Page 56 - GDPR and US States General Privacy Laws Deskbook

(k)  Solicit, review, and approve applications for grants to the extent funds are available pursuant to paragraph (2) of subdivision
(b) of Section 1798.160.
(l)  Perform all other acts necessary or appropriate in the exercise of its power, authority, and jurisdiction and seek to balance
the goals of strengthening consumer privacy while giving attention to the impact on businesses.
(Amended by Stats. 2021, Ch. 525, Sec. 5. (AB 694) Effective January 1, 2022.)
1798.199.45. Investigations
(a)  Upon the sworn complaint of any person or on its own initiative, the agency may investigate possible violations of this
title relating to any business, service provider, contractor, or person. The agency may decide not to investigate a complaint
or decide to provide a business with a time period to cure the alleged violation. In making a decision not to investigate or
provide more time to cure, the agency may consider the following:
(1) Lack of intent to violate this title.
(2)  Voluntary efforts undertaken by the business, service provider, contractor, or person to cure the alleged violation prior to
being notified by the agency of the complaint.
(b)  The agency shall notify in writing the person who made the complaint of the action, if any, the agency has taken or plans
to take on the complaint, together with the reasons for that action or nonaction.
(Added November 3, 2020, by initiative Proposition 24, Sec. 24.8. Effective December 16, 2020. Operative December 16, 2020,
pursuant to Sec. 31 of Proposition 24.)
1798.199.50. Due Process
No finding of probable cause to believe this title has been violated shall be made by the agency unless, at least 30 days prior
to the agency’s consideration of the alleged violation, the business, service provider, contractor, or person alleged to have
violated this title is notified of the violation by service of process or registered mail with return receipt requested, provided
with a summary of the evidence, and informed of their right to be present in person and represented by counsel at any
proceeding of the agency held for the purpose of considering whether probable cause exists for believing the person violated
this title. Notice to the alleged violator shall be deemed made on the date of service, the date the registered mail receipt is
signed, or if the registered mail receipt is not signed, the date returned by the post office. A proceeding held for the purpose
of considering probable cause shall be private unless the alleged violator files with the agency a written request that the
proceeding be public.
(Added November 3, 2020, by initiative Proposition 24, Sec. 24.9. Effective December 16, 2020. Operative December 16, 2020,
pursuant to Sec. 31 of Proposition 24.)
1798.199.55. Hearings
(a)  When the agency determines there is probable cause for believing this title has been violated, it shall hold a hearing to
determine if a violation has or violations have occurred. Notice shall be given and the hearing conducted in accordance with
the Administrative Procedure Act (Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2, Government
Code). The agency shall have all the powers granted by that chapter. If the agency determines on the basis of the hearing
conducted pursuant to this subdivision that a violation or violations have occurred, it shall issue an order that may require
the violator to do all or any of the following:
(1) Cease and desist violation of this title.
California Consumer Privacy Act of 2018 (as amended by the
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California Privacy Rights Act of 2020) and Related Regulations