Section 1327.3 - Mediation(a) Mediation may be requested for adverse actions that include denial of certification under section 1326.7 or any proposed suspension or revocation or noticed suspension or revocation of certification under section 1326.20.(b) Any request for mediation shall be requested in writing to the applicable certifying agent within 30 calendar days of the date a denial of certification, proposed suspension or revocation, or noticed suspension or revocation of certification was issued.(c) The certifying agent may accept or reject the request for mediation of an adverse action. (1) If the certifying agent rejects the request for mediation, the certifying agent shall provide written notification to the applicant for certification or certified operation of the rejection. The written notification shall advise the applicant for certification or certified operation of the right to request an appeal of the proposed adverse action, pursuant to section 1326.2 of this Chapter within 30 calendar days of the date of the written notification of rejection of the request for mediation.(2) If the certifying agent accepts the request for mediation, certifying agent shall provide written notification to the applicant or certified operation of the acceptance.(d) The mediation shall be conducted by a qualified mediator mutually agreed upon by the parties to the mediation.(e) The parties to the mediation shall have no more than 30 calendar days to reach an agreement following a mediation session. If mediation is unsuccessful, the applicant for certification or certified operation shall have 30 calendar days from termination of mediation to appeal the certifying agent's decision to deny, suspend, or revoke certification pursuant to section 1327.2 of this Chapter.(f) Any agreement reached during or as a result of the mediation process shall be in compliance with the Act and this Chapter.(g) If the certifying agent is an out-of-state government entity, the mediation procedures established under the authority of that government entity may be followed in lieu of this section.Cal. Code Regs. Tit. 3, § 1327.3
1. New section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 25991, Health and Safety Code.
1. New section filed 9-1-2022; operative 9/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.