1. (a) OCP may conduct a compliance investigation of a contractor's employment practices for the purpose of determining whether the contractor holding a state contract is acting or has acted in violation of the nondiscrimination and compliance requirements imposed by subchapter 5 of chapter 5. Investigations under this section shall involve a detailed review of the contractor's entire employment practices and procedures. Investigations under this section may be conducted when the Administrator determines a pattern of unlawful discrimination in employment may have occurred within the past twelve months or be ongoing. Such a determination shall be in writing and shall be based upon:

   1. (1) A complaint by a contract awarding agency; or
   2. (2) The results of the regular compliance review activities of the OCP; or
   3. (3) A notice of any complaint of employment discrimination filed pursuant to section 11117 of subchapter 5 of chapter 5 or Government Code section 12960; or
   4. (4) The failure of the contractor to provide compliance information required by subchapter 5 of chapter 5 or reasonably requested by OCP.
2. (b) Whenever a contractor that is the subject of a compliance investigation pursuant to this section is also the subject of a complaint pursuant to Government Code section 12960, if possible, OCP and any other unit of the DFEH investigating the contractor's employment practices shall coordinate their investigations.

Note: Authority cited: Sections 12935(a) and 12990(d), Government Code. Reference: Section 12990, Government Code.

History

1. Change without regulatory effect renumbering former section 8402 to new section 11135 and amending section filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).

2. Renumbering and amendment of former section 11135 to new section 10252 filed 12-9-2015; operative 4-1-2016 (Register 2015, No. 50).