Section 999.223 - Reconsideration(a) A County Recorder may request reconsideration of a suspension or termination of a system certification. The County Recorder shall submit a written request to the ERDS Program within thirty (30) days of the notification stating justification for the reconsideration. The County Recorder may not operate the ERDS until the ERDS Program has made a determination on the request for reconsideration.(b) The ERDS Program shall submit a written determination on the request for reconsideration to the County Recorder within thirty (30) days of receiving the request. A copy of the determination shall be provided to the Board of Supervisors, the Attorney General, and the District Attorney.(c) If an ERDS system certification has been suspended or terminated because of vulnerabilities, the County Recorder shall provide a modified system incident audit report to the ERDS Program before it may resume ERDS operation. Vulnerabilities include unsatisfactory audit findings by a Computer Security Auditor and/or reported incidents that have been determined to compromise the security of an ERDS.(d) Reinstatement of an ERDS system certification that has been suspended or terminated because of non-compliance with administrative requirements shall be dependent, at the discretion of the ERDS Program, upon the County Recorder's response and correction action to the reason(s) for suspension or termination. For purposes of this section, administrative requirements include failure to respond to a notice of corrective action for a non-compliance issues as a result of local inspection, failure to comply with the audit and local inspection schedule, non-payment of a County's proportionate cost of the system administration fee, non-compliance with the Statement of Understanding form #ERDS 0011, and/or good cause.Cal. Code Regs. Tit. 11, § 999.223
1. New section filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2. Amendment of subsection (d) filed 8-11-2014; operative 10-1-2014 (Register 2014, No. 33).
3. Amendment filed 10-7-2019; operative 1-1-2020 (Register 2019, No. 41).
4. Change without regulatory effect amending Statement of Understanding form #ERDS 0011 (incorporated by reference) and amending subsection (d) filed 5-27-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 22). Filing deadline specified in section 100, title 1, California Code of Regulations extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Sections 27393, 27396(a) and 27396(b)(1), Government Code. Reference: Sections 27392(a), 27393(b)(2), 27393(c) and 27396, Government Code.
1. New section filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2. Amendment of subsection (d) filed 8-11-2014; operative 10/1/2014 (Register 2014, No. 33).
3. Amendment filed 10-7-2019; operative 1/1/2020 (Register 2019, No. 41).
4. Change without regulatory effect amending Statement of Understanding form #ERDS 0011 (incorporated by reference) and amending subsection (d) filed 5-27-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 22). Filing deadline specified in section 100, title 1, California Code of Regulations extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.