Cal. Code Regs. tit. 27 § 28031

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

Section 28031 - Attendance at Hearings

(a) The arbitration hearings may be open to the public unless, on the motion of a party, the arbitrators determine that doing so would interfere with the orderly conduct or timely completion of the proceedings. However, all arbitration hearings held pursuant to section 25398.10 of the Health and Safety Code, shall be open to the public.

(b) At the request of any party, the arbitrators may exclude any witness not under examination. A party to the arbitration cannot be excluded under this section.

(c) If a person other than a natural person is a party to the arbitration, an officer or employee designated by its attorney or representative is entitled to be present to assist in the presentation of that party's case. However, that attorney or representative cannot be a witness who is excluded under subsection (b).

(d) The hearing may proceed in the absence of any person who, after due notice, fails to appear or fails to obtain an adjournment. If a party, after due notice, fails to appear or fails to obtain an adjournment, such party will be deemed to have waived the right to be present at the hearing.

(e) After all disputed issues have been heard by the arbitration panel, the arbitration panel may permit the parties to make closing statements, after which the arbitration panel shall declare the hearing closed.

(f) The hearing shall be completed within thirty (30) days, unless the arbitration panel extends the hearing for good cause.

(g) The parties may provide, by written agreement, for the waiver of the hearing.

Cal. Code Regs. Tit. 27, § 28031

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 A Certificate of Compliance must be transmitted to OAL by 3-9-96 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 11-5-96 or emergency language will be repealed by operation of law on the following day.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 transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3).
6. Change without regulatory effect renumbering title 22, section 15031 to title 27, section 28031 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.