Cal. Code Regs. Tit. 2, § 10058 - Complaint Investigation
(a) After any housing discrimination
complaint alleging facts sufficient to constitute a violation of the FEHA is
filed, the department shall initiate prompt investigation thereof.
(b) Where it is disputed or unclear that the
department has jurisdiction over a particular respondent or allegation, the
investigation shall initially focus on obtaining the information and documents
necessary to determine whether the department has jurisdiction.
(c) During the course of its investigation
the department may, but is not required to, issue and serve investigative
subpoenas, written interrogatories, and requests for production of books,
records and documents. If a person or entity fails to comply with a subpoena,
written interrogatories or requests for production of documents properly issued
and served by the department, after requesting compliance in writing and/or by
telephone, the department shall file a petition with the superior court, in
accordance with section
12963.5 of
the Government Code, to compel compliance with its investigative
discovery.
(d) The department shall
gather during the course of an investigation all relevant evidence necessary to
determine whether an unlawful housing practice has occurred.
(e) The department shall prioritize early in
the investigative process complex cases and cases that appear to have merit to
better allocate the department's resources.
Notes
Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(f)-(g), 12963- 12963.5 and 12980(c), Government Code.
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