§ 10030. Investigations Not Completed Within Statutory Time Limit.

(a) Where an investigation is not completed within the statutory time limit the department may:

(1) continue the investigation;

(2) taking into consideration the complexity of the case, time necessary to complete the investigation, and likelihood of proving discrimination, close the case where continued investigation would be an inefficient use of the department's resources; or

(3) if the case is dual-filed with the EEOC, waive the case to the EEOC for continued investigation.

(b) When an investigation is completed after the statutory time limit and the complaint has been found meritorious, the department shall schedule a conciliation or mediation conference.

(c) The department shall not issue an accusation when an investigation is completed after the statutory time limit and a complaint has been found meritorious. However, the director, in his or her discretion, may issue a director's complaint.

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 12930(f)(1), 12930(h), 12963 and 12965(a), Government Code.