§ 10008. Priority Intake.

(a) A person who seeks to file a complaint for investigation whose statute of limitations would run in thirty (30) days or less, or who seek to file a complaint for investigation alleging a violation of the Unruh Civil Rights Act or Ralph Civil Rights Act, or a person who is terminally ill, may be given priority for the purpose of scheduling an intake appointment.

(b) The department may file a complaint for investigation solely on the basis of a telephone interview with a complainant, without first obtaining the complainant's signature on the complaint, when doing so is necessary to avoid missing the statute of limitations for filing with the department. Notwithstanding the foregoing, the department shall obtain a signature on a complaint for investigation before the complaint is served.

(c) A person who seeks to file a complaint for investigation with the department that alleges retaliation occurring within one-hundred-eighty (180) days of the person's filing a prior complaint of discrimination with the department, or within one-hundred-eighty (180) days of that person's participation in an investigation conducted by the department, also may be given priority for the purpose of scheduling an intake appointment.

(d) Priority also may be given to a person who calls the department's communication center to reschedule an intake appointment. If the person is unavailable the next regularly scheduled intake day and is prepared with information necessary to conduct an intake interview at the time he or she calls to reschedule, the department may offer to interview the person by phone at that time ( “instant intake”), pending staff availability.

(e) Any other person whose situation warrants a priority intake in the department's discretion may be given priority for the purpose of scheduling an intake appointment.

HISTORY

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).

Note

Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 52(f) and 54.3(b), Civil Code; and Sections 12930(f)(1)-(2), 12940(h), 12948, 12960(b) and 12960(d), Government Code.