Cal. Code Regs. tit. 27 § 28038

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

Section 28038 - Intervention and Withdrawal

(a) No later than thirty (30) days prior to the prehearing conference, any potentially responsible party associated with the site which is subject to arbitration, may petition to intervene in the arbitration proceeding. Any intervening party shall agree not to contest the fact of liability in the arbitration if the petition is filed pursuant to Health and Safety Code section 25356.3, subdivision (a).

(b) If an arbitration panel has been appointed, a petition to intervene shall be filed with the arbitration panel and a copy shall be served upon all parties. If the arbitration panel has not yet been appointed, a petition to intervene shall be submitted to the Director and a copy shall be served upon all parties.

(c) Any such petition to intervene may be granted only upon the written approval of the arbitration panel or the Director if an arbitration panel has not been appointed. By seeking to intervene, the intervening party consents to be bound by the time limits for the filing of pleadings as the arbitration panel may make to prevent delaying the pre-hearing conference.

(d) Any party may petition to withdraw from the arbitration proceeding within thirty (30) days after receipt of the notice of appointment of the arbitrators. The arbitration panel shall approve such withdrawal, without prejudice to the moving party, and shall assess such administrative fees and expenses against the withdrawing party as the arbitration panel deems appropriate.

(e) For arbitration panels convened pursuant to Health and Safety Code section 25356.3, subdivision (a), the Director shall continue to convene the arbitration panel only if the remaining parties have an aggregate alleged liability in excess of 50 percent of the costs of removal and remedial action.

Cal. Code Regs. Tit. 27, § 28038

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 A Certificate of Compliance must be transmitted to OAL by 3-9-96 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency language will be repealed by operation of law on the following day.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 15038 to title 27, section 28038 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.