Cal. Code Regs. tit. 2 § 10063

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 10063 - Civil Actions

(a) If, after investigation, it is determined by the department that discrimination has occurred or is about to occur, and the alleged violation has not been remedied through conference, conciliation, mediation, or persuasion, or otherwise, the director shall file a civil action in the name of the department.

(b) An action may be filed, if at all, only after the department has required mandatory dispute resolution.

(c) In making the determination whether discrimination has occurred or is about to occur, the department shall consider whether the facts concerning the alleged discriminatory housing practice are sufficient to warrant the initiation of a civil action. Factors considered by the department in making such a determination include, but are not limited to:

(1) the strength and sufficiency of the evidence of unlawful conduct; and

(2) the likelihood of prevailing on the merits at hearing or trial.

Cal. Code Regs. Tit. 2, § 10063

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of section heading and section 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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 subsections (b) and (c), 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 filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35).

Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(h), 12965, 12981(a) and 12981.1, Government Code.

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of section heading and section 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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 subsections (b) and (c), 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 filed filed 8-31-2017; operative 10/1/2017 (Register 2017, No. 35).