§ 10031. Accusation.

(a) If, after investigation, it is determined by the department that a complaint has merit, the director, in his or her discretion, may cause a written accusation to be issued in the name of the department. The discretion to issue an accusation may be delegated to the department's chief counsel or his or her designated associate or assistant chief counsel.

(b) An accusation may be issued, if at all, after an unsuccessful post-investigation conciliation or mediation conference or, if circumstances warrant, the department may issue an accusation without holding a conciliation or mediation conference.

(c) The department has discretion not to issue an accusation when circumstances warrant. Factors considered by the department when determining whether to issue an accusation include, but are not limited to: (1) the strength and sufficiency of the evidence of unlawful conduct; (2) the likelihood of prevailing on the merits at hearing or trial; (3) the availability and allocation of department resources; (4) whether the alleged violation addresses an important legal issue in an area where the department seeks to establish case law; (5) whether issuance of an accusation and subsequent litigation thereof are likely to impact civil rights in a manner consistent with the department's mission; and/or (6) whether the respondent has offered the complainant an equitable remedy the complainant has refused.

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(h) and 12965(a), Government Code.