Cal. Code Regs. Tit. 10, § 1620.08 - Complaint Processes and Procedures

(a) Every program administrator shall develop and implement policies and procedures for responding to questions and addressing complaints in compliance with this section. The procedures shall include a complaint process under which a property owner may submit a complaint to the program administrator and receive a final decision.

(1) The complaint process shall provide for the consideration, and as applicable, investigation of the issues raised in the complaint, and the final decision of property owner complaints.

(2)

(A) "Final decision" means that after due consideration and investigation, as necessary, of the issues raised in the complaint, the program administrator has reached a final conclusion on the subjects of the complaint and any request contained therein and has notified the property owner. This definition does not restrict in any way a property owner's right or ability to continue to pursue a complaint through any means available under law.

(B) "Final decision" includes the decision by a program administrator, after consideration and investigation, that the program administrator will take no further action on a complaint, and the communication of this decision to the property owner.

(C) "Final decision" includes the closure of a complaint when neither a complainant nor the authorized agent of a complainant responds to communications from the program administrator after at least two attempts to contact the complainant by the program administrator and not less than 30 days of noncommunication from the complainant between the final contact attempt and the notice of closure of the complaint. A closure of a complaint as a result of abandonment as described in this subparagraph shall be communicated to the complainant in the manner described in subdivision (e).

(3)

(A) Inquiries, questions, requests, criticisms, and correspondence not constituting a complaint requiring resolution need not be included within the complaint process. Inquiries, questions, requests, criticisms, correspondence, and complaints regarding a matter in an active lawsuit against a program administrator need not be included in the complaint process, provided the lawsuit has been filed. For purposes of this subparagraph, retaining counsel does not equate to filing a lawsuit.

(B) If a program administrator determines that a property owner is making an inquiry, question, request or criticism and not submitting a complaint, the program administrator must respond to the inquiry, question, request or criticism as soon as practicable in accordance with Financial Code section 22683.

(C) A response to an inquiry, question, request, or criticism received by telephone or email should ordinarily not take longer than one working day for information readily available to the program administrator, but may require addition time for research or coordination with other parties. If the response will take longer than one day, the program administrator shall notify the property owner within 24 hours or one working day.

(D) If the response to an inquiry, question, request, or criticism involves a decision by the program administrator about how to respond to factual allegations of a mistake or wrongdoing related to the PACE financing, then the matter is a complaint subject to subdivision (b).

(4) A complainant may authorize a representative to represent the complainant in communications with the program administrator throughout the complaint process. All of the obligations towards a complainant in this rule shall be applicable to a representative of the complainant.

(b) The complaint initiation process shall include the following characteristics.

(1) The complaint process shall include a procedure to provide a property owner with notice of how to contact the program administrator with a complaint.

(A) The notice must be in a form that may be maintained physically or electronically by the property owner. The information provided in the Financing Estimate and Disclosure document under Streets and Highways Code section 5898.17 complies with this requirement if the program administrator's telephone number and customer service email address are provided in the form and the form may be maintained physically or electronically by the property owner.

(B) The information regarding how to submit a complaint must be maintained on the program administrator's website. The website shall include both the toll-free telephone number and the customer service email address required by the Financing Estimate and Disclosure form under Streets and Highways Code section 5898.17. The website shall include the notice from the Financing Estimate and Disclosure form that the property owner will receive a response within 24 hours or one business day.

(C) The methods to contact the program administrator must be reasonable and available to property owners who do not have access to the Internet or electronic communication. The methods shall include a toll-free telephone number and a customer service email, and may include postal mail, electronic submission, and other methods intended to make the complaint process widely accessible to property owners.

(2) The program administrator shall provide the property owner with acknowledgment of receipt of a complaint received by email or telephone within 24 hours or one business day of receiving the complaint. The program administrator shall provide the property owner with acknowledgment of receipt of a complaint received by postal mail within three business days.

(A) If the complaint is received by email or postal mail, the acknowledgment shall be in writing. The written acknowledgment may be through email if the property owner submits the complaint through email or the property owner agrees on or after the submission of the complaint to communicate through email.

(B) If the complaint is received by telephone, the confirmation may be oral and the program administrator shall provide the property owner with a way to identify the property owner's complaint in subsequent correspondence, such as a tracking number, if the complaint is not resolved during the conversation.

(C) The acknowledgment may be combined with the resolution of the complaint if the complaint can be resolved within the time period for the acknowledgment.

(3) The program administrator shall make the complaint process available to a complainant in the language used to communicate during the oral confirmation under subdivision (d) of Streets and Highways Code section 5913, the language of the assessment contract, and, if supported by the program administrator, the property owner's preferred language.

(c) The complaint process shall include a procedure for communicating with a property owner regarding the status of the complaint.

(1) If a complainant contacts the program administrator, including through the toll-free telephone number or customer service email address, for a status update, the program administrator shall ordinarily respond to the complainant within three business days.

(d) The complaint process shall include a procedure for tracking open and closed complaints.

(1) The procedure must include a process for recording the status of a complaint.

(A) The tracking shall be in a format that is accessible to the Department upon request.

(2) The complaint process shall include target dates for actions and resolution.

(A) The investigation of a complaint should ordinarily not require more than thirty days.

(B) If additional time is needed, the program administrator shall advise the complainant.

(C) If after an additional 15 days the program administrator has not issued a final decision, the program administrator shall provide the complainant with a written update on the status of the complaint and an estimate of the additional time needed to complete the investigation and issue a final decision, which shall not be more than 15 additional days except in an extraordinary circumstance, and include contact information for the Department of Financial Protection and Innovation at (866) 275-2677 or online at dfpi.ca.gov.

(3) The complaint process shall include a procedure for identifying and prioritizing complaints not resolved in thirty days.

(4) The complaint process shall include a procedure for the expedited review of complaints involving (1) a third-party lender or servicer who has advanced payments for property taxes on behalf of a property owner; (2) the risk of foreclosure or loss of possession of real property; or (3) other financial hardship.

(A) The expedited review process shall provide a property owner with the option of speaking with a live representative, which may be a representative accessible through the customer service toll-free telephone number.

(B) The investigation of a complaint in an expedited review process should ordinarily be conducted in a week. If additional time is needed, the program administrator shall advise the complainant.

(5) The tracking of complaints shall include the tracking of whether the complainant has authorized a third party to assist or represent the complainant.

(e) The program administrator shall notify the property owner upon a final decision and a closing of the complaint.

(1) The program administrator shall correct errors identified during the review of the complaint that occurred in the making of the assessment contract or the administering of the PACE assessment. This paragraph shall not be applicable for any error made by the property owner that was not the result of fraud or forgery.

(A) If the program administrator determines an error occurred in the making of the assessment contract or the administering of the PACE assessment as provided in paragraph (1), the program administrator shall correct the error and notify the complainant of the correction, the effective date of the correction, and the contact information for further assistance.

(B) If after considering the complaint and conducting an investigation, as necessary, the program administrator concludes no error occurred with respect to the making of the assessment contract or the administering of the PACE assessment, the program administrator shall notify the complainant of its final decision, the reasons for the decision, and the contact information for further assistance or to seek reconsideration of the complaint.

(C)

1. The program administrator shall maintain a process where a property owner may request the reconsideration of a final decision in a complaint.

2. The reconsideration shall not be conducted by the same person who issued the final decision, and the person reconsidering the complaint must have authority to reverse the final decision.

(2) If the complaint was received by telephone, the program administrator may notify the complainant of the final decision and closure of the complaint by telephone and the program administrator shall offer to provide the final decision in writing.

(A) If the final decision of the complaint results in changes to the PACE assessment, the program administrator shall confirm the details of the changes in writing, regardless of whether the complaint was received by telephone. The written notice may be by email if the complainant has corresponded with the program administrator by email or the complainant confirms after the submission of the complaint that the complainant can receive communications sent by email.

(B) If the allegations in the complaint involved fraud or forgery, the final decision shall be in writing notwithstanding paragraph (2).

(C) If the complaint is closed by telephone, the program administrator shall inform complainants that if they have any concerns regarding their complaint, they may contact the Department of Financial Protection and Innovation at (866) 275-2677 or online at dfpi.ca.gov. The program administrator shall also provide the information in subparagraph (e)(1)(B), if required by that subdivision.

(3) If the complaint was received in writing by email or postal mail, the program administrator shall notify the complainant of the final decision and the closing of the complaint in writing.

(A) If the final decision of the complaint results in changes to the PACE assessment, the program administrator shall confirm the details of the changes in writing to the complainant.

(B) The written notification of the final decision and closure of a complaint shall include the following: "If you have any concerns regarding your complaint, you may contact the Department of Financial Protection and Innovation at (866) 275-2677 or online at dfpi.ca.gov." The program administrator shall also provide the information in subsection (e)(1)(B), if required by that subdivision.

(4) For purposes of this subdivision, "error" means a mistake; the state of being wrong in conduct or judgment.

Notes

Cal. Code Regs. Tit. 10, § 1620.08

Note: Authority cited: Section 22150, Financial Code. Reference: Section 22683, Financial Code; and Section 5898.17, Streets and Highways Code.

1. New section filed 8-5-2021; operative 10-1-2021 (Register 2021, No. 32). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.