California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 6 - California Financing Law › Article 15 - Pace Program Administrators › Section 1620.08 - Complaint Processes and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.