Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
(1) If the complaint satisfies subsections (c) and (d) of Section 4908, the department shall prepare the complaint for referral to a nonprofit legal services provider.
(2)
(A) If the complaint does not satisfy subsections (c) and (d) of Section 4908, the department shall provide a department communication explaining the reasons for either:
1. referring the complaint to the Mobilehome Assistance Center or to the appropriate enforcement agency; or
2. closing the complaint.
(b) Prior to the complaint's referral to a nonprofit legal services provider, the department shall do the following:
(1) Send a department communication to the complainant and the park management, or their respective designees, which specifies:
(A) the alleged violation(s) of the Mobilehome Residency Law;
(B) the parties' obligation to negotiate in good faith to resolve the complaint within twenty-five (25) calendar days of the postmark or electronic transmission date of the department communication;
(C) that the parties' communication(s) may be in person, or by telephone, electronic mail, or standard mail;
(D) that the parties may have representatives assisting them during the good faith negotiation efforts;
(E) that only good faith efforts, not actual resolution(s), are required to comply with this section; and
(F) that the parties must submit a response to the department's written inquiry, as described in subsection (c), within ten (10) business days of the postmark or electronic transmission date of the department's written inquiry.
(c) The department shall provide a written inquiry to the parties within ten (10) business days after the conclusion of the 25-day negotiation period described in subsection (b)(1)(B) of this section. The written inquiry shall inquire whether the parties have resolved the matter within the 25-day negotiation period and further advise the parties that their response to the written inquiry must be received by the department within ten (10) business days from the postmark or electronic transmission date of the department's written inquiry. The department shall provide a complaint resolution form, along with the written inquiry, for completion and submission by the complainant.
(1) The parties may submit their response to the department's written inquiry either on the complaint resolution form included in the department's written inquiry or in any other writing. The parties may submit a response to the department's written inquiry separately or together, so long as each response is signed and dated by each party's signatory with authority. Each response to the department's written inquiry shall be submitted either electronically or by USPS mail to the department. Each response to the department's written inquiry, regardless of form, must include the following information:
(A) the names of all parties to the negotiation;
(B) the contact information, including the telephone number, e-mail address (if any), and mailing address, of the person or persons submitting the response to the department's written inquiry; and
(C) a brief summary and explanation of the outcome of the parties' negotiation.
(2) If the department receives a timely response to the written inquiry from either party indicating that the matter is not resolved, the department shall then process the complaint pursuant to Section 4914 and provide an appropriate department communication.
(3) If the department receives a timely response to the written inquiry from both parties indicating that the matter is resolved, the department shall close the complaint and provide an appropriate department communication.
(4) If the department receives a timely response to the written inquiry from the complainant indicating that the matter is resolved, the department shall close the complaint and provide an appropriate department communication.
(5) If the department does not receive a timely response to the written inquiry from either party, the department shall close the complaint and provide an appropriate department communication.
1. New section filed 6-25-2020 as an emergency; operative 6-25-2020 (Register 2020, No. 26). Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 4-23-2021 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-22-2021 as an emergency; operative 4-22-2021 (Register 2021, No. 17). Expiration date of emergency action extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 11-19-2021 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-22-2021 order transmitted to OAL 3-24-2021 and filed 5-6-2021 (Register 2021, No. 19).
Note: Authority cited: Sections 50402 and 50406(n), Health and Safety Code. Reference: Section 18802, Health and Safety Code.
