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 California Code of Regulations (Last Updated: August 6, 2014)
 Title 2. Administration
 Division 4.1. Department of Fair Employment and Housing
 Chapter 1. Procedures of the Department of Fair Employment and Housing
 Subchapter 1. Employment, Unruh Civil Rights Act (CIV. Code, § 51 et seq.), Ralph Civil Rights Act (CIV. Code, § 51.7), and Disabled Persons Act (CIV. Code, § 54 et seq.) Complaints

  § 10021. Service of Complaints.  

Latest version.
  • (a) Only verified complaints filed for investigation with the department by complainants not represented by counsel shall be served by the department. The department may, but is not required, to also serve:
    (1) verified complaints filed for investigation with the department by complainants represented by counsel;
    (2) complaints accepted only for filing purposes from complainants not represented by counsel; or
    (3) complaints accepted only for filing purposes from complainants represented by counsel.
    (b) The department shall strive to initiate service upon all respondents named in a verified complaint filed for investigation by a complainant not represented by counsel, or any other complaint the department decides to service, within ten (10) working days after the complaint is filed. Whenever service is required or initiated pursuant to the department's discretion, service shall be initiated not more than sixty (60) days after the complaint is filed.
    (c) The date of service is the date the complaint is placed in the mail (certified mail only) or personally delivered to the respondent.
    (d) All department service documents shall be placed in an envelope clearly marked “PERSONAL AND CONFIDENTIAL: TO BE OPENED BY ADDRESSEE OR DESIGNATE ONLY” regardless of whether the documents are served by personal service or certified mail with return receipt requested.
    (e) 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 take steps to re-serve the complaint including, but not limited to, initiating personal service of a verified complaint filed for investigation.
    (f) The department may forego serving by certified mail and promptly initiate personal service whenever the circumstances warrant.
    (g) The department shall not serve complaints issued in response to requests for an immediate right-to-sue notice, regardless of whether or not a complainant is represented by counsel.
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: Section 12962, Government Code; and Wasti v. Superior Court (2006) 140 Cal.App.4th 667 [44 Cal.Rptr.3d 625].