Cal. Code Regs. Tit. 2, § 10056 - 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 attorney or advocate, 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/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.

(e) For cases that are dual-filed with HUD, conciliation and settlement agreements shall meet all requirements specified by HUD.

Notes

Cal. Code Regs. Tit. 2, § 10056

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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, including relettering of subsection (g) to subsection (e), 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).

Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(f)(1), 12980(i) and 12984, Government Code.

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
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, including relettering of subsection (g) to subsection (e), 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).