Cal. Code Regs. Tit. 11, § 7302 - Probable Cause Proceedings

(a) Probable Cause. Under Civil Code section 1798.199.50, probable cause exists when the evidence supports a reasonable belief that the CCPA has been violated.

(b) Probable Cause Notice. The Enforcement Division will provide the alleged violator with notice of the probable cause proceeding as required by Civil Code section 1798.199.50.

(c) Probable Cause Proceeding.

(1) The proceeding shall be closed to the public unless the alleged violator files, at least 10 business days before the proceeding, a written request for a public proceeding. If the proceeding is not open to the public, then the proceeding may be conducted in whole or in part by telephone or videoconference.

(2) The Agency shall conduct the proceeding informally. Only the alleged violator(s), their legal counsel, and the Enforcement Division shall have the right to participate at the proceeding. The Agency shall determine whether there is probable cause based on the probable cause notice and any information or arguments presented at the probable cause proceeding by the parties.

(3) If the alleged violator(s) fails to participate or appear at the probable cause proceeding, the alleged violator(s) waives the right to further probable cause proceedings under Civil Code section 1798.199.50, and the Agency shall determine whether there is probable cause based on the notice and any information or arguments provided by the Enforcement Division.

(d) Probable Cause Determination. The Agency shall issue a written decision with its probable cause determination and serve it on the alleged violator electronically or by mail. The Agency's probable cause determination is final and not subject to appeal.

(e) Notices of probable cause and probable cause determinations shall not be open to the public nor admissible in evidence in any action or special proceeding other than one enforcing the CCPA.

Notes

Cal. Code Regs. Tit. 11, § 7302

1. New section filed 3-29-2023; operative 3-29-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 13).

Note: Authority cited: Section 1798.185, Civil Code. Reference: Section 1798.199.50, Civil Code.

1. New section filed 3-29-2023; operative 3/29/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 13).