Cal. Code Regs. Tit. 11, § 755.4 - A Node Agency or User Agency's Discretion to Perform Self-Audits

(a) At its discretion, a Node Agency or User Agency may audit its own records and shall report the results to the Department in writing within 30 calendar days of the date each audit is concluded.

(b) A Node Agency or User Agency that created a record or entered subsequent criteria for a person in the CalGang database shall delete the entry or entries it created if:

(1) During self-auditing the Node Agency or User Agency finds that the supporting documents are missing or incomplete.

(2) The Node Agency or User Agency finds that the record is not in compliance with these regulations.

(3) Intelligence was obtained in violation of applicable federal, state, or local law, policy, or ordinance.

(c) At its discretion, a Node Agency or User Agency that created a record or entered subsequent criteria for a person in the CalGang database may delete the entry or entries it created for any other reason than those stated in subdivision (b) as long as it is substantiated.

(d) At least ten calendar days prior to deleting a record or an entry created by the deleting Node Agency or User Agency, the deleting Node Agency or User Agency shall communicate in writing with other Node Agencies or User Agencies that have entered additional information to support that record or entry in the CalGang database. The written communication shall identify the record or entry the deleting Node Agency or User Agency seeks to delete, the reason for its deletion, and the date it anticipates deleting the record or entry.

Notes

Cal. Code Regs. Tit. 11, § 755.4

1. New article 10 (sections 755.4-756.1) and section filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 43). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. 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-66-20.

Note: Authority cited: Section 186.36, Penal Code. Reference: Sections 186.34 and 186.36, Penal Code.

1. New article 10 (sections 755.4-756.1) and section filed 10-22-2020; operative 10/22/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 43). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. 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-66-20.