Section 3398.8 - Oral Presentations by Parties to Disputes(a) The arbitration program may allow an oral presentation by a party to a dispute (or a party's representative) only if: (1) Both the manufacturer and the consumer expressly agree to the presentation.(2) Prior to the agreement, the arbitration program fully discloses to the consumer the following information: (A) That the presentation by either party will take place only if both parties so agree, but that if they agree, and one party fails to appear at the agreed upon time and place, the presentation by the other party may still be allowed.(B) That the arbitrator will decide the dispute whether or not an oral presentation is made.(C) The proposed date, time and place for the presentation.(D) A brief description of what will occur at the presentation, including the parties' rights to bring witnesses and/or counsel.(3) Each party has the right to be present during the other party's oral presentation.(b) Nothing contained in this section shall preclude the arbitration program from allowing an oral presentation by one party, if the other party fails to appear at the agreed upon time and place, as long as all of the requirements of subdivision (a) of this section have been satisfied. In that event, the arbitrator may either decide the dispute or give the absent party an opportunity to explain or rebut any contradictory information and submit additional materials before a decision is made.(c) Notwithstanding subdivision (a) of this section, a party may correct an error at a meeting if all parties are personally present or represented and all parties expressly consent.Cal. Code Regs. Tit. 16, § 3398.8
1. New section filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change without regulatory effect amending NOTE filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35). Note: Authority cited: Sections 472.1(d) and 472.4(f), Business and Professions Code. Reference: 16 CFR Sections 703.3(a) and (c), 703.5(f)(2) and (3); and Section 1793.22(d)(1), Civil Code.
1. New section filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change without regulatory effect amending Note filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).