1. (a) The Department is responsible for overseeing system discipline and conformity with these regulations. If a User, User Agency, or Node Agency violates any law governing the CalGang database, including these regulations, the Department shall take, or instruct a Node Administrator to take, one or more of the corrective actions set forth in subdivision (a)(1), and may take any or all of the additional actions set forth in subdivision (a)(2).

   1. (1) Corrective actions:

      1. (A) Notify a supervisor and/or the head of a Node Agency or User Agency.
      2. (B) Suspend access to the CalGang database pending retraining and/or passing a recertification exam.
      3. (C) Subject the Node Agency or User Agency to a moratorium pending a review by the Department that ensures the issue has been adequately addressed.
      4. (D) Conduct additional audits.
      5. (E) Suspend or revoke the access of a Node Agency or User Agency to the CalGang database if a User or Users of the Node Agency or User Agency are found to be misusing the CalGang database or data contained therein on multiple occasions.

   2. (2) Additional actions:

      1. (A) Issue a letter of censure.
      2. (B) Temporarily suspend access to the CalGang database.
      3. (C) Revoke access to the CalGang database.

2. (b) The Department shall, at a minimum, consider the following circumstances when determining which actions in subdivision (a) will be taken by the Department, or Node Administrator as instructed by the Department:

   1. (1) Whether the violation was purposeful, accidental, or due to negligence by the User, User Agency, or Node Agency.
   2. (2) Whether the violation is the first violation by the User, User Agency, or Node Agency.
   3. (3) Whether retraining or recertification would prevent the violation from occurring again.
   4. (4) Whether any person was harmed by the violation.

Note: Authority cited: Section 186.36, Penal Code. Reference: Section 186.36, Penal Code.

History

1. New section filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 43). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.