Section 227 - Arbitration Procedures(a) A person who seeks arbitration of a contract dispute pursuant to Rule 221 shall send a written request for arbitration to the commission's headquarters and to the Office of the Attorney General at the address designated on the form. The request shall be on a form prescribed by the commission and shall contain all of the following information:(1) The person's name, address, telephone number, e-mail address if available.(2) The date of the request.(3) Type of license held and license number.(4) A detailed statement showing the ground for the request.(5) A copy of each contract over which arbitration is sought.(6) Whether the services of an interpreter are required and if so, for which language.(7) Three dates of availability for arbitration within the next 90 days after the date of the request.(8) Which of the following geographic locations is preferred: Sacramento, Los Angeles, San Francisco or San Diego.(9) The requester's signature. The commission shall return to the requester without action any request that is incomplete because it lacks one or more of the items described above.
(b) Within five (5) working days after receipt of a complete request for arbitration, the commission shall serve the request and any accompanying documents on the other party to the contract and provide that party with an opportunity to respond. If the commission does not receive a response from the other party not later than twenty (20) calendar days from the date of service of the request, the matter shall proceed by default.(c) The arbitrator shall be the executive officer of the commission or that person's designee.(d) Not less than ten (10) days prior to the hearing, the parties shall exchange and also serve on the commission's designated representative a detailed list of the evidence expected to be presented during the hearing, which shall include a list of the names of witnesses and a copy of every document that the party intends to present.(e) An arbitration proceeding shall not exceed four (4) hours unless the arbitrator determines that additional time is needed, based on the detailed statement required in subsection (a)(4), in which case the arbitrator may permit the hearing to proceed a maximum of six (6) hours total. The time shall be divided evenly among the parties. Each party may make either an oral or a written statement of the case. The party requesting arbitration shall proceed first. Every person who will be testifying shall be sworn in.(f) The party requesting arbitration bears the burden of proving his or her case by a preponderance of the evidence.(g) The arbitrator shall serve the written decision on the parties not later than forty-five (45) calendar days after the matter has been submitted.(h) Unless good cause is shown, a request for arbitration shall be deemed abandoned and the request dismissed if the party who requests arbitration fails to appear at a duly noticed hearing two times.Cal. Code Regs. Tit. 4, § 227
1. New section filed 4-6-2009; operative 4-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 15). Note: Authority cited: Section 18611, Business and Professions Code. Reference: Section 18640, Business and Professions Code.
1. New section filed 4-6-2009; operative 4-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 15).