Section 120103 - Complaint Investigation(a) Each local child support agency shall assign a complaint investigator to investigate the complaint. A complaint investigator shall not be the individual whose action or inaction is the subject of a complaint.(b) The complaint investigator shall within five business days of the complaint receipt date, determine the jurisdictional authority of the local child support agency to resolve the complaint. The local child support agency that acted or failed to act shall have jurisdictional authority. (1) If the subject of the complaint is outside the jurisdiction of the child support program or is one of the issues enumerated in Section 120101(a), the local child support agency shall notify the complainant by mailing the notice required by Section 120105 immediately, but in no event more than 30 days after the complaint receipt date. To the extent possible, the local child support agency shall refer the complainant to the appropriate agency for complaint resolution.(2) If the proper jurisdiction for the complaint is a local child support agency in another county, the local child support agency shall transfer the complaint pursuant to Section 120104, and notify the complainant by mailing the notice required by Section 120104 within five business days of transferring the complaint.(3) If the subject of the complaint is within the jurisdiction of the child support program and the local child support agency, but the local child support agency believes the complaint is not eligible for complaint resolution because it was filed untimely pursuant to Section 120101(b), the local child support agency shall notify the complainant by mailing the notice required by Section 120105 within 30 days of the complaint receipt date. This subparagraph shall not be interpreted to prohibit the local child support agency from trying to assist the complainant to resolve the complaint or other outstanding issues that are not subject to the local complaint resolution process.(c) The complaint investigator shall discuss and clarify the basis of the complaint with the complainant. The complaint investigator shall attempt to resolve the complaint to the satisfaction of the complainant.(1) If the nature of the complaint is substantively modified based on the complaint investigator's discussion with the complainant, the local child support agency shall document the new complaint information on a "Complaint Amendment," LCR003, dated (10/01), incorporated by reference herein, and mail the "Complaint Amendment," LCR003, to the complainant no later than five business days after the complaint investigator's discussion with the complainant. The requirements of Section 120105 shall continue to apply based on the original complaint receipt date.(2) If the complaint is resolved to the satisfaction of the complainant, the local child support agency shall mail a written notice of complaint resolution pursuant to Section 120105.(3) If the complaint is not resolved to the satisfaction of the complainant after the discussion between the complaint investigator and the complainant, and further investigation is necessary, the complaint investigator shall do the following, as appropriate: (A) Obtain pertinent case information regarding the subject of the complaint from the case worker(s) responsible for the action or inaction complained of, the Department, and/or other agency.(B) Obtain additional information or documents from any appropriate source necessary for prompt resolution of the complaint.(C) Determine the local child support agency and/or Department action required to resolve the complaint, if any. The local child support agency and/or Department shall complete the required action within statutory time frames. In the absence of statutory time frames, the local child support agency and/or Department shall complete the required action within 30 days after the complaint receipt date.(D) Determine the action required by a third party or other agency, if any, to resolve the complaint. 1. The local child support agency shall inform such third party or other agency in writing of the action required to resolve the complaint, and facilitate the resolution of the complaint with such third party or other agency until the requested action is completed.2. The local child support agency shall inform the complainant pursuant to Section 120105 of the action(s) required by the complainant to resolve the complaint.(E) Prepare the written notice of complaint resolution pursuant to Section 120105.Cal. Code Regs. Tit. 22, § 120103
1. New section filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26). Pursuant to Family Code section 17306(e)(2), a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001, No. 51). Pursuant to Family Code section 17306(e)(2), a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-18-2001 order, including amendment of section, transmitted to OAL 6-11-2002 and filed 7-24-2002 (Register 2002, No. 30).
4. Amendment of subsections (a)-(b), (b)(2), (c)(1), (c)(3)(A) and (c)(3)(C) and amendment of NOTE filed 11-30-2021; operative 6-1-2022 (Register 2021, No. 49). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20. Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: Section 17800, Family Code.
1. New section filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26). Pursuant to Family Code section 17306(e)(2), a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001, No. 51). Pursuant to Family Code section 17306(e)(2), a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-18-2001 order, including amendment of section, transmitted to OAL 6-11-2002 and filed 7-24-2002 (Register 2002, No. 30).
4. Amendment of subsections (a)-(b), (b)(2), (c)(1), (c)(3)(A) and (c)(3)(C) and amendment of Note filed 11-30-2021; operative 6/1/2022 (Register 2021, No. 49). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.