Cal. Code Regs. Tit. 2, § 10024 - 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
attorneys or advocates, 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 the final terms of
settlement; 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 file a civil action. A
respondent providing such information at a conciliation conference shall
authorize the department to use the information to close the
case.
Notes
2. Amendment of subsection (d)(3) filed 10-27-2014 as an emergency; operative 10-27-2014 (Register 2014, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-27-2014 order transmitted to OAL 4-20-2015 and filed 6-2-2015 (Register 2015, No. 23).
Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(f) and 12963.7, Government Code.
2. Amendment of subsection (d)(3) filed 10-27-2014 as an emergency; operative
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