Section 7363 - Review of Complaint(a) Upon a receipt of either of the following, the Chief, Office of Civil Rights and Affirmative Action shall notify the complainant of receipt of the information and that a review conducted in accordance with (b) shall occur: (1) A written complaint of discrimination containing all of the information specified in Section 7353.5(a)(3) from an applicant, client, former client, or student with a disability of the Department, and filed within 180 days of the date of the alleged discrimination or within 30 days of receiving written notification from a contractor or grantee in accordance with Section 7335.5.(2) The summary of the Administrative Review specified in Section 7353.5(b)(2)(A).(b) The Chief, Office of Civil Rights and Affirmative Action shall review the information received pursuant to (a) to determine both of the following:(1) Whether the complaint was filed within the specified time limits. If the filing is untimely, the Chief, Office of Civil Rights and Affirmative action shall dismiss the complaint by advising the complainant in writing of the reason for the dismissal and of his/her right to file a complaint with the U.S. Department of Education, Office for Civil Rights.(2) If prima facie evidence of discrimination exists. This may require the solicitation of additional information from the complainant. If a prima facie case:(A) Exists, the Chief shall refer the complaint to whomever of the following that the Chief deems appropriate:1. An Equal Employment Opportunity Counselor for informal counseling and resolution.2. An Equal Employment Opportunity Investigator for formal investigation.(B) Does not exist, the Chief shall dismiss the complaint by advising the complainant in writing of the reasons for the dismissal and of his/her right to file a complaint with the U.S. Department of Education, Office for Civil Rights.(c) When a complaint is referred to an Equal Employment Opportunity Counselor, the Counselor shall attempt to resolve the complaint within 15 working days unless an extension of the counseling period is agreed upon between the complainant and the Counselor. If the complaint is: (1) Resolved, the Counselor shall summarize the resolution in writing and send copies to all of the following: (B) The District Administrator.(C) The Chief, Office of Civil Rights and Affirmative Action.(2) Not resolved, the Counselor shall refer the complaint back to the Chief, Office of Civil Rights and Affirmative Action for assignment to an Equal Employment Opportunity Investigator for formal investigation. The Counselor shall send Written notification of the referral to the complainant.Cal. Code Regs. Tit. 9, § 7363
1. New article 3 and section filed 7-6-94; operative 8-5-94 (Register 94, No. 27).
2. Amendment of subsection (a)(1) and NOTE filed 2-17-2023; operative 2-17-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7). Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 34 CFR 100.6, 100.7, 104.7, 104.51 and 104.61.
1. New article 3 and section filed 7-6-94; operative 8-5-94 (Register 94, No. 27).
2. Amendment of subsection (a)(1) and NOTE filed 2-17-2023; operative 2/17/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7).