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 3 - Discrimination Resolutions by the Office of Civil Rights and Affirmative Action
Section 7367 - Settlements and Dismissals

Universal Citation: 9 CA Code of Regs 7367

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

(a) Notwithstanding anything in this Chapter, the Department may continue to negotiate a settlement until such time as the Report on Findings and the proposed decision have been forwarded to the Chief Deputy Director.

(b) In addition to the dismissals pursuant to Section 7363(b), the Chief, Office of Civil Rights and Affirmative Action may dismiss a formal complaint under any of the following circumstances:

(1) The complainant fails to provide requested necessary information or to be available for interviews or conferences or otherwise refuses to cooperate to the extent that the Chief, Office of Civil Rights and Affirmative Action is unable to resolve the complaint. Prior to the dismissal, the Chief shall provide the complainant with written notification affording the complainant 20 working days in which to respond.

(2) The complainant cannot be located after reasonable efforts have been made and the complainant has not responded within 20 working days to a notice sent by the Chief to the complainant's last known address.

(3) The complainant fails to respond to or refuses an offer within 30 days of a written notice sent by the Chief, Office of Civil Rights and Affirmative Action that contains a settlement offer that is specific in its terms and would afford full relief for the alleged complaint of discrimination as specified in Section 7353.5(a)(3)(D).

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: 34 CFR 104.7, 140.51 and 140.61; and Section 19751(w), Government Code.

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