- (a) The department shall initiate service upon all respondents named in a verified housing discrimination complaint within ten (10) working days after the complaint is filed.
- (b) The date of service is the date the complaint is placed in the mail (certified mail only) or personally delivered to the respondent.
- (c) All department service documents shall be clearly marked “PERSONAL AND CONFIDENTIAL: TO BE OPENED BY ADDRESSEE OR DESIGNATE ONLY.”
- (d) 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 initiate steps to re-serve the complaint including, but not limited to, personal service of the verified complaint.
- (e) The department may forego serving by certified mail and promptly initiate personal service whenever the circumstances warrant.
- (f) The department shall allow a complainant to rescind a verified complaint prior to service and if a complaint is rescinded, the department will not serve the complaint. 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.
Note: Authority cited: Section 12930(e), Government Code. Reference: Section 12986, Government Code.
History
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. New subsection (f) 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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 (c) filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35).