Cal. Code Regs. Tit. 11, § 776.6 - Enforcement of these Regulations

(a) The Department is responsible for overseeing system discipline and conformity with these regulations. If a User or User Agency violates any law governing shared gang databases, including these regulations, the Department shall take, or instruct the System Administrator to take, one or more of the corrective actions set forth in subdivision (a)(1), and may take, or instruct the System Administrator to take, any or all of the additional actions set forth in subdivision (a)(2).

(1) Corrective actions:

(A) Notify a supervisor and/or the head of a User Agency.

(B) Suspend access to the shared gang database pending retraining and/or passing a recertification exam.

(C) Subject the User Agency to a moratorium pending a review by the Department and/or System Administrator that ensures the issue has been adequately addressed.

(D) Conduct additional audits.

(E) Suspend or revoke the access of a User Agency to a shared gang database if a User or Users of the User Agency are found to be misusing the shared gang database or data contained therein on multiple occasions.

(2) Additional actions:

(A) Issue a letter of censure.

(B) Temporarily suspend access to the shared gang database.

(C) Revoke access to the shared gang database.

(b) The Department shall, at a minimum, consider the following circumstances when determining which actions in subdivision (a) will be taken by the Department, or System Administrator as instructed by the Department:

(1) Whether the violation was purposeful, accidental, or due to negligence by the User or User Agency.

(2) Whether the violation is the first violation by the User or User Agency.

(3) Whether retraining or recertification would prevent the violation from occurring again.

(4) Whether any person was harmed by the violation.

Notes

Cal. Code Regs. Tit. 11, § 776.6

Note: Authority cited: Section 186.36, Penal Code. Reference: Section 186.36, Penal Code.

1. New 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.