Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Every program administrator shall develop
and implement policies and procedures for responding to questions and
addressing complaints in compliance with this section. The procedures shall
include a complaint process under which a property owner may submit a complaint
to the program administrator and receive a final decision.
(1) The complaint process shall provide for
the consideration, and as applicable, investigation of the issues raised in the
complaint, and the final decision of property owner complaints.
(2)
(A)
"Final decision" means that after due consideration and investigation, as
necessary, of the issues raised in the complaint, the program administrator has
reached a final conclusion on the subjects of the complaint and any request
contained therein and has notified the property owner. This definition does not
restrict in any way a property owner's right or ability to continue to pursue a
complaint through any means available under law.
(B) "Final decision" includes the decision by
a program administrator, after consideration and investigation, that the
program administrator will take no further action on a complaint, and the
communication of this decision to the property owner.
(C) "Final decision" includes the closure of
a complaint when neither a complainant nor the authorized agent of a
complainant responds to communications from the program administrator after at
least two attempts to contact the complainant by the program administrator and
not less than 30 days of noncommunication from the complainant between the
final contact attempt and the notice of closure of the complaint. A closure of
a complaint as a result of abandonment as described in this subparagraph shall
be communicated to the complainant in the manner described in subdivision
(e).
(3)
(A) Inquiries, questions, requests,
criticisms, and correspondence not constituting a complaint requiring
resolution need not be included within the complaint process. Inquiries,
questions, requests, criticisms, correspondence, and complaints regarding a
matter in an active lawsuit against a program administrator need not be
included in the complaint process, provided the lawsuit has been filed. For
purposes of this subparagraph, retaining counsel does not equate to filing a
lawsuit.
(B) If a program
administrator determines that a property owner is making an inquiry, question,
request or criticism and not submitting a complaint, the program administrator
must respond to the inquiry, question, request or criticism as soon as
practicable in accordance with Financial Code section
22683.
(C) A response to an inquiry, question,
request, or criticism received by telephone or email should ordinarily not take
longer than one working day for information readily available to the program
administrator, but may require addition time for research or coordination with
other parties. If the response will take longer than one day, the program
administrator shall notify the property owner within 24 hours or one working
day.
(D) If the response to an
inquiry, question, request, or criticism involves a decision by the program
administrator about how to respond to factual allegations of a mistake or
wrongdoing related to the PACE financing, then the matter is a complaint
subject to subdivision (b).
(4) A complainant may authorize a
representative to represent the complainant in communications with the program
administrator throughout the complaint process. All of the obligations towards
a complainant in this rule shall be applicable to a representative of the
complainant.
(b) The
complaint initiation process shall include the following characteristics.
(1) The complaint process shall include a
procedure to provide a property owner with notice of how to contact the program
administrator with a complaint.
(A) The
notice must be in a form that may be maintained physically or electronically by
the property owner. The information provided in the Financing Estimate and
Disclosure document under Streets and Highways Code section
5898.17
complies with this requirement if the program administrator's telephone number
and customer service email address are provided in the form and the form may be
maintained physically or electronically by the property owner.
(B) The information regarding how to submit a
complaint must be maintained on the program administrator's website. The
website shall include both the toll-free telephone number and the customer
service email address required by the Financing Estimate and Disclosure form
under Streets and Highways Code section
5898.17.
The website shall include the notice from the Financing Estimate and Disclosure
form that the property owner will receive a response within 24 hours or one
business day.
(C) The methods to
contact the program administrator must be reasonable and available to property
owners who do not have access to the Internet or electronic communication. The
methods shall include a toll-free telephone number and a customer service
email, and may include postal mail, electronic submission, and other methods
intended to make the complaint process widely accessible to property
owners.
(2) The program
administrator shall provide the property owner with acknowledgment of receipt
of a complaint received by email or telephone within 24 hours or one business
day of receiving the complaint. The program administrator shall provide the
property owner with acknowledgment of receipt of a complaint received by postal
mail within three business days.
(A) If the
complaint is received by email or postal mail, the acknowledgment shall be in
writing. The written acknowledgment may be through email if the property owner
submits the complaint through email or the property owner agrees on or after
the submission of the complaint to communicate through email.
(B) If the complaint is received by
telephone, the confirmation may be oral and the program administrator shall
provide the property owner with a way to identify the property owner's
complaint in subsequent correspondence, such as a tracking number, if the
complaint is not resolved during the conversation.
(C) The acknowledgment may be combined with
the resolution of the complaint if the complaint can be resolved within the
time period for the acknowledgment.
(3) The program administrator shall make the
complaint process available to a complainant in the language used to
communicate during the oral confirmation under subdivision (d) of Streets and
Highways Code section
5913,
the language of the assessment contract, and, if supported by the program
administrator, the property owner's preferred language.
(c) The complaint process shall include a
procedure for communicating with a property owner regarding the status of the
complaint.
(1) If a complainant contacts the
program administrator, including through the toll-free telephone number or
customer service email address, for a status update, the program administrator
shall ordinarily respond to the complainant within three business
days.
(d) The complaint
process shall include a procedure for tracking open and closed complaints.
(1) The procedure must include a process for
recording the status of a complaint.
(A) The
tracking shall be in a format that is accessible to the Department upon
request.
(2) The
complaint process shall include target dates for actions and resolution.
(A) The investigation of a complaint should
ordinarily not require more than thirty days.
(B) If additional time is needed, the program
administrator shall advise the complainant.
(C) If after an additional 15 days the
program administrator has not issued a final decision, the program
administrator shall provide the complainant with a written update on the status
of the complaint and an estimate of the additional time needed to complete the
investigation and issue a final decision, which shall not be more than 15
additional days except in an extraordinary circumstance, and include contact
information for the Department of Financial Protection and Innovation at (866)
275-2677 or online at dfpi.ca.gov.
(3) The complaint process shall include a
procedure for identifying and prioritizing complaints not resolved in thirty
days.
(4) The complaint process
shall include a procedure for the expedited review of complaints involving (1)
a third-party lender or servicer who has advanced payments for property taxes
on behalf of a property owner; (2) the risk of foreclosure or loss of
possession of real property; or (3) other financial hardship.
(A) The expedited review process shall
provide a property owner with the option of speaking with a live
representative, which may be a representative accessible through the customer
service toll-free telephone number.
(B) The investigation of a complaint in an
expedited review process should ordinarily be conducted in a week. If
additional time is needed, the program administrator shall advise the
complainant.
(5) The
tracking of complaints shall include the tracking of whether the complainant
has authorized a third party to assist or represent the
complainant.
(e) The
program administrator shall notify the property owner upon a final decision and
a closing of the complaint.
(1) The program
administrator shall correct errors identified during the review of the
complaint that occurred in the making of the assessment contract or the
administering of the PACE assessment. This paragraph shall not be applicable
for any error made by the property owner that was not the result of fraud or
forgery.
(A) If the program administrator
determines an error occurred in the making of the assessment contract or the
administering of the PACE assessment as provided in paragraph (1), the program
administrator shall correct the error and notify the complainant of the
correction, the effective date of the correction, and the contact information
for further assistance.
(B) If
after considering the complaint and conducting an investigation, as necessary,
the program administrator concludes no error occurred with respect to the
making of the assessment contract or the administering of the PACE assessment,
the program administrator shall notify the complainant of its final decision,
the reasons for the decision, and the contact information for further
assistance or to seek reconsideration of the complaint.
(C)
1. The
program administrator shall maintain a process where a property owner may
request the reconsideration of a final decision in a complaint.
2. The reconsideration shall not be conducted
by the same person who issued the final decision, and the person reconsidering
the complaint must have authority to reverse the final
decision.
(2)
If the complaint was received by telephone, the program administrator may
notify the complainant of the final decision and closure of the complaint by
telephone and the program administrator shall offer to provide the final
decision in writing.
(A) If the final
decision of the complaint results in changes to the PACE assessment, the
program administrator shall confirm the details of the changes in writing,
regardless of whether the complaint was received by telephone. The written
notice may be by email if the complainant has corresponded with the program
administrator by email or the complainant confirms after the submission of the
complaint that the complainant can receive communications sent by
email.
(B) If the allegations in
the complaint involved fraud or forgery, the final decision shall be in writing
notwithstanding paragraph (2).
(C)
If the complaint is closed by telephone, the program administrator shall inform
complainants that if they have any concerns regarding their complaint, they may
contact the Department of Financial Protection and Innovation at (866) 275-2677
or online at dfpi.ca.gov. The program administrator shall also provide the
information in subparagraph (e)(1)(B), if required by that
subdivision.
(3) If the
complaint was received in writing by email or postal mail, the program
administrator shall notify the complainant of the final decision and the
closing of the complaint in writing.
(A) If
the final decision of the complaint results in changes to the PACE assessment,
the program administrator shall confirm the details of the changes in writing
to the complainant.
(B) The written
notification of the final decision and closure of a complaint shall include the
following: "If you have any concerns regarding your complaint, you may contact
the Department of Financial Protection and Innovation at (866) 275-2677 or
online at dfpi.ca.gov." The program administrator shall also provide the
information in subsection (e)(1)(B), if required by that
subdivision.
(4) For
purposes of this subdivision, "error" means a mistake; the state of being wrong
in conduct or judgment.
1. New
section filed 8-5-2021; operative 10-1-2021 (Register 2021, No. 32).
Transmission deadline specified in Government Code section
11346.4(b)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified
in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.
Note: Authority cited: Section
22150,
Financial Code. Reference: Section
22683,
Financial Code; and Section
5898.17,
Streets and Highways Code.