Cal. Code Regs. Tit. 2, § 10031 - Civil Actions
(a)
If, after investigation, it is determined by the department that a complaint
has merit under the relevant legal standard, the director, in his or her
discretion, may file a civil action in the name of the department. The
discretion to file a civil action may be delegated to the department's chief
counsel or designated associate or assistant chief counsel.
(b) A civil action may be filed, if at all,
only after the department has required mandatory dispute resolution.
(c) The department has discretion not to file
a civil action when circumstances warrant. Factors considered by the department
when determining whether to proceed with a civil action include, but are not
limited to:
(1) the strength and sufficiency
of the evidence of unlawful conduct;
(2) the likelihood of prevailing on the
merits at hearing or trial;
(3) the
availability and allocation of department resources;
(4) whether the alleged violation addresses
an important legal issue in an area where the department seeks to establish
case law;
(5) whether filing the
civil action and subsequent litigation thereof are likely to impact civil
rights in a manner consistent with the department's mission; and/or
(6) whether the respondent has offered the
complainant an equitable remedy the complainant has
refused.
Notes
2. Amendment of section heading and section 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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 section heading and subsections (a) and (b) filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35).
Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(h) and 12965(a), Government Code.
2. Amendment of section heading and section filed 10-27-2014 as an emergency; operative
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 section heading and subsections (a) and (b) filed 8-31-2017; operative
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