Section 4914 - Referral to Nonprofit Legal Services Provider(a) After review of all pertinent information related to the complaint and a determination that the complaint still meets the requirements of Section 4908, the department may refer the matter to a nonprofit legal services provider or to an appropriate enforcement agency with jurisdiction. The department shall provide a department communication to both the complainant and park management as to the nature of and basis for such referral.(b) If the department retains the complaint, it shall provide a department communication to both the complainant and park management explaining the reasons for the complaint's retention. The bases for retention may include, but are not limited to, the department's intent to aggregate it with similar complaints pursuant to Section 4918; the need for further review to determine eligibility; or insufficient funding or temporary insufficient capacity of nonprofit legal services providers.(c) If the department determines that the complaint should not be further processed by the MRLPP, the department shall provide a department communication to both the complainant and park management explaining the reasons for no further action by the department and shall provide referrals to alternative resources that may assist the complainant in pursuing remedies for the alleged violations.(d)(1) If the complaint is referred to a nonprofit legal services provider, the department shall provide that nonprofit legal services provider with access to the complaint form and all relevant documents.(2) The nonprofit legal services provider shall contact the complainant and perform an intake interview to determine, at the discretion of the nonprofit legal services provider and consistent with the requirements of its contract with the department, whether the complainant is eligible for legal services pursuant to this chapter and the nonprofit legal services provider contract.(3) The nonprofit legal services provider may decline the case if its contract is about to expire, there is insufficient funding, or as otherwise allowed by the department contract. If the nonprofit legal services provider does not accept the case, it shall provide a written communication to the complainant and the department explaining the reason(s) for not accepting the case.(4) Upon accepting the case, the nonprofit legal services provider shall further interview the complainant, and thereafter, as appropriate, provide legal advice or other assistance, including, but not limited to, an additional referral, conferring with park management, and initiating judicial or administrative actions to resolve the complaint. If the nonprofit legal services provider determines at any point after the acceptance of the case that no further legal assistance or action is necessary or appropriate, it shall provide a written communication to the complainant and the department explaining its reasons for no further action, and it shall provide the complainant with referrals to alternative resources to assist the complainant in pursuing remedies for the alleged violations.Cal. Code Regs. Tit. 25, § 4914
Note: Authority cited: Sections 50402 and 50406(n), Health and Safety Code. Reference: Sections 18802 and 18803, Health and Safety Code.
Note: Authority cited: Sections 50402 and 50406(n), Health and Safety Code. Reference: Sections 18802 and 18803, 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 transmitted to OAL 3-24-2021 and filed 5/6/2021 (Register 2021, No. 19).
4. Change without regulatory effect repealing subsection (a) and relettering subsections filed 6-10-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 24).