Section 10021 - Service of Complaints(a) Only verified complaints filed for investigation with the department by complainants not represented by counsel shall be served by the department. The department may, but is not required, to also serve: (1) verified complaints filed for investigation with the department by complainants represented by counsel;(2) complaints accepted only for filing purposes from complainants not represented by counsel; or(3) complaints accepted only for filing purposes from complainants represented by counsel.(b) The department shall strive to initiate service upon all respondents named in a verified complaint filed for investigation by a complainant not represented by counsel, or any other complaint the department decides to service, within ten (10) working days after the complaint is filed. Whenever service is required or initiated pursuant to the department's discretion, service shall be initiated not more than sixty (60) days after the complaint is filed.
(c) The date of service is the date the complaint is placed in the mail (certified mail only) or personally delivered to the respondent.(d) All department service documents shall be clearly marked "PERSONAL AND CONFIDENTIAL: TO BE OPENED BY ADDRESSEE OR DESIGNATE ONLY."(e) 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 take steps to re-serve the complaint including, but not limited to, initiating personal service of a verified complaint filed for investigation.(f) The department may forego serving by certified mail and promptly initiate personal service whenever the circumstances warrant.(g) The department shall not serve complaints issued in response to requests for an immediate right-to-sue notice, regardless of whether or not a complainant is represented by counsel.(h) The department shall allow a complainant to rescind a verified complaint prior to service and if a complaint is rescinded, the department will not serve the complaint. A 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.Cal. Code Regs. Tit. 2, § 10021
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. New subsection (h) 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 (d) filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35). Note: Authority cited: Section 12930(e), Government Code. Reference: Section 12962, Government Code; and Wasti v. Superior Court (2006) 140 Cal.App.4th 667 [44 Cal.Rptr.3d 625].
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. New subsection (h) 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 (d) filed 8-31-2017; operative 10/1/2017 (Register 2017, No. 35).