Section 3399.6 - Decertification(a) If it appears to the Arbitration Certification Program that an arbitration program is not in substantial compliance with Civil Code Section 1793.22(d), Chapter 9 of Division 1 of the Business and Professions Code, or this subchapter, the Arbitration Certification Program may issue a written notice of causes for decertification. The notice will specify the reasons for the notice and prescribe the modifications in the operation of the arbitration program which, if timely made, will enable the program to retain its certification. The written notice will be served on the party or parties to the original application designated to receive notices from the Arbitration Certification Program.(b) No arbitration program shall be decertified unless and until either: (1) a decision to decertify is made by the Arbitration Certification Program pursuant to the notice of causes for decertification after a hearing under subdivision (c) of this section, or(2) the expiration of 180 days after service of the notice of causes for decertification as provided in subdivision (d) of this section.(c) The entity or entities on whom service of the notice of causes for decertification is made, or any of them, shall have a right to a hearing upon written request filed with the Arbitration Certification Program within 30 days after service of the notice. The date of service shall be deemed to be the date of transmittal by the Arbitration Certification Program. If a request is made, the program will be decertified only if a decision to decertify the program is made by the Arbitration Certification Program after a hearing. The Arbitration Certification Program will conclude the decertification proceedings within 180 calendar days after service of its written notice of causes for decertification.(d) The decertification shall become effective 180 days after the notice is served. However, the Arbitration Certification Program will withdraw the notice prior to its effective date if the Arbitration Certification Program determines, after a public hearing, that the entity or entities have made the modifications in the operation of the program required in the notice of decertification, and the program is in substantial compliance with the requirements of Civil Code Section 1793.22(d), Chapter 9 of Division 1 of the Business and Professions Code, and this subchapter.(e) Any person may request copies of all notices and decisions issued by the Arbitration Certification Program under this section.Cal. Code Regs. Tit. 16, § 3399.6
1. New section filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change without regulatory effect amending subsections (a), (d) and NOTE and subsection 1.2 of appendix filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).
3. Editorial correction of HISTORY 2 (Register 99, No. 5).
4. Change without regulatory effect amending section and appendix filed 1-25-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 5). Note: Authority cited: Section 472.4(f), Business and Professions Code. Reference: Section 472.3(c), Business and Professions Code; Federal Constitution, 14th Amendment; California Constitution, Art. I, Section 7; see Witkin, Calif. Proc., Const. Law, Sections 518-577, and Kash v. Los Angeles (1977) 19 Cal. 3d 294, 138 Cal. Rptr. 53.
1. New section filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change without regulatory effect amending subsections (a), (d) and Note and subsection 1.2 of appendix filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).
3. Editorial correction of History 2 (Register 99, No. 5).
4. Change without regulatory effect amending section and appendix filed 1-25-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 5).