Section 10033 - Departmental Appeal(a) Any person who wishes to appeal the department's decision to reject a complaint or close a case may appeal to the director, or to the director's designee, within 10 days following notification of the department's decision. The appeal shall set forth specifically and in full detail the grounds upon which the appealing party considers the department's determination to be unjust or unlawful, and every issue to be considered by the director or the director's designee. The director or the director's designee may consider any issue relating to the initial decision and may modify, affirm, or reverse the decision, including by reopening the investigation. The director's designee in responding to appeals shall be a person who does not directly supervise the department employee who made the initial decision to reject a complaint or close a case. The decision of the director or the director's designee is final and may not be appealed to any other department employee, officer, or other individual delegated any function, power, or duty of the department.(b) When an appeal is completed after the statutory time limit and the complaint has been found meritorious under the relevant legal standard, the department shall schedule a conciliation or mediation conference.(c) Any concerns regarding the handling of an open complaint shall be directed to the district administrator or, if there is no district administrator, the regional administrator of the office where the complaint is being investigated.Cal. Code Regs. Tit. 2, § 10033
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (n) 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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 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 12960(b), 12965 and 12971, Government Code.
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (n) 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 filed 8-31-2017; operative 10/1/2017 (Register 2017, No. 35).