Cal. Code Regs. Tit. 2, § 10030 - Investigations Not Completed Within Statutory Time Limit

(a) Where an investigation is not completed within the statutory time limit the department may:

(1) continue the investigation;

(2) taking into consideration the complexity of the case, time necessary to complete the investigation, and likelihood of proving discrimination, close the case where continued investigation would be an inefficient use of the department's resources; or

(3) if the case is dual-filed with the EEOC, waive the case to the EEOC for continued investigation.

(b) When an investigation is completed after the statutory time limit and the complaint has been found meritorious under the relevant legal standard, the department shall schedule a conciliation or mediation conference.

(c) The department shall not file a civil action when an investigation is completed after the statutory time limit and a complaint has been found meritorious under the relevant legal standard. However, the director, in his or her discretion, may issue a director's complaint if otherwise appropriate under section 12960 of the Government Code and section 10012 of these regulations.

Notes

Cal. Code Regs. Tit. 2, § 10030

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (c) 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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, including amendment of subsection (c), transmitted to OAL 4-20-2015 and filed 6-2-2015; amendments effective 6-2-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 23).
4. Amendment of subsections (b) and (c) filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35).

Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(f)(1), 12930(h), 12963 and 12965(a), Government Code.

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (c) 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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, including amendment of subsection (c), transmitted to OAL 4-20-2015 and filed 6-2-2015; amendments effective 6-2-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 23).
4. Amendment of subsections (b) and (c) filed 8-31-2017; operative 10/1/2017 (Register 2017, No. 35).