1. (a) The department may attempt to resolve complaints through conciliation. Mediation, a form of conciliation, is addressed in section 10281 of these regulations. This section addresses other conciliation efforts that may include settlement discussions conducted by investigators, attorneys, or other CRD staff before or after the department has determined that there is reasonable cause to believe a law it enforces has been violated.
2. (b) The department shall inform respondents and complainants when it is initiating a conciliation.

3. (c) Communications during conciliations shall be kept confidential, except the following are not required to be kept confidential:

   1. (1) issues established as fact during the investigation (but not facts communicated confidentially only as part of conciliation);
   2. (2) settlement agreements reached during conciliations, with limited exceptions for partial confidentiality through redactions as permitted under section 10281 of these regulations and Code of Civil Procedure section 1001; and/or
   3. (3) information or documents produced during a conciliation that the producing party has authorized the department to disclose.

4. (d) The confidentiality of conciliation communications shall not prevent participants in a conciliation from:

   1. (1) sharing information about what transpired in the conciliation with their counsel or co-counsel who did not participate in the conciliation; or in the event of a settlement, with parties identified and agreed to in the written settlement agreement; or
   2. (2) discussing at a continued or resumed conciliation the settlement offers and other statements parties made during an earlier conciliation of the same complaint.
5. (e) The department may require all parties to agree in writing to toll any applicable statutes of limitations for filing a civil action between the date a conciliation commences and the time the department notifies the parties in writing that the conciliation has been completed.
6. (f) All settlement agreements reached through conciliation shall comply with the requirements for settlement agreements reached through CRD mediations, as specified in section 10281 of these regulations.

Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(f)(1), 12963.7, 12980(i), 12984 and 12985, Government Code.

History

1. New subchapter 4 (sections 10280-10281) and section filed 2-17-2026; operative 4-1-2026 (Register 2026, No. 8).