Any dispute with respect to denial of certification or proposed suspension or revocation of certification under this chapter may be mediated at the request of the applicant for certification or certified operation and with acceptance by the registered certifying agent. Mediation shall be requested in writing to the applicable registered certifying agent. If the registered certifying agent rejects the request for mediation, the registered certifying agent shall provide written notification to the applicant for certification or certified operation. The written notification shall advise the applicant for certification or certified operation of the right to request an appeal, pursuant to section 10706 of this chapter, within 30 calendar days of the date of the written notification of rejection of the request for mediation. If mediation is accepted by the registered certifying agent, such mediation shall be conducted by a qualified mediator mutually agreed upon by the parties to the mediation. 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 registered certifying agent's decision pursuant to section 10706 of this chapter. Any agreement reached during or as a result of the mediation process shall be in compliance with the regulations in this chapter. The department may review any mediated agreement for conformity to the regulations in this chapter and may reject any agreement or provision not in conformance with this chapter.
Cal. Code Regs. Tit. 3, § 10704
Note: Authority cited: Sections 26012 and 26013, Business and Professions Code. Reference: Sections 26013, 26062 and 26062.5, Business and Professions Code.