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§ 10022. Amending Complaints.

2 CA ADC § 10022BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

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 § 10022
§ 10022. Amending Complaints.
(a) The department may amend an open complaint of discrimination to:
(1) add bases or allegations for which the statute of limitations has not run;
(2) add or delete facts or change the wording of a complaint;
(3) cure technical defects or omissions, including correcting a case number, address, or name of a party;
(4) add new bases, respondents, or complainants after the expiration of the one-year statute of limitations where the amendment either relates back to the same material facts set forth in the original complaint, or the original complaint contains language that specifically references or identifies the bases, respondents, or complainants to be added;
(5) add an allegation of retaliation after the one-year statute of limitations has run where the alleged retaliatory conduct is the same conduct complained of in the original complaint (e.g., termination) for which another discriminatory basis was originally alleged (e.g., national origin discrimination); and/or
(6) add class or group allegations to an individual complaint and pursue the complaint as a class or group complaint.
(b) When an open complaint of discrimination has been amended:
(1) respondents shall be given sufficient notice and time to respond to new allegations;
(2) the filing date of the amended complaint remains the same as the original filing date.
(c) The department shall not amend an open complaint to add:
(1) allegations that are beyond the one-year statute of limitations if the allegations relate to a different set of facts than those alleged in the original complaint;
(2) bases or allegations that would have been rejected if raised at intake;
(3) bases or allegations refuted by evidence obtained during the investigation.
(4) Under the foregoing circumstances, the department shall offer the complainant a complaint for filing purposes only, which shall not be investigated, and which, if accepted by the complainant, shall contain the new bases and/or allegation(s).
(d) The department shall amend closed employment discrimination complaints as requested by complainants or their counsel.
(e) When the department amends a closed complaint, the department shall neither reopen the complaint nor make an administrative determination on the validity, retroactivity, or merits of the amendment.
(f) When a closed complaint is amended by the department, the original filing date and right-to-sue notice shall remain in effect, as shall the original statute of limitations for filing a private lawsuit.
Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(f)(1) and 12960(b), Government Code.
HISTORY
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (g) 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 (g), 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 subsection (a)(3) and repealer of subsection (g) 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 § 10022, 2 CA ADC § 10022
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