Section 4910 - Complaint and Document Processing(a) If the department determines that the complaint meets the requirements of this chapter, the department may send a department communication to park management requesting documents relevant to the complaint pursuant to paragraph (2) of subdivision (f) of Health and Safety Code section 18802 and the request shall include instructions on how to create an electronic file on the department's Web site.(b) Park management, within fifteen (15) business days from the postmark or electronic transmission date of the department communication, shall provide the requested documents to the department either electronically or by USPS mail, or by other delivery service other than personal delivery.(c) In response to the document request, park management may refuse to provide any document or communication if it asserts applicable privileges pursuant to Division 8 (commencing with Section 900) of the Evidence Code. The refusal shall be accompanied by all of the following: (1) a privilege log or other detailed description of the withheld document or communication, which shall identify the nature or title of the withheld document or communication (e.g., letter, email, instant message, etc.) and include the following information: (A) the date of the document or communication;(B) the identity of the author(s);(C) the identity of the recipient(s);(D) the specific privilege claimed; and(E) the current location of the document or communication.(d)(1) If park management fails to comply with the department's request for documents, or fails to submit a privilege log that provides reasonable specificity or reasonable assertions of privilege, the department shall issue a noncompliance citation as provided in paragraph (2) of subdivision (f) of Health and Safety Code section 18802. Payment of the citation penalty shall be submitted to the department within 30 calendar days of the date of issuance of the citation.(2) Park management may appeal the citation and request an informal hearing before the director of the department or her or his designee. Any appeal to be considered shall be in writing and received by the department within 15 calendar days of the date of issuance of the citation. (A) The informal hearing shall be conducted according to the applicable administrative adjudication procedures of the Administrative Procedure Act at Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code.(B) Upon receipt of a timely appeal of the citation, the department shall suspend enforcement of the noncompliance citation.(C) If the decision rendered from the informal hearing upholds the issuance of the noncompliance citation, payment of the citation penalty shall be submitted to the department within 15 calendar days after the decision is mailed by the department to park management.(e)(1) The department shall not provide the documents it receives pursuant to this section to any person or entity other than the nonprofit legal services provider that is handling the complaint, an appropriate enforcement agency with jurisdiction if the complaint is referred to one or more of those entities, or the complainant.(2) Except as provided by subsection (e)(1), the documents provided to the department are not subject to unredacted public disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).(f) Failure of park management to comply with any request for written documents does not preclude the department from proceeding with further evaluation pursuant to this chapter.Cal. Code Regs. Tit. 25, § 4910
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 subsections (c)-(c)(1) and (d)(1)-(2) and new subsections (d)(2)(A)-(C), 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). Note: Authority cited: Sections 50402 and 50406(n), Health and Safety Code. Reference: Section 18802, 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 subsections (c)-(c)(1) and (d)(1)-(2) and new subsections (d)(2)(A)-(C), 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).