Section 7116.1 - Complaint Investigation(a) For purposes of compliance with Section 35822 of the Act, a complaint shall be deemed received on the date of the receipt by the Secretary's designee of a completed or substantially completed complaint form.(b) The Secretary's designee shall fully investigate each complaint received. Upon receipt of the complaint form the Secretary's designee shall immediately transmit a copy of the complaint or complaint form to the financial institution alleged to have violated the Act. The financial institution shall respond in writing within ten days in full and complete detail to each allegation made. In addition, the financial institution shall provide to the Secretary's designee all necessary documentation of the loan transaction in question, including but not limited to, a copy of the loan application, adverse action notice, appraisal report, and any other pertinent documents.(c) At the time the financial institution is notified of the complaint allegations, the Secretary's designee shall attempt by notifying the complainant and the financial institution to informally resolve the problem complained of.(d) If, after a full investigation, the Secretary's designee determines that the financial institution has violated the Act, the designee shall notify the financial institution and the complainant prior to the issuance of a formal decision letter of the designee's intended decision.(e) The designee shall attempt to negotiate with each party to eliminate the alleged unlawful practice.(f) If there is no elimination of the alleged unlawful practice by conference, conciliation or persuasion, the Secretary's designee shall issue a written decision stating his or her findings of fact.(g) The decision shall specify that either party may appeal the decision to the Office of Administrative Hearings within ten days from receipt of the decision and that the decision rendered is final unless appealed.Cal. Code Regs. Tit. 21, § 7116.1
Note: Authority cited: Section 35814, Health and Safety Code. Reference: Sections 35820- 35823, Health and Safety Code.