Section 4908 - Secondary Review of Complaint(a) A secondary review shall be conducted of complaints that are retained pursuant to paragraph (7) of subsection (b) of Section 4906. This secondary review is to establish eligibility for further MRLPP assistance, which may include referral to a nonprofit legal services provider.(b) If additional information is needed to complete the secondary review, the department shall send a department communication to the complainant requesting submission of additional information within fifteen (15) business days of the postmark or electronic transmission date of the department communication. If the complainant does not timely provide the requested information, the department shall close the complaint and notify the complainant of the closure with a department communication. However, the complainant may submit a new complaint about the same issue(s) at a future date if it does not exceed the time limitations in subsection (a) of Section 4906.(c) The department shall consider the capacity of the nonprofit legal services providers to provide legal assistance.(d) If the complaint is determined to be ineligible for further MRLPP assistance and is rejected, the department shall promptly provide a department communication to the complainant, which shall explain the reason(s) for the rejection and suggest alternate resources to assist the complainant with further pursuit of remedies for the alleged violations.Cal. Code Regs. Tit. 25, § 4908
Note: Authority cited: Sections 50402 and 50406(n), Health and Safety Code. Reference: Sections 18802 and 18804, Health and Safety Code.
Note: Authority cited: Sections 50402 and 50406(n), Health and Safety Code. Reference: Sections 18802 and 18804, Health and Safety Code.
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 A Certificate of Compliance must be transmitted to OAL by 4-23-2021 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 11-19-2021 or emergency language will be repealed by operation of law on the following day.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, including amendment of subsection (e)(1), transmitted to OAL 3-24-2021 and filed 5-6-2021; amendments operative 5/6/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 19).
4. Change without regulatory effect repealing subsections (c)-(e)(2) and adopting new subsections (c)-(d) filed 6-10-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 24).