances warrant.
(f) The department shall allow a complainant to rescind a verified complaint prior to service and if a complaint is rescinded, the department will not serve the complaint. Complainant must submit a signed written verification that they are requesting to rescind a complaint prior to service and acknowledge they understand the complaint will not be investigated. Should they wish to proceed with it, they would have to submit a new pre-complaint inquiry.
Note: Authority cited: Section 12930(e), Government Code. Reference: Section 12986, Government Code.
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. New subsection (f) 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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 transmitted to OAL 4-20-2015 and filed 6-2-2015 (Register 2015, No. 23).
4. Amendment of subsection (c) filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35).
This database is current through 7/22/22 Register 2022, No. 29
2 CCR § 10053, 2 CA ADC § 10053
End of Document