California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 9 - Audits and Oversight › Section 999.223 - Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A County Recorder
				  may request reconsideration of a suspension or termination of a system
				  certification. The County Recorder shall submit a written request to the ERDS
				  Program within thirty (30) days of the notification stating justification for the
				  reconsideration. The County Recorder may not operate the ERDS until the ERDS Program
				  has made a determination on the request for reconsideration.
(b) The ERDS Program shall submit a written
				  determination on the request for reconsideration to the County Recorder within
				  thirty (30) days of receiving the request. A copy of the determination shall be
				  provided to the Board of Supervisors, the Attorney General, and the District
				  Attorney.
(c) If an ERDS system
				  certification has been suspended or terminated because of vulnerabilities, the
				  County Recorder shall provide a modified system incident audit report to the ERDS
				  Program before it may resume ERDS operation. Vulnerabilities include unsatisfactory
				  audit findings by a Computer Security Auditor and/or reported incidents that have
				  been determined to compromise the security of an ERDS.
(d) Reinstatement of an ERDS system certification
				  that has been suspended or terminated because of non-compliance with administrative
				  requirements shall be dependent, at the discretion of the ERDS Program, upon the
				  County Recorder's response and correction action to the reason(s) for suspension or
				  termination. For purposes of this section, administrative requirements include
				  failure to respond to a notice of corrective action for a non-compliance issues as a
				  result of local inspection, failure to comply with the audit and local inspection
				  schedule, non-payment of a County's proportionate cost of the system administration
				  fee, non-compliance with the Statement of Understanding form #ERDS 0011, and/or good
				  cause.
1. New section
					 filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2.
					 Amendment of subsection (d) filed 8-11-2014; operative 10-1-2014 (Register 2014, No.
					 33).
3. Amendment filed 10-7-2019; operative 1-1-2020 (Register 2019, No.
					 41).
4. Change without regulatory effect amending Statement of
					 Understanding form #ERDS 0011 (incorporated by reference) and amending subsection
					 (d) filed 5-27-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 22). Filing deadline specified in section
					 100, title 1, California Code of
					 Regulations extended 60 calendar days pursuant to Executive Order N-40-20 and an
					 additional 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						27393,
						27396(a)
						and
						27396(b)(1),
						Government Code. Reference: Sections
						27392(a),
						27393(b)(2),
						27393(c)
						and
						27396,
						Government Code.