§ 10056. Conciliation.

(a) Conciliation efforts undertaken by the department's enforcement division may include post-investigation conciliation and/or settlement conferences as well as pre-determination settlement negotiations. Whenever a complainant or respondent is represented by an attorney or advocacy organization, enforcement staff shall communicate with the party's attorney or advocate regarding settlement.

(b) Pre-determination settlement (PDS) negotiations are confidential; however, any settlement agreement entered into as a result of PDS negotiations that is signed by the department, as well as the terms of settlement, are not confidential.

(c) If the department determines after investigation that a preponderance of evidence exists to prove a complaint's allegations, both the complainant and respondent, as well as their respective attorney or advocate, if any, shall be invited to participate in a conciliation or mediation conference on equal terms.

(d) Everything that transpires at a post-investigation conciliation conference shall be kept confidential, except as follows:

(1) issues established as fact during the investigation;

(2) any settlement agreement signed by the department; and/or

(3) new facts presented by the respondent at the conciliation conference that cause the department to re-evaluate the case and determine not to issue an accusation. A respondent providing such information at a conciliation conference shall authorize the department to use the information to close the case.

(g) For cases that are dual-filed with HUD, conciliation and settlement agreements shall meet all requirements specified by HUD.

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), 12980(i) and 12984, Government Code.