Section 10009 - Drafting Complaints Filed for Investigation(a) The department shall draft the language of each complaint filed for investigation on a complaint form prescribed by the department. The complaint shall contain all the information identified in section 12960(b) of the Government Code, and section 10007 of these regulations, and set forth the allegations in ordinary and concise language of the department's choosing, identifying in the body of the complaint material dates, the name and job title of each individual responsible for the alleged unlawful employment practices, and the manner in which they are responsible. Such individuals shall be identified in the body of the complaint regardless of whether they are named as respondents or personally liable for their conduct under the laws the department enforces. The department shall liberally construe the facts alleged by a complainant when drafting a complaint and include all relevant claims supported by the facts alleged.(b) The department may omit a complainant's address, telephone number, and e-mail address on any complaint alleging that the complainant has been subjected to violence or threats of violence including, but not limited to, sexual assault.(c) Once drafted, a complaint may be verified by a complainant in person or sent to the complainant for verification via U.S. mail, private carrier mail, facsimile transmission, e-mail, or other electronic means. When requested in writing by an attorney or advocacy organization representing the complainant, the drafted complaint shall be sent to the attorney or advocacy organization for review and to obtain the complainant's verification.(d) The filing date of a complaint shall be the date a DFEH office receives a verified complaint, regardless of whether the complaint is verified by the complainant in the office or the complaint is verified elsewhere and transmitted to the office via United States (U.S.) mail, electronically, private carrier mail (e.g., FedEx), facsimile, or hand delivery. Where a complainant cannot verify a complaint for investigation before the applicable statute of limitations runs, the department shall file the unverified complaint and accept it as received before the statute of limitations runs. Notwithstanding the foregoing, the department shall obtain a verified complaint before it is served.(e) No complaint may be filed after the expiration of one year from the date upon which the alleged unlawful practice occurred, except that this period may be extended as set forth in section 12960(d) of the Government Code and section 10018 of these regulations.(f) Any complainant, complainant's attorney or advocacy organization may propose modifications to the unverified complaint. The department shall consider the proposed modifications and, if accepted, draft a new complaint which may be verified by a complainant in person or sent to the complainant for verification. When requested by an attorney or advocacy organization representing the complainant, the modified complaint shall be sent to the attorney or advocacy organization for review and to obtain the complainant's verification. When modifications are not accepted, the department shall notify the complainant and the complainant's attorney or advocacy organization, if any, of the reasons for rejection and send to the complainant via U.S. mail, facsimile transmission, e-mail, or other electronic means another copy of the original complaint for verification.Cal. Code Regs. Tit. 2, § 10009
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (a), new subsections (d)-(e), subsection relettering and amendment of NOTE 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 subsections (c), (d) and (f) filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35). Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 52(f) and 54.3(b), Civil Code; and Sections 12930(f)(1)-(2), 12948, 12960(b) and 12960(d), Government Code.
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (a), new subsections (d)-(e), subsection relettering and amendment of Note 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 subsections (c), (d) and (f) filed 8-31-2017; operative 10/1/2017 (Register 2017, No. 35).