Section 14052 - Mandatory Remedial Action(a) Whenever a state agency has reasonable cause to believe that a covered entity or entities have violated the Fair Employment and Housing Act, Government Code section 12900et seq., Civil Code section 51, 51.5, 51.7, 54, 54.1 or 54.2, Article 9.5, this subchapter, or other implementing regulations, the head of the state agency or their designee shall notify the covered entity or entities of such violation and shall submit a complaint detailing the alleged violations to the Department for investigation and determination according to Government Code section 11136.(b) The Department retains discretion to refer complaints concerning violations to, or back to, the state agency responsible for the program or activity for investigation and possible resolution. Nothing in this subsection shall preclude an aggrieved person from proceeding under section 14050 (Private Right of Action).(c) If a recipient or recipients are found to have violated the Fair Employment and Housing Act, Government Code section 12900et seq., Civil Code section 51, 51.5, 51.7, 54, 54.1 or 54.2, the Act, this subchapter, or other implementing regulations, the state or responsible state agency that administers the program or activity involved, in addition to remedies provided by other laws and actions directed by a Court, shall take one or more of the following actions: (1) termination of all or part of the recipient's state support;(2) suspension of all or part of the recipient's state support;(3) debarment from, or otherwise making the recipient ineligible for, future state support for a specified period of time or until specified remedial actions are taken by the recipient;(4) probationary eligibility for future state support, or making future state support conditional upon compliance with specified conditions; or(5) placing conditions upon the continuation of present state support.(d) Where a recipient is found to have violated the Fair Employment and Housing Act, Government Code section 12900et seq., Civil Code section 51, 51.5, 51.7, 54, 54.1 or 54.2, Article 9.5, this subchapter, or other implementing regulations and where another recipient exercises control over such recipient, either or both recipients shall be required to take such remedial action as deemed appropriate by the state or responsible State agency or a court.Cal. Code Regs. Tit. 2, § 14052
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 11135, 11136, 11137 and 11139, Government Code.
1. Renumbering of section 11157 to new section 14052, including amendment of section and NOTE, filed 3-19-2024; operative 7/1/2024 (Register 2024, No. 12).