California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 7 - Pleadings › Section 28035 - Petition to Convene the Panel; Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A petition to convene the panel
					 must contain the following:
(a) A
					 petition to convene the panel;
(b)
					 An explanation of the reasons for convening the panel;
(c) Identification of the party or parties
					 petitioning arbitration, their names and addresses for the purposes of service
					 and a recitation of their aggregate liability, if appropriate;
(d) The name and address of any other known
					 potentially responsible party;
(e)
					 An agreement not to contest the fact of liability in the arbitration, if filed
					 pursuant to Health and Safety Code section
					 25356.3,
					 subdivision (a);
(f) The date of
					 the issuance of the final remedial action plan, if appropriate;
(g) An estimate of the length of time
					 required to present the petitioning party's or parties' case or
					 cases.
(h) An affidavit by the
					 petitioner attesting to how each and every statutory requirement for filing the
					 petition pursuant to Health and Safety Code sections
					 25356.3
					 or
					 25398.10,
					 as applicable, has been met.
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					 be repealed by operation of law on the following day.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					 language will be repealed by operation of law on the following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					 by 11-5-96 or emergency language will be repealed by operation of law on the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					 transmitted to OAL by 2-28-97 or emergency language will be repealed by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, including new subsection (b), subsection relettering, and
					 new subsection (h), transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97,
					 No. 3).
6. Change without regulatory effect amending subsection (h)
					 filed 5-12-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 20).
7. Change without regulatory
					 effect renumbering title 22, section
					 15035 to title 27, section
					 28035 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.