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).
(A) Notify a supervisor and/or the head of a User
(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.
Conduct additional audits.
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.
(A) Issue a letter of censure.
(B) Temporarily suspend access to the shared gang
(C) Revoke access to the
shared gang database.
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.
retraining or recertification would prevent the violation from occurring
(4) Whether any person was harmed
by the violation.
Cal. Code Regs. Tit.
Note: Authority cited: Section
Penal Code. Reference: Section
1. New section
filed 10-22-2020; operative 10/22/2020 pursuant to Government Code section
2020, No. 43). Transmission deadline specified in Government Code
extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
specified in Government Code section
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
calendar days pursuant to Executive Order N-66-20.