Cal. Code Regs. Tit. 2, § 10054 - Amending Complaints

(a) The department may amend an open housing discrimination complaint to:

(1) add bases or allegations for which the statute of limitations has not run;

(2) add or delete facts or change the wording of a complaint;

(3) cure technical defects or omissions, including correcting a case number, address, or name of a party;

(4) add new bases, respondents, or complainants after the expiration of the one-year statute of limitations where the amendment either relates back to the same material facts set forth in the original complaint, or the original complaint contains language that specifically references or identifies the bases, respondents, or complainants to be added;

(5) add an allegation of retaliation after the one-year statute of limitations has run where the alleged retaliatory conduct is the same conduct complained of in the original complaint (e.g., termination of lease) for which another discriminatory basis was originally alleged (e.g., request for reasonable accommodation).

(6) add class or group allegations to an individual complaint and pursue the complaint as a class or group complaint.

(b) When an open complaint of discrimination has been amended:

(1) respondents shall be given sufficient notice and time to respond to new allegations;

(2) the filing date of the amended complaint remains the same as the original filing date.

(c) The department shall not amend an open complaint to add:

(1) allegations that are beyond the one-year statute of limitations if the allegations relate to a different set of facts than those alleged in the original complaint;

(2) bases or allegations that would have been rejected if raised at intake;

(3) bases or allegations refuted by evidence obtained during the investigation.

Notes

Cal. Code Regs. Tit. 2, § 10054

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (d) 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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).
4. Amendment of subsection (a)(3) and repealer of subsection (d) 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), 12980(a) and 12980(c), Government Code.

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (d) 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).
4. Amendment of subsection (a)(3) and repealer of subsection (d) filed filed 8-31-2017; operative 10/1/2017 (Register 2017, No. 35).