Cal. Code Regs. Tit. 2, § 10010 - Written Statement or Correspondence as Complaint
(a) If the statute of limitations would
expire before an intake interview could be scheduled and completed for a
complaint filed for investigation, the department may promptly initiate and
conduct an intake interview by phone, without an appointment, or waive the
intake process and accept a complaint for investigation using a written
statement or correspondence from the complainant verified under penalty of
perjury. As long as the written statement or correspondence satisfies all the
requirements set forth in section
12960 of
the Government Code, and section
10002 of these regulations, alleges
a claim or claims over which the department has jurisdiction, and the statutory
deadline to file with the department is imminent, the department may accept
such a written statement or correspondence as a complaint for
investigation.
(b) The department
may accept a statement from a complainant's attorney as long as the complainant
has verified the statement of complaint or submits a signed statement
authorizing the attorney to verify the complaint on the complainant's
behalf.
(c) When intake has been
waived, an investigator shall interview the complainant as soon as practicable
after the complaint is filed and file an amended complaint on the form
prescribed by the department. If, during the interview, the complainant
presents new facts or raises new issues not included in the original complaint,
they may be included in the amended complaint as long as the new facts and/or
issues are based on or relate back to the facts stated in the original
complaint.
Notes
2. Amendment of subsection (a), repealer of subsection (b), subsection relettering and amendment of newly designated subsection (b) filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35).
Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 52(f) and 54.3(b), Civil Code; and Sections 12930(f)(1)-(2), 12948, 12960(b) and 12960(d), Government Code.
2. Amendment of subsection (a), repealer of subsection (b), subsection relettering and amendment of newly designated subsection (b) filed 8-31-2017; operative
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