Cal. Code Regs. tit. 27 § 28015

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

Section 28015 - Disclosure and Challenge Procedure

(a) On notice of selection, the appointed arbitrators shall disclose to the Director and the parties any circumstances known to him or her which are likely to prevent a prompt hearing and decision, or to create a bias or conflict of interest, or to prevent him or her from providing adequate performance. Upon receipt of such information from an appointed arbitrator or other source, the Director shall, within two (2) days of receipt, communicate such information to the parties. Such communication may be made orally or in writing, but if made orally, shall be confirmed in writing.

(b) If any party wishes to request disqualification of an arbitrator, such party shall notify the Director and the other parties of such request and the basis therefor within ten (10) days of receipt of the information on which such request is based. However, any challenge filed pursuant to Health and Safety Code section 25398.12 must be filed within ten (10) days of the provision of public notice of the arbitration hearing pursuant to paragraph (1) of subdivision (b) of section 25398.11 of the Health and Safety Code.

(c) The Director shall make a determination on any request for disqualification of an arbitrator within twenty (20) days after the Director receives any such request, and shall notify the parties in writing of such determination. This determination shall be within the sole discretion of the Director, and the decision shall be final.

(d) Once accepted, arbitrators have a continuing duty to disclose to the Director and the parties the development of any circumstances listed in (a) above, and every such disclosure shall be dealt with as in (a).

(e) If the Director determines that an arbitrator has failed to comply with subsections (a) or (d) above, the arbitrator may be removed from the panel by section 28016.

(f) Any person may challenge the selection of any arbitrator on ground of conflict of interest or lack of one or more of the qualifications required by Health and Safety Code sections 25356.2 or 25398.10, where applicable.

Cal. Code Regs. Tit. 27, § 28015

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 A Certificate of Compliance must be transmitted to OAL by 3-9-96 or emergency language will be repealed by operation of law on the following day.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 subsections (a) and (b), transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3).
6. Change without regulatory effect renumbering title 22, section 15015 to title 27, section 28015, including amendment of subsection (e), 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 and 25398.10- 25398.13, Health and Safety Code.