Cal. Code Regs. tit. 27 § 28008

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 28008 - Payment of Arbitration Costs

(a) The Director may order the potentially responsible parties, at any time, to make deposits necessary to assure payment of the costs of arbitrations. The Director may order the arbitration panel to withhold the draft or final arbitration decision or find parties in default to assure payment of arbitration costs. Even if the Director has not issued such an order, the arbitration panel shall not issue their draft or final decision until it has requested and received certification from the Director that all payments due from the potentially responsible parties have been made, or otherwise has obtained the consent of the Director irrespective of parties being in default of payment. The arbitration panel shall not waive any requirement that participating potentially responsible parties pay the costs of arbitration. However, one or more potentially responsible parties may pay the costs assigned to another responsible party.

(b) For arbitration panels convened pursuant to Health and Safety Code section 25398.10, response costs, which include the cost of arbitration, shall be apportioned among all responsible persons notified of the arbitration proceedings, regardless of whether those persons appear before the arbitration panel.

Cal. Code Regs. Tit. 27, § 28008

1. New section filed 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 3-9-96 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-5-96 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 10-31-96 as an emergency; operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-31-96 order, including amendment of section, transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3).
6. Change without regulatory effect renumbering title 22, section 15008 to title 27, section 28008 filed 6-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 25).

Note: Authority cited: Sections 59012, 25356.10, Health and Safety Code. Stats. 1994, ch. 435 (SB 923) Section 3. Reference: Sections 25356.2- 25356.10, 25396(t), 25398.10- 25398.13 and 25399.1(b), Health and Safety Code.