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§ 10042. Written Statement or Correspondence as Complaint.


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 § 10042
§ 10042. Written Statement or Correspondence as Complaint.
(a) If the statute of limitations would expire before an intake interview could be scheduled and completed for a housing discrimination complaint, the department may promptly initiate and conduct an intake interview by phone, without an appointment, or waive the intake process and accept a complaint for investigation using a written statement or correspondence from the complainant verified under penalty of perjury. As long as the written statement or correspondence satisfies all the requirements set forth in section 12980(a) of the Government Code, alleges a claim or claims over which the department has jurisdiction, and the statutory deadline to file with the department is imminent, the department may accept such a written statement or correspondence as a complaint for filing purposes.
(b) The department may accept a statement from a complainant's attorney as long as the complainant has verified the statement of complaint or submits a verified statement authorizing the attorney to verify the complaint on the complainant's behalf.
(c) When intake has been waived, an investigator shall interview the complainant as soon as practicable after the complaint is filed and file an amended complaint on the form prescribed by the department. If, during the interview, the complainant presents new facts or raises new issues not included in the original complaint, they may be included in the amended complaint as long as the new facts and/or issues are based on or relate back to the facts stated in the original complaint.
Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 52(f) and 54.3(b), Civil Code; and Sections 12930(f)(1)-(2), 12955(d) and 12980(a), Government Code.
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (a) 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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 (a), repealer of subsection (b), subsection relettering and amendment of newly designated subsection (b) 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 § 10042, 2 CA ADC § 10042
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