§ 10033. Departmental Appeal.

(a) Any person who wishes to appeal the department's decision to reject a complaint or close a case shall direct his or her concerns to the district administrator or, if there is no district administrator, the regional administrator of the office that rejected or closed the complaint. Appeals may be presented verbally by telephone or in writing.

(b) Regardless of whether an appeal is oral or written, the district administrator or, if there is no district administrator, the regional administrator, or other individual delegated any function, power, or duty of the district or regional administrator, shall respond in writing. Where the appeal concerns a complaint rejected for investigation, the district or regional administrator, or his or her designee, also shall draft a complaint for filing purposes only, to be included with the written response.

(c) Any person dissatisfied with the response of the district administrator may direct his or her further appeal to the regional administrator or his or her designee.

(d) Regardless of whether the further appeal is oral or written, the regional administrator, or other individual delegated any function, power, or duty of the regional administrator, shall respond in writing.

(e) Any person dissatisfied with the response of the regional administrator may direct his or her further appeal to the chief of enforcement.

(f) Regardless of whether the further appeal is oral or written, the chief of enforcement, or his or her designee, shall respond in writing.

(g) Any person dissatisfied with the response of the chief of enforcement may direct his or her further appeal to the director.

(h) Regardless of whether the further appeal is oral or written, the director, or his or her designee, shall respond in writing.

(i) The decision of the director is final and may not be appealed to any other department employee, officer, or other individual delegated any function, power, or duty of the department.

(j) Any concerns regarding the handling of an open complaint shall be directed to the district administrator or, if there is no district administrator, the regional administrator of the office where the complaint is being investigated.

(k) Any person dissatisfied with the response of the district administrator may direct his or her concerns to the regional administrator or his or her designee.

(l) Any person dissatisfied with the response of the regional administrator, or his or her designee, may direct his or her concerns to the chief of enforcement.

(m) The response of the chief of enforcement, or other individual delegated any function, power, or duty of the chief of enforcement, is final and may not be appealed to any other department employee or officer while the complaint is open. After the complaint is closed, any remaining concerns may be directed to the director, whose response, and/or the response of his or her designee, shall be final and nonappealable to any other department employee, officer, or other individual delegated any function, power, or duty of the department.

(n) Any respondent who wishes to complain about the issuance of an accusation against the respondent shall direct his or her concerns to the chief counsel of the department's legal division.

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 12960(b), 12965 and 12971, Government Code.