reglab/statecodes huggingface dataset:
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 1 - General Provisions › Section 1300 - Introduction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This subchapter governs the procedure for arbitration
					 proceedings to resolve claims arising under or relating to contracts by Public
					 Agencies under the State Contract Act.
1. New
					 Subchapter 3 (Articles 1-9, Sections
					 300-382, not consecutive) filed
					 6-1-79; effective thirtieth day thereafter (Register 79, No. 22).
2.
					 Amendment (including Subchapter heading) filed 4-6-84; effective thirtieth day
					 thereafter (Register 84, No. 14).
3. Renumbering of former chapter 3
					 (sections 300-393) to new chapter 4 (sections
					 1300-1393) and renumbering of
					 former section
					 300 to new section
					 393 filed 6-20-97; operative 7-1-97
					 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
4. Amendment filed 8-15-97; operative 8-15-97
					 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10106
						and
						10240-
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 1 - General Provisions › Section 1301 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions apply in this subchapter:
(a) "Arbitration" means the proceeding for
				  resolving claims pursuant to Sections
				  10240
				  through
				  10245.4
				  of the Public Contract Code.
(b)
				  "Arbitrator" means the person or persons selected pursuant to Section
				  10240.3
				  of the Public Contract Code.
(c)
				  "Contract" means an agreement entered into pursuant to the State Contract
				  Act.
(d) "Contractor" means the
				  prime contractor who entered into the contract with the Public
				  Agency.
(e) "Decision on Costs"
				  means a decision, in accordance with these rules, the Contract and Section
				  10240.13
				  of the Public Contract Code, which results from a separate supplementary
				  Arbitration proceeding after determining the merits of a matter in Arbitration,
				  and which considers assessing costs, interest and fees against a Party or
				  Parties.
(f) "Decision on the
				  Merits" means the decision, other than a Decision on Costs, resolving the
				  matter which is the subject of an Arbitration proceeding pursuant to these
				  rules, the Contract and Public Contract Code Section
				  10100
				  et seq.
(g) "Interested Party"
				  means a Party other than the Contractor and the Public Agency who may be joined
				  in the Arbitration as a Party under the provisions of Section
				  10240.9
				  of the Public Contract Code.
(h)
				  "Party" means any person so named in the Arbitration pleadings.
(i) "Petitioner" means the Contractor or
				  Public Agency who files a complaint in Arbitration of a claim under the
				  provisions of the Public Contract Code.
(j) "Public Agency" means any Department of
				  the State of California which entered into the Contract. A Public Agency also
				  means a political subdivision or public agency pursuant to Public Contract Code
				  Section
				  22200.
(k) "Respondent" means the Contractor or
				  Public Agency against whom a complaint in Arbitration is filed.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 301 to new section
					 1301 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Amendment of section and NOTE filed
					 8-15-97; operative 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240-
						10245.4
						and
						22200,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 1 - General Provisions › Section 1302 - Interpretation and Application of Subchapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Arbitrator shall interpret and apply
				  the provisions of this subchapter insofar as they relate to the Arbitrator's
				  powers and duties. If there is more than one Arbitrator, the interpretation and
				  application of these rules shall be decided by a majority vote. In addition to
				  the authority expressly granted by law or otherwise by these rules, the
				  Arbitrator shall have the power to issue such orders as necessary to implement
				  these rules.
(b) The Office of
				  Administrative Hearings shall in the administration of Arbitrations hereunder
				  interpret and apply the rules of this subchapter relating to the powers and
				  duties of that office.
1. Amendment
					 of NOTE filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 302 to new section
					 1302 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5,
						10240.8
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 1 - General Provisions › Section 1303 - Communication with the Arbitrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No disclosure of any offers of settlement made by any Party
					 shall be made to the Arbitrator prior to the filing of the Decision on the
					 Merits, without the express consent of all Parties.
There shall be no ex parte communication by counsel or any
					 Party with the Arbitrator or a potential Arbitrator on the merits of a
					 contested matter in the absence of or without the express consent of all
					 Parties.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 303 to new section
					 1303 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Amendment filed 8-15-97; operative 8-15-97
					 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 1 - General Provisions › Section 1304 - Representation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In proceedings under this subchapter an
				  individual Party may appear in person, a corporate Party by an officer or
				  employee thereof, a partnership or joint venture Party by an authorized member
				  or employee thereof, or any of these by a member in good standing of the State
				  Bar of California.
(b) The Public
				  Agency shall appear in proceedings under this subchapter either by its
				  authorized counsel or other person authorized to act on behalf of the
				  agency.
(c) Upon motion pursuant to
				  Section 1361, a member in good standing of
				  the State Bar of California who is counsel of record for a Party may in the
				  discretion of the Arbitrator associate out-of-state counsel provided there has
				  been compliance with the requirements of California Code of Civil Procedure
				  section
				  1282.4
				  which sets forth the conditions for pro hac vice admission to arbitration in
				  California.
(d) Parties shall at
				  all times keep the Office of Administrative Hearings and each other currently
				  advised as to any change, addition or substitution of representation or any
				  change in the address or telephone number of its representative(s).
1. Amendment
					 of NOTE filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 304 to new section
					 1304 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Amendment of subsection (a) filed 8-15-97;
					 operative 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
4. Amendment by General Services,
					 Transportation and Water Resources departments adopting new subsection (c),
					 relettering subsection and amending newly designated subsection (d) filed
					 8-23-2000; operative 9-22-2000 (Register 2000, No. 34).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5,
						10240.8,
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 1 - General Provisions › Section 1305 - Service and Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever a Party is required or permitted
				  to file any document, it shall be filed in the Sacramento office of the Office
				  of Administrative Hearings together with proof of service of a copy on all
				  other Parties, unless filing prior to service is authorized for good cause by
				  the Office of Administrative Hearings.
(b) Except for subpoenas which may be served
				  by the same methods as in civil actions, service of documents between Parties
				  may be made in the manner provided in Code of Civil Procedure Section
				  1013,
				  except that a form of mailing providing for a return receipt which proves the
				  date of delivery or a method provided for service of a summons in a civil
				  action must be used for delivery of the following:
(1) Any pleading by which an Interested Party
				  is to be joined under Section
				  1352;
(2) The Decision on the Merits provided for
				  in Section 1390;
(3) The Arbitration award provided for in
				  Section 1393;
(4) Any other order or decision which is a
				  final disposition of the Arbitration.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 1 - General Provisions › Section 1306 - Waiver of Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any Party who proceeds with the Arbitration after knowledge
					 that any provision or requirement of this subchapter has not been complied
					 with, and who fails to state objections thereto in writing, shall be deemed to
					 have waived the objection unless it is an objection that the Arbitrator has no
					 jurisdiction of the subject of the claim.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 306 to new section
					 1306 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Amendment filed 8-15-97; operative 8-15-97
					 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 2 - Office of Administrative Hearings › Section 1310 - Exercise of Administrative Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Office of Administrative Hearings
				  shall provide all administrative services for Arbitrations under this
				  subchapter except that, unless otherwise agreed to by the Parties and the
				  Office of Administrative Hearings, such services shall not include the services
				  of reporters or transcribers or personnel of the Office of Administrative
				  Hearings as Arbitrators.
(b) The
				  services of the Arbitrator shall be provided by a contract or contracts between
				  the Office of Administrative Hearings, and the person or persons selected to be
				  the Arbitrator under applicable law, these rules, and as consented to by the
				  Parties. Such agreement shall conform to State law, policies and procedures for
				  the employment of expert or personal services. The Office of Administrative
				  Hearings shall compensate the Arbitrator directly.
(c) The Office of Administrative Hearings
				  shall be the repository of the official file for any proceeding under these
				  rules until expiration of the period for an appeal, and may thereafter dispose
				  of any such file, subject to Government Code Section
				  14755.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 310 to new section
					 1310 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Amendment of section and NOTE filed
					 8-15-97; operative 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						14755,
						Government Code; and Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 2 - Office of Administrative Hearings › Section 1311 - Payment of Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Office of Administrative Hearings in its discretion may
					 order the Petitioner, Respondent, or any Interested Party at any time to make
					 deposits as may be necessary to assure payment of costs incurred in Arbitration
					 as prescribed by these rules.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 311 to new section
					 1311 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5,
						10240.13
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 2 - Office of Administrative Hearings › Section 1312 - Docketing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Promptly upon receiving the complaint, the Office of
					 Administrative Hearings shall docket the Arbitration and shall notify all
					 Parties designated in the complaint of the docketing.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Amendment filed 5-7-92; operative 6-8-92 (Register 92, No.
					 19).
3. Renumbering of former section
					 312 to new section
					 1312 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
4. Amendment of section and NOTE filed
					 8-15-97; operative 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5,
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 2 - Office of Administrative Hearings › Section 1313 - Bar Pending Public Agency Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a complaint in Arbitration is filed prior to issuance of
					 a final written decision by the Public Agency and less than 240 days have
					 expired since the date of acceptance of the work, the Office of Administrative
					 Hearings shall dismiss the complaint without prejudice to the filing of a
					 timely complaint.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 313 to new section
					 1313 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1313 to new section
					 1381(a), and
					 renumbering and amendment of former section
					 1314 to new section
					 1313 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240,
						10240.2,
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 2 - Office of Administrative Hearings › Section 1314 - Absence of an Appointed Arbitrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the absence of an appointed Arbitrator, the Office of
					 Administrative Hearings may decide, with consent of the Petitioner and
					 Respondent, procedural and discovery questions as necessary to avoid delay in
					 the expeditious completion of the Arbitration proceedings.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Amendment filed 5-7-92; operative 6-8-92 (Register 92, No.
					 19).
3. Renumbering of former section
					 314 to new section
					 1314 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
4. Renumbering of former section
					 1314 to new section
					 1313, and renumbering and amendment
					 of former section
					 1315 to new section
					 1314 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
5. Amendment filed 8-12-2004; operative
					 8-12-2004 pursuant of Government Code section
					 11343.4
					 (Register 2004, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 2 - Office of Administrative Hearings › Section 1315 - Absence of an Appointed Arbitrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 315 to new section
					 1315 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1315 to new section
					 1314 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 3 - Selection of Arbitrator › Section 1320 - Qualifications of Arbitrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any Arbitrator appointed pursuant to Section
					 1321 shall be neutral, subject to
					 disqualification for the reasons specified in Section
					 1323. If the Petitioner and
					 Respondent agree to a specific Arbitrator, such Arbitrator shall not be subject
					 to disqualification for said reasons, provided appropriate disclosure has been
					 made.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 320 to new section
					 1320 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Amendment filed 8-15-97; operative 8-15-97
					 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 3 - Selection of Arbitrator › Section 1322 - Disclosure and Challenge Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Office of Administrative Hearings
				  shall notify the arbitrator of selection as arbitrator. On notice of selection,
				  the prospective Arbitrator, including one selected by the Superior Court, shall
				  disclose to the Office of Administrative Hearings any circumstances likely to
				  prevent a prompt hearing and decision or to create a presumption of bias. The
				  disclosures shall satisfy the requirements of Standards 1, 4, 5, 6, 9, 10
				  (except subdivision (d)), and 11; Standard 2 (a) through (c), and (h) through
				  (
l
); and Standard 7 except for subdivision (b)(12) of the
				  Ethics Standards for Neutral Arbitrators in Contractual Arbitration, Cal. Rules
				  of Court, Appendix, Div. VI (Amended effective January 1, 2003). For purposes
				  of disclosure under these standards the following definitions apply:
(1) "Member of the arbitrator's immediate
				  family" includes the arbitrator's spouse or domestic partner (as defined in
				  Family Code section
				  297) and
				  children living in the arbitrator's household.
(2) "Member of the arbitrator's extended
				  family" includes the members of the arbitrator's immediate family and the
				  parents, children and siblings of the arbitrator or the arbitrator's spouse or
				  domestic partner (as defined in Family Code section
				  297) and the
				  spouse of those persons.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 3 - Selection of Arbitrator › Section 1323 - Notice to Arbitrator of Appointment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notice of the appointment of the Arbitrator shall be mailed
					 to the Arbitrator by the Office of Administrative Hearings, together with a
					 copy of these Rules and an oath of office as prescribed by the Office of
					 Administrative Hearings.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 323 to new section
					 1323 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Amendment filed 8-15-97; operative 8-15-97
					 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
4. Amendment by General Services,
					 Transportation and Water Resources departments of subsection (b) filed
					 8-23-2000; operative 9-22-2000 (Register 2000, No. 34).
5.
					 Renumbering of former section
					 1323 to section
					 1322 and renumbering of former
					 section 1322 to section
					 1323 filed 8-12-2004; operative
					 8-12-2004 pursuant of Government Code section
					 11343.4
					 (Register 2004, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 3 - Selection of Arbitrator › Section 1324 - Vacancy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If after appointment, any Arbitrator shall die, refuse, or
					 be unable to perform the duties of office or be disqualified during the course
					 of the proceeding, a substitute Arbitrator shall be identified from the list of
					 names as preferred by the Petitioner and Respondent and from which the original
					 Arbitrator was selected if possible or in the manner set forth in Section
					 1321. If a vacancy as described
					 above occurs, the merits of the matter shall be reheard unless otherwise agreed
					 to by the Petitioner and Respondent.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 324 to new section
					 1324 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Amendment filed 8-15-97; operative 8-15-97
					 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
4. Amendment filed 8-12-2004; operative
					 8-12-2004 pursuant of Government Code section
					 11343.4
					 (Register 2004, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.3,
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 4 - Authority of Arbitrator › Section 1330 - Jurisdiction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Jurisdiction of the Arbitrator shall be in accordance with
					 Article 7.1 (commencing with Section
					 10240) of the Public Contract
					 Code.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 330 to new section
					 1330 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Repealer of former section
					 1330 and renumbering of former
					 section 1331 to new section
					 1330 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240-
						10240.13,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 4 - Authority of Arbitrator › Section 1331 - Lack of Jurisdiction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Arbitrator may raise the issue of jurisdiction to
					 proceed by an appropriate order after affording the Parties an opportunity to
					 be heard.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 331 to new section
					 1331 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1331 to new section
					 1330, and renumbering and amendment
					 of former section
					 1332 to new section
					 1331 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 4 - Authority of Arbitrator › Section 1332 - Appointment of Special Arbitrator to Determine Acceptance of the Work

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If prior to Arbitrator selection a
				  dispute arises regarding acceptance of the work, the Office of Administrative
				  Hearings shall, upon request of one or more of the Parties, cause a special
				  arbitrator to be appointed pursuant to Section
				  1342 for the sole purpose of
				  resolving that dispute.
(b) The
				  special arbitrator selected under this section shall after a hearing provide a
				  written decision on only the issue of the timeliness of the filing of the
				  complaint in Arbitration under the Public Contract Code Section
				  10240.2
				  provision for arbitration 240 days after acceptance of the work and whether the
				  requirements of that section have been met. If the special arbitrator decides
				  that the requirements have been met, the Office of Administrative Hearings
				  shall cause a new Arbitrator to be selected pursuant to Section
				  1321 to handle the Arbitration on
				  the merits. If the special arbitrator decides that the requirements have not
				  been met, the Office of Administrative Hearings shall dismiss the complaint in
				  Arbitration without prejudice to the filing of a timely complaint.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 332 to new section
					 1332 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1332 to new section
					 1331 and new section
					 1332 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
4. Repealer and new section heading and
					 section filed 8-12-2004; operative 8-12-2004 pursuant of Government Code
					 section
					 11343.4
					 (Register 2004, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 4 - Authority of Arbitrator › Section 1333 - Expert Advisors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) With consent of the Parties the
				  Arbitrator may select expert or technical advisors. Such services shall be
				  provided by a contract between the Office of Administrative Hearings and the
				  advisor. Such contract shall be on terms and conditions which are consistent
				  with the State's laws, policies, and procedures.
(b) Petitioner or Respondent may object for
				  cause to the use of a particular individual as an advisor. If such objection is
				  not timely made, it shall be deemed waived.
(c) An expert technical advisor, except with
				  the written consent of Petitioner and Respondent which shall be filed in the
				  record, shall not be in communication with the Arbitrator on the merits of a
				  contested matter except:
(1) in writing, with
				  copies served on all Parties, or
(2) orally on the record in the presence of
				  or after due notice to all Parties, and all evidence, opinions or other
				  information which the expert testifies to or furnishes is subject to
				  cross-examination and pertinent objections.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 4 - Authority of Arbitrator › Section 1334 - Lack of Prosecution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Arbitrator shall have discretion to
				  dismiss any complaint where the Petitioner or cross-complainant fails to
				  prosecute the matter by failing to perform discovery or otherwise fails to take
				  any significant action to move the case to hearing for a period of 18
				  consecutive months, measured from the filing of the complaint or the last
				  significant action.
(b) The
				  Arbitrator shall dismiss any complaint where the Petitioner cross-complainant
				  fails to prosecute the matter by failing to perform discovery or otherwise
				  fails to take any significant action to move the case to hearing for a period
				  of 36 consecutive months, measured from the filing of the complaint or the last
				  significant action.
(c) For
				  purposes of this section "significant action" means an action, which is timely
				  served and filed by the Petitioner or Cross-complainant pursuant to Section
				  1305, and which is designed to move
				  a complaint to hearing. It shall include good-faith requests for discovery,
				  good-faith motions to eliminate issues and pre-hearing briefs requested by the
				  Arbitrator.
(d) The Arbitrator
				  shall dismiss a complaint if the hearing has not commenced within five years
				  after the filing of the compliant.
(e) If an Arbitrator has not been selected or
				  is absent due to resignation, death or disability, the Office of Administrative
				  Hearings shall have authority to dismiss the complaint as specified in (b) or
				  (d).
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 334 to new section
					 1334 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1334 to new section
					 1382 and renumbering and amendment
					 of former section
					 1335 to new section
					 1334 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
4. Amendment filed 8-12-2004; operative
					 8-12-2004 pursuant of Government Code section
					 11343.4
					 (Register 2004, No. 33).
Note: Authority cited: Sections
						10240.5,
						10240.11
						and
						10245.4,
						Public Contract Code. Reference: Sections
						10240.5,
						10240.11
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 4 - Authority of Arbitrator › Section 1335 - Lack of Prosecution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Amendment filed 5-7-92; operative 6-8-92 (Register 92, No.
					 19).
3. Renumbering of former section
					 335 to new section
					 1335 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
4. Renumbering of former section
					 1335 to new section
					 1334 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5,
						10240.11
						and
						10245.4,
						Public Contract Code. Reference: Sections
						10240.5,
						10240.11
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 5 - Simplified Claims Procedure › Section 1340 - When Available

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The simplified claims procedure provided for in this
					 article is available by election of either Petitioner or Respondent on claims
					 which in the aggregate do not exceed $50,000 in one complaint and a final
					 written decision or ruling has been issued by the Public Agency. It is also
					 available by written stipulation of both Parties on claims which in the
					 aggregate exceed $50,000 in one complaint, whether Arbitration is pursued after
					 a final written decision or under the 240 day rule.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 340 to new section
					 1340 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Amendment of article heading and
					 renumbering of former section
					 1340 to new section
					 1352 and renumbering and amendment
					 of former section
					 1375 to new section
					 1340 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 5 - Simplified Claims Procedure › Section 1341 - Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Petitioner or Respondent elects to have its claims
					 resolved with use of the simplified claims procedure by indicating its election
					 with or in the filing of its first pleading in Arbitration and by attaching
					 thereto a copy of the written decision or ruling of the department or agency.
					 In the complaint or answer, the Party electing the simplified claims procedure
					 shall state all facts and conclusions at issue. The Arbitrator may consider a
					 request for the simplified claims procedure after the filing of the first
					 pleading except such request shall be granted only for mistake, inadvertence,
					 surprise or excusable neglect.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 341 to new section
					 1341 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1341 to new section
					 1360 and renumbering and amendment
					 of former section
					 1376 to new section
					 1341 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 5 - Simplified Claims Procedure › Section 1342 - Simplified Selection of Arbitrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Petitioner and Respondent may select
				  an Arbitrator by agreement.
(b) If
				  the Petitioner and Respondent do not agree upon an Arbitrator, the Office of
				  Administrative Hearings shall promptly prepare a list of twenty potential
				  Arbitrators selected at random from those who have indicated a willingness to
				  serve as an Arbitrator in the location for the hearing. Within ten days from
				  the mailing, the Petitioner and Respondent each may cross off the names of not
				  more than ten to which it objects, numbering the remaining names in the order
				  of preference and return the list to the Office of Administrative Hearings with
				  a copy to the other. If either the Petitioner or Respondent does not return the
				  list within the time specified or does not indicate an order of preference, all
				  persons named therein shall be deemed equally acceptable. The Office of
				  Administrative Hearings shall appoint the Arbitrator from among the persons
				  whose names remain in accordance with the designated order of mutual
				  preference. The disclosure and challenge procedure in Section
				  1323 shall apply. If for any reason
				  the appointment cannot be made from the submitted list, the Office of
				  Administrative Hearings shall repeat the process until an Arbitrator is
				  selected.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 342 to new section
					 1342 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1342 to new section
					 1380 and renumbering of former
					 section 1377 to new section
					 1342, including amendment of
					 section heading and section, filed 8-15-97; operative 8-15-97 pursuant to
					 Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
4. Amendment by General Services,
					 Transportation and Water Resources departments of subsection (b) filed
					 8-23-2000; operative 9-22-2000 (Register 2000, No. 34).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 5 - Simplified Claims Procedure › Section 1343 - Limited Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Not more than 25 days and not less than 10 days prior to a
					 hearing, the Arbitrator, on written request of a Party, may direct the
					 Parties:
(1) to disclose the names and
				  addresses of witnesses to the extent known to each Party,
(2) afford an opportunity to the Parties to
				  inspect and copy any pertinent writings, documents, or exhibits in the
				  possession, custody, or control of other Parties, and
(3) to exchange all writings to be offered in
				  evidence. In the absence of agreement, for good cause shown, the Arbitrator may
				  permit limited interrogatories and depositions of percipient witnesses. The
				  foregoing constitutes the sole and exclusive discovery in simplified claims
				  procedure.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 343 to new section
					 1343 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1343 to new section
					 1385 and renumbering and amendment
					 of former section
					 1378 to new section
					 1343 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 5 - Simplified Claims Procedure › Section 1344 - Initial Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No verbatim record of the proceedings is required. The
					 claim file and written record, if any, produced at the highest agency level of
					 review, including all written materials submitted by the Petitioner or
					 Respondent and reviewed by the Public Agency, shall be forwarded to the
					 Arbitrator by the Public Agency with or prior to filing of an answer and shall
					 constitute the initial record before the Arbitrator. The Parties may submit and
					 file in advance of the hearing any additional written, photographic or
					 demonstrative evidence or may object to materials submitted by other Parties.
					 In addition, summaries of anticipated testimony, declarations of witnesses and
					 written arguments or briefs may also be required by the Arbitrator. Based upon
					 the initial record and any additional evidence and written arguments submitted
					 in advance of the hearing, the Arbitrator shall establish the issues to be
					 tried.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 344 to new section
					 1344 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1344 to new section
					 1361 and renumbering and amendment
					 of former section
					 1379 to new section
					 1344 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.