California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 12 - Administrative Review, Mediation, Fair Hearing and Discrimination Complaint Procedures
Article 1 - General Provisions and Administrative Reviews
Section 7353.5 - Administrative Review-Complainants

Universal Citation: 9 CA Code of Regs 7353.5

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) All requests for administrative review of a complaint of discrimination shall:

(1) Be made within 180 days of the date of the alleged discrimination.

(2) Be made orally or in writing to the District Administrator responsible for overseeing the local office in which the alleged discrimination occurred.

(3) Include all of the following:

(A) The name, address and telephone number of the complainant.

(B) The name and title of the person against whom the complaint is made.

(C) A description of the alleged discrimination, including pertinent dates and a statement of how the alleged discrimination relates to the complainant's sex, race, age, religious creed, color, ancestry, national origin, sexual orientation, marital status, medical condition, or physical or mental disability.

(D) The remedy the complainant wishes to have initiated.

(b) The District Administrator shall attempt to resolve the complainant's issue within 15 working days of receipt of an oral or written discrimination complaint. If the District Administrator:

(1) Can resolve the complaint, the District Administrator shall prepare a written summary of the complaint and its resolution and send a copy of the summary to all of the following:

(A) The complainant.

(B) The Assistant Deputy Director.

(2) Cannot resolve the complaint, the District Administrator shall:

(A) Prepare a written summary of the complaint, the actions taken to attempt to resolve the complaint and the reasons the complaint could not be resolved.

(B) Send a copy of the summary specified in (A) to the complainant and the Chief, Office of Civil Rights and Affirmative Action for an evaluation for prima facie evidence of discrimination and, as appropriate, informal resolution by an Equal Employment Opportunity Counselor and formal investigation, when necessary. The copy sent to the complainant shall also include both of the following:

1. Notification that the complaint has been forwarded to the Chief, Office of Civil Rights for evaluation and appropriate action.

2. A statement of the complainant's right to file a complaint with the U.S. Department of Education, Office for Civil Rights.

1. New section filed 7-6-94; operative 8-5-94 (Register 94, No. 27).

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 28 CFR 35.107; and 34 CFR 100.6 and 104.7.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.