reglab/statecodes huggingface dataset:
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 3 - Arbitration › Section 1232 - Arbitration; Definition; General Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Arbitration under these regulations is an
				  adjudicative process in which an arbitrator or panel of arbitrators issues a
				  decision on the merits after a hearing. Except as set forth herein,
				  arbitrations are governed by the Administrative Procedure Act (commencing with
				  Government Code Section
				  11370),
				  Part I, Division 3, Title 2 of the Government Code.
(b) Before the arbitration the parties shall
				  agree that the decision by the arbitrator(s) is binding or non-binding upon the
				  parties. If the parties select non-binding arbitration, any party may reject
				  the non-binding decision. If a party rejects the non-binding decision, the
				  parties shall resume the same status as before arbitration and shall proceed as
				  if arbitration had not taken place.
(c) All determinations of time under these
				  regulations are governed by the provisions of Code of Civil Procedures
				  §§
										12 a, 12b, 13, 13a, 13b, 1013,
				  1013a.
(d) The arbitrator shall not
				  engage in private communication with any party upon the merits or substance of
				  the dispute at any time prior to the issuance of the decision.
1. New
					 article 3 (sections
					 1232-1258) and section filed
					 6-20-97; operative 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
Note: Authority cited: Section
						11420.20,
						Government Code. Reference: Sections
						12a,
						12b,
						13,
						13a,
						13b,
						1013
						and
						1013a,
						Code of Civil Procedure; and Section
						11420.10,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 3 - Arbitration › Section 1234 - Agreement to Arbitrate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At any time prior to a formal administrative hearing, a
					 matter may be referred to arbitration by request, as specified in 1206. The
					 written consent shall indicate whether the arbitration is binding or
					 non-binding. Unless all parties agree to binding arbitration, the arbitration
					 shall be non-binding. The parties may, at any time, by written agreement signed
					 by all parties or their legal representatives, consent to make the arbitration
					 binding.
1. New
					 section filed 6-20-97; operative 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
Note: Authority cited: Section
						11420.20,
						Government Code. Reference: Section
						11420.10,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 3 - Arbitration › Section 1236 - Selection of Arbitrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Selection of Arbitrator by Mutual
				  Agreement
(1) Once the parties agree to
				  arbitration they shall then confer to select a single arbitrator or, if the
				  parties so agree, a panel of three arbitrators. Unless the parties agree
				  otherwise, selection of the arbitrator(s) shall take place within 21 days of
				  the agreement to arbitrate.
(2) If
				  the parties are unable to agree to a single arbitrator, then each party may
				  agree to select one arbitrator and the selected arbitrators shall then select a
				  third arbitrator who shall act as chair to the arbitration panel.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 3 - Arbitration › Section 1238 - Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Responsibility for the payment of arbitrator(s) fees and
					 all other costs of the arbitration shall be established by written agreement
					 among the parties and the arbitrator(s), executed not less than ten calendar
					 days before the first scheduled hearing date. If there are rental fees or other
					 costs involved with the hearing, those costs are to be paid by the parties in
					 equal shares, unless the parties agree otherwise. The total estimated fees and
					 costs of the arbitration shall be paid in advance to the arbitrator or placed
					 into an escrow, pursuant to the terms of the written agreement.
1. New
					 section filed 6-20-97; operative 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
Note: Authority cited: Section
						11420.20,
						Government Code. Reference: Section
						11420.20,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 3 - Arbitration › Section 1240 - Timing and Scheduling the Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Date and Time. The parties and the
				  arbitrator(s) shall confer and mutually agree on the date(s) and time(s) for
				  hearing. The date of hearing shall be scheduled to commence not more than 120
				  days after selection of the arbitrator(s). If the case is resolved before the
				  hearing date or if, due to an emergency, a participant cannot attend the
				  arbitration, the parties shall notify the arbitrator(s) immediately upon
				  learning of such settlement or emergency.
(b) The hearing may be held at any location
				  within California selected by the arbitrator(s). In selecting a location, the
				  arbitrator(s) shall consider the convenience of the parties and
				  witnesses.
1. New
					 section filed 6-20-97; operative 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
Note: Authority cited: Section
						11420.20,
						Government Code. Reference: Sections
						11420.10
						and
						11420.20,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 3 - Arbitration › Section 1242 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Discovery pursuant to California Government Code Section
					 11507.6
					 shall be commenced in arbitration cases by service of requests for discovery.
					 Parties may serve requests for discovery by regular mail or personal discovery,
					 with proof of service, to the last known address of the party served. All
					 discovery shall be concluded no less than 20 calendar days before the
					 arbitration hearing and may not be reopened after commencement of the
					 arbitration hearing except on order of the arbitrator(s) for good cause
					 shown.
1. New
					 section filed 6-20-97; operative 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
Note: Authority cited: Section
						11420.20,
						Government Code. Reference: Section
						11420.20
						and
						11507.6,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 3 - Arbitration › Section 1244 - Conference Before Arbitration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The arbitrator(s) shall schedule a brief joint conference
					 with counsel for the parties or with the parties themselves, if they are not
					 represented, at least 15 days before the arbitration hearing to discuss matters
					 such as whether the arbitration will be binding or non-binding, allocation of
					 costs and expenses, the procedures to be followed, whether supplemental written
					 material should be submitted, which witnesses will attend, how testimony will
					 be presented (including expert testimony), and whether and how the arbitration
					 will be recorded. This conference may be by telephone or any other real-time or
					 simultaneous electronic means. The arbitrator's costs associated with
					 conducting the conference shall be allocated among the parties, as determined
					 by the arbitrator.
1. New
					 section filed 6-20-97; operative 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
Note: Authority cited: Section
						11420.20,
						Government Code. Reference: Section
						11420.20,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 3 - Arbitration › Section 1246 - Statements Before Arbitration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Time for Submission. No later than 10
				  calendar days before the arbitration hearing, each party shall submit directly
				  to the arbitrator(s), and shall serve on all other parties a written
				  arbitration statement by regular mail, facsimile, or other acceptable
				  electronic means, accompanied by a proof of service.
(b) Content of Statements. The statements
				  shall be concise and shall:
(1) Summarize the
				  facts, claims, and defenses;
(2)
				  Identify the significant contested factual and legal issues, citing authority
				  on the questions of law;
(3)
				  Identify proposed witnesses; and,
(4) Identify, by name and title or status,
				  the person(s) who, in addition to counsel, will attend the arbitration as
				  representative(s) of the party.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 3 - Arbitration › Section 1248 - Attendance at Arbitration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each party and/or the party's counsel shall attend the
					 arbitration hearing. A party other than a natural person (e.g., a corporate or
					 governmental entity or association) satisfies this attendance requirement if
					 represented by a designated legal representative who has immediate access to a
					 representative of the entity. The representative of the entity shall be
					 familiar with the dispute and shall have the power and authority to enter into
					 stipulations and binding agreements on behalf of the entity.
1. New
					 section filed 6-20-97; operative 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
Note: Authority cited: Section
						11420.20,
						Government Code. Reference: Section
						11420.20,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 3 - Arbitration › Section 1250 - Authority or Arbitrators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Arbitrators shall be authorized to:
(1) Administer oaths and
				  affirmations;
(2) Make reasonable
				  rulings as are necessary for the fair, impartial, and efficient conduct of the
				  hearing including, but not limited to, granting continuances for good cause
				  shown; and,
(3) Make Statements of
				  Factual and Legal Basis, Orders, and/or Awards, as appropriate.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 3 - Arbitration › Section 1252 - Procedures at Arbitration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Presumption Against Bifurcation. Except
				  in extraordinary circumstances, the arbitrator(s) shall not bifurcate the
				  arbitration.
(b) Quorum. Where a
				  panel of three arbitrators has been selected, any two members of a panel shall
				  constitute a quorum, but the concurrence of a majority of the entire panel
				  shall be required for any action or decision by the panel, unless the parties
				  stipulate otherwise.
(c) Subpoenas.
				  Attendance of witnesses and production of documents may be compelled in
				  accordance with California Government Code Sections
				  11450.05
				  through
				  11450.50.
				  Service of subpoenas may be accomplished by personal delivery with proof of
				  service or service by certified mail, return receipt requested, postage
				  prepaid, to the last known address of the subpoenaed party.
(d) Oath and Cross-Examination. All testimony
				  shall be taken under oath or affirmation and shall be subject to reasonable
				  cross-examination. Affidavits submitted must comply with California Government
				  Code Section
				  11514.
(e) Evidence. In receiving evidence, the
				  arbitrator(s) shall be guided by California Government Code Section
				  11513, but
				  shall not thereby be precluded from receiving evidence which the arbitrator(s)
				  consider(s) relevant and trustworthy and which is not privileged.
(f) Transcript or Recording.
(1) In non-binding arbitration, the
				  proceedings shall not be recorded or reported unless otherwise agreed by all
				  parties.
(2) In binding
				  arbitration, a party may cause a transcript or recording of the proceedings to
				  be made and shall provide a copy to any other party who requests it and who
				  agrees to pay the reasonable costs of having a copy made.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 3 - Arbitration › Section 1254 - Defaults

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The absence of a party shall not be
				  grounds for continuance. If a party is not present and that party's absence is
				  not excused, the hearing may proceed and a default entered against the absent
				  party. Statements of Factual and Legal Basis, Orders and/or Awards against a
				  defaulting party may be taken only upon presentation of proof, satisfactory to
				  the arbitrator(s), that reasonably supports such action.
(b) When the matter is heard on a default
				  basis, the party not in default has the burden of proof of affirmative
				  allegations, and affirmative findings shall be based only on the express
				  admissions of the defaulted party, judicially noticeable facts, or on evidence
				  which would support findings of fact in an uncontested civil trial, or any
				  combination thereof.
(c) Default
				  constitutes a waiver of the defaulting party's rights to cross-examine
				  witnesses, or present evidence to controvert the allegations of the complaint
				  or the answer, or otherwise present any evidence.
1. New
					 section filed 6-20-97; operative 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
Note: Authority cited: Section
						11420.20,
						Government Code. Reference: Section
						11420.20,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 3 - Arbitration › Section 1256 - Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Form. The arbitrator(s) shall issue a
				  decision after a completed arbitration hearing under this regulation. The
				  decision shall be issued within 30 days after the matter is submitted and shall
				  contain Statements of Factual and Legal Basis, Orders, and/or Awards, as
				  appropriate. The decision shall be signed by the arbitrator or by at least two
				  members of a panel.
(b) Costs. An
				  arbitrator may not assess the costs of items previously agreed to in the
				  agreement to arbitrate between the parties. Costs not agreed to by contract of
				  the parties may be awarded in the arbitrator's discretion.
(c) Filing the Decision. The arbitrator(s)
				  shall file the decision with the OAH, and serve the decision on all parties,
				  including the Agency head, by regular mail, or personal delivery, with proof of
				  service, within 30 days after the matter is submitted.
(d) Effective Date of the Decision. The
				  arbitrator(s) decision shall become effective 30 days after service of the
				  decision upon the parties.
(e)
				  Non-binding Arbitration Decisions. If no party has filed a demand for
				  proceeding
de novo
pursuant to California Government Code
				  Section
				  11420.10,
				  subdivision (a)(3), the arbitrator's decision is final.
(f) Binding Arbitration Decisions. In binding
				  arbitrations, the Statements of Factual and Legal Basis, Orders and Awards of
				  the arbitrator(s) shall be final and no proceedings
de novo
are available. Chapter 4 (commencing with Section
				  1285) of Title 9, Part 3, of the
				  California Code of Civil Procedure shall control the procedures for review of a
				  decision after binding arbitration.
1. New
					 section filed 6-20-97; operative 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
Note: Authority cited: Section
						11420.20,
						Government Code. Reference: Section
						1285 et seq., Code of Civil
						Procedure; 11420.10, Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 3 - Arbitration › Section 1258 - Proceeding De Novo

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Demand. Any party to a non-binding
				  arbitration may reject the decision and request a proceeding
de
				  novo
by filing with the OAH and serving on all parties by regular
				  mail, or personal delivery, with proof of service, a demand for proceeding
de novo
within 30 calendar days after service of the
				  decision.
(b) Time for Demand. If
				  any party files with the OAH and serves the other party/parties a demand for
				  proceeding
de novo
within 30 days after service of the
				  arbitrator(s) decision, the action will proceed in the normal course of the
				  administrative proceedings before the respective board/Agency. Failure to file
				  and serve a demand for proceeding
de novo
within this 30 day
				  period waives the right to proceeding
de novo
.
(c) Disclosure. The contents of a decision
				  issued after non-binding arbitration shall not be disclosed to any judge who
				  might be assigned the case until the action is final or has otherwise been
				  terminated.
(d) Evidence. At the
				  administrative hearing's proceeding
de novo
, no evidence shall
				  be admitted concerning the conduct of the arbitration proceeding, including,
				  but not limited to, the nature of or rulings upon any motions brought during
				  the arbitration process, or the arbitration decision itself, unless:
(1) The evidence would otherwise be
				  admissible in the hearing under the California Evidence Code; or,
(2) The parties stipulate
				  otherwise.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 4 - Model Regulations for Declaratory Decisions › Section 1262 - Scope of Declaratory Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Appropriate Subjects for Declaratory
				  Decisions. An application for a Declaratory Decision may be filed to determine
				  the applicability of Agency rules, orders, statutes, or final administrative
				  decisions to a matter within the Agency's primary jurisdiction.
(b) Other Remedies Do Not Preclude
				  Declaratory Decisions. The existence of another adequate remedy at law does not
				  preclude an Agency from granting an application for a Declaratory Decision when
				  the Agency determines issuing a Declaratory Decision is appropriate.
1. New
					 section filed 6-24-97; operative 7-1-97 (Register 97, No. 26). This interim
					 regulation is exempt from most of the procedural requirements of the
					 Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
					 3.5, Division 3, Title 2, Government Code) and from review by the Office of
					 Administrative Law pursuant to Government Code sections
					 11400.20
					 and
					 11400.21
					 and will expire on December 31, 1998, unless earlier terminated or replaced by,
					 or readopted as, permanent following the procedures of the Administrative
					 Procedure Act.
2. Adoption as a permanent regulation, including
					 amendment of subsection (a) and NOTE, filed 12-21-98; operative 1-1-99 pursuant
					 to Government Code section
					 11343.4(d)
					 (Register 98, No. 52).
Note: Authority cited: Sections
						11370.5(b)
						and
						11465.70,
						Government Code. Reference: Section
						11465.20,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 4 - Model Regulations for Declaratory Decisions › Section 1264 - Application for a Declaratory Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any Person may file a written application
				  with an Agency requesting the issuance of a Declaratory Decision. An
				  application for a Declaratory Decision shall be directed to the Agency head and
				  shall be delivered personally or by certified mail. An application for a
				  Declaratory Decision shall be signed by the Applicant or by the Applicant's
				  attorney or representative, if any, and shall identify:
(1) the address and telephone number of the
				  Applicant and the address and telephone number of the Applicant's attorney or
				  representative, if any;
(2) a clear
				  and precise statement of the Situation;
(3) the Applicant's standing to raise the
				  issue or interest in the determination of the issue;
(4) the relevant rules, orders, statutes, or
				  final administrative decisions of the Agency and their potential applicability
				  to the Situation described in the application;
(5) the question or questions for which a
				  Declaratory Decision is sought;
(6)
				  whether a hearing is requested; and
(7) a good faith list of all interested
				  Persons by relevant description or by the names, addresses, and phone numbers
				  of such Persons, if available.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 4 - Model Regulations for Declaratory Decisions › Section 1266 - Initial Agency Review of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Return for Insufficient Application. The
				  Agency may return an application to an Applicant for failure to meet the
				  criteria in Regulation 1264. A return of an application is not a denial.
				  Interested parties need not be notified when an application is returned on this
				  basis.
(b) Request for Additional
				  Information. The Agency may request the Applicant to submit additional facts,
				  make a more precise statement of particular facts, or narrow the request for
				  applicability of the law to a Situation.
(c) Selection or Elimination of Issues. The
				  Agency, in its discretion, may choose to select or eliminate certain issues
				  presented in the Application for Declaratory Decision.
1. New
					 section filed 6-24-97; operative 7-1-97 (Register 97, No. 26). This interim
					 regulation is exempt from most of the procedural requirements of the
					 Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
					 3.5, Division 3, Title 2, Government Code) and from review by the Office of
					 Administrative Law pursuant to Government Code sections
					 11400.20
					 and
					 11400.21
					 and will expire on December 31, 1998, unless earlier terminated or replaced by,
					 or readopted as, permanent following the procedures of the Administrative
					 Procedure Act.
2. Adoption as a permanent regulation, including
					 amendment of subsection (a) and NOTE, filed 12-21-98; operative 1-1-99 pursuant
					 to Government Code section
					 11343.4(d)
					 (Register 98, No. 52).
Note: Authority cited: Sections
						11370.5(b)
						and
						11465.70,
						Government Code. Reference: Section
						11465.20,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 4 - Model Regulations for Declaratory Decisions › Section 1270 - Agency Notice of Application for Declaratory Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 30 days of a receipt of an application for
					 Declaratory Decision, if the application is not returned pursuant to Regulation
					 1266(a), an Agency must give notice of application receipt to all Persons to
					 whom notice is required by law. This requirement may be satisfied by completing
					 the notice requirements in Regulation 1276 within 30 days of receipt of an
					 application and at least 45 days before issuing a Declaratory Decision.
1. New
					 section filed 6-24-97; operative 7-1-97 (Register 97, No. 26). This interim
					 regulation is exempt from most of the procedural requirements of the
					 Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
					 3.5, Division 3, Title 2, Government Code) and from review by the Office of
					 Administrative Law pursuant to Government Code sections
					 11400.20
					 and
					 11400.21
					 and will expire on December 31, 1998, unless earlier terminated or replaced by,
					 or readopted as, permanent following the procedures of the Administrative
					 Procedure Act.
2. Adoption as a permanent regulation, including
					 amendment of section and NOTE, filed 12-21-98; operative 1-1-99 pursuant to
					 Government Code section
					 11343.4(d)
					 (Register 98, No. 52).
Note: Authority cited: Sections
						11370.5(b)
						and
						11465.70,
						Government Code. Reference: Section
						11465.30,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 4 - Model Regulations for Declaratory Decisions › Section 1272 - Initial Decision to Consider Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Agency determines an application for a Declaratory
					 Decision should be considered, the Agency shall grant the application and shall
					 commence a Declaratory Decision Proceeding by giving notice as specified in
					 Regulation 1276.
1. New
					 section filed 6-24-97; operative 7-1-97 (Register 97, No. 26). This interim
					 regulation is exempt from most of the procedural requirements of the
					 Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
					 3.5, Division 3, Title 2, Government Code) and from review by the Office of
					 Administrative Law pursuant to Government Code sections
					 11400.20
					 and
					 11400.21
					 and will expire on December 31, 1998, unless earlier terminated or replaced by,
					 or readopted as, permanent following the procedures of the Administrative
					 Procedure Act.
2. Adoption as a permanent regulation, including
					 amendment of NOTE, filed 12-21-98; operative 1-1-99 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 98, No. 52).
Note: Authority cited: Sections
						11370.5(b)
						and
						11465.70,
						Government Code. Reference: Section
						11465.10,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 4 - Model Regulations for Declaratory Decisions › Section 1274 - Denial of Application; Application Denied After Commencement of Declaratory Decision Proceeding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A decision not to issue a Declaratory
				  Decision is within the discretion of the Agency. An Agency's failure to take
				  action within 60 days of receipt of an application constitutes non-acceptance
				  of the application.
(b) If the
				  Agency determines a Declaratory Decision should not be issued because the
				  application does not involve the validity of any Agency regulation or the
				  application of rules, orders, statutes, or final administrative decisions to a
				  matter within the Agency's primary jurisdiction, the Agency shall, within 60
				  days of receipt of the application, deny the application.
(c) The Agency shall deny the application if,
				  after commencement of a Declaratory Decision Proceeding, the Agency determines
				  that:
(1) undisputed facts sufficient to
				  support a meaningful Declaratory Decision do not exist;
(2) the subject matter of the application is
				  also the subject of pending administrative or judicial proceedings;
(3) no question or issue could arise
				  concerning the application of rules, regulations, orders, statutes, or final
				  administrative decisions on a matters within the primary jurisdiction of the
				  Agency; or
(4) any of the factors
				  in Government Code section
				  11465.20(b)
				  apply.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 4 - Model Regulations for Declaratory Decisions › Section 1276 - Agency Notice of Declaratory Decision Proceeding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) 45 Day Notice Required Before Issuing a
				  Declaratory Decision. Within 60 days of receipt of an application and at least
				  45 days before a hearing is held in a Declaratory Decision Proceeding or, when
				  no hearing is held, at least 45 days before issuing a Declaratory Decision, the
				  Agency shall serve on the Applicant and any other party and shall mail notice
				  of the Declaratory Decision Proceeding to the following:
(1) every Person who has requested notice
				  under Regulation 1278 of this Article or who has a known interest in the
				  subject matter of the Declaratory Decision Proceeding;
(2) every Person who the Agency believes may
				  be entitled to party status or intervenor status;
(3) every Person who is identified by the
				  Applicant as an interested party under Regulation 1264 herein;
(4) every Person to whom notice is required
				  by any provision of law; and
(5)
				  any other Person within the Agency's discretion. In making a decision to notify
				  other Persons concerning its intent to issue a Declaratory Decision, the Agency
				  may consider such factors as:
(A) whether
				  additional public participation would aid in reaching a decision;
(B) whether the property or personal rights
				  of such other Persons might be directly affected by the requested ruling;
				  and
(C) whether the proposed
				  Declaratory Decision would affect the application or interpretation of other
				  rules, orders, statutes, or final administrative decisions on matters within
				  the primary jurisdiction of the Agency in which other Persons would be
				  interested.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 4 - Model Regulations for Declaratory Decisions › Section 1278 - Requests for Notice of Declaratory Decision Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any Person may request an Agency to provide notice of
					 commencement of, or other action concerning, a Declaratory Decision Proceeding.
					 Any request for such notice shall be in writing and shall be directed to the
					 Agency head. Requests shall be renewed annually.
1. New
					 section filed 6-24-97; operative 7-1-97 (Register 97, No. 26). This interim
					 regulation is exempt from most of the procedural requirements of the
					 Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
					 3.5, Division 3, Title 2, Government Code) and from review by the Office of
					 Administrative Law pursuant to Government Code sections
					 11400.20
					 and
					 11400.21
					 and will expire on December 31, 1998, unless earlier terminated or replaced by,
					 or readopted as, permanent following the procedures of the Administrative
					 Procedure Act.
2. Adoption as a permanent regulation, including
					 amendment of section and NOTE, filed 12-21-98; operative 1-1-99 pursuant to
					 Government Code section
					 11343.4(d)
					 (Register 98, No. 52).
Note: Authority cited: Sections
						11370.5(b)
						and
						11465.70,
						Government Code. Reference: Sections
						11405.40
						and
						11465.30,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 4 - Model Regulations for Declaratory Decisions › Section 1280 - Right to Dissent or Submit Written Comments to the Agency; Availability of Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Person who does not consent to a
				  Declaratory Decision Proceeding shall submit a protest or dissent in writing
				  within 25 days of the date of the notice specified in Regulations 1270 or 1276.
				  Failure to dissent within this time period shall be deemed a waiver.
(b) All Persons receiving notice of the
				  Declaratory Decision Proceeding, including all members of the public responding
				  to a published notice of the Declaratory Decision Proceeding, may submit
				  written comments to the Agency concerning the Declaratory Decision Proceeding
				  within 25 days of the notice in Regulations 1270 or 1276 or a specified by the
				  Agency.
(c) Written comments shall
				  be directed to the Agency head or Agency contact person, shall be signed by the
				  Person filing the comment or by his attorney or other representative, if any,
				  and shall contain the name and telephone number of the Person filing the
				  comment or his attorney or other representative. Written comments shall be
				  delivered personally or by mail.
(d) The Agency shall provide copies of all
				  written comments to the Applicant and to other parties to the proceeding. Other
				  interested persons requesting copies of the comments may be charged reasonable
				  duplication fees by the Agency.
1. New
					 section filed 6-24-97; operative 7-1-97 (Register 97, No. 26). This interim
					 regulation is exempt from most of the procedural requirements of the
					 Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
					 3.5, Division 3, Title 2, Government Code) and from review by the Office of
					 Administrative Law pursuant to Government Code sections
					 11400.20
					 and
					 11400.21
					 and will expire on December 31, 1998, unless earlier terminated or replaced by,
					 or readopted as, permanent following the procedures of the Administrative
					 Procedure Act.
2. Adoption as a permanent regulation, including
					 amendment of subsection (c) and NOTE, filed 12-21-98; operative 1-1-99 pursuant
					 to Government Code section
					 11343.4(d)
					 (Register 98, No. 52).
Note: Authority cited: Sections
						11370.5(b)
						and
						11465.70,
						Government Code. Reference: Sections
						11405.40
						and
						11465.20,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 4 - Model Regulations for Declaratory Decisions › Section 1282 - Request to Become a Party or an Intervenor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 25 days of notice of an application for Declaratory
					 Decision or the Agency's commencement of a Declaratory Decision Proceeding, any
					 Person may file a request with the Agency head or Agency contact person to
					 become a party or intervenor in the Declaratory Decision Proceeding. The Agency
					 head may, within his or her discretion, grant party status to any Person
					 similarly situated to the Applicant and shall grant intervenor status to any
					 Person who will likely be directly affected by the Declaratory Decision.
1. New
					 section filed 6-24-97; operative 7-1-97 (Register 97, No. 26). This interim
					 regulation is exempt from most of the procedural requirements of the
					 Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
					 3.5, Division 3, Title 2, Government Code) and from review by the Office of
					 Administrative Law pursuant to Government Code sections
					 11400.20
					 and
					 11400.21
					 and will expire on December 31, 1998, unless earlier terminated or replaced by,
					 or readopted as, permanent following the procedures of the Administrative
					 Procedure Act.
2. Adoption as a permanent regulation, including
					 amendment of section and NOTE, filed 12-21-98; operative 1-1-99 pursuant to
					 Government Code section
					 11343.4(d)
					 (Register 98, No. 52).
Note: Authority cited: Sections
						11370.5(b)
						and
						11465.70,
						Government Code. Reference: Section
						11405.40,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 4 - Model Regulations for Declaratory Decisions › Section 1284 - Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Hearings. The Agency may direct a hearing
				  to be held in a Declaratory Decision Proceeding whenever the Agency determines
				  such a hearing would be helpful in issuing a Declaratory Decision or to
				  determine if the Person filing the application, the parties, the intervenors,
				  and other Persons directly affected by the Declaratory Decision agree on a set
				  of undisputed facts sufficient to support a meaningful Declaratory Decision; to
				  confirm the matter is not the subject of a pending adjudication; or to verify a
				  genuine controversy exists.
(b)
				  Hearing Procedure. When the Agency determines to hold a hearing, unless an
				  Applicant, party, or intervenor waives the opportunity to be heard, the Agency,
				  the Applicant, the parties, the intervenors and, at the Agency's discretion,
				  any other interested Person, may each be permitted equal time in the discretion
				  of the Agency to make oral presentations. No cross-examination will be
				  permitted. Parties may stipulate to additional facts or information to assist
				  the Agency's understanding of the Situation. The hearing need not be reported
				  by a stenographic reporter, but in that instance a written summary of each oral
				  presentation must be submitted at the hearing.
1. New
					 section filed 6-24-97; operative 7-1-97 (Register 97, No. 26). This interim
					 regulation is exempt from most of the procedural requirements of the
					 Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
					 3.5, Division 3, Title 2, Government Code) and from review by the Office of
					 Administrative Law pursuant to Government Code sections
					 11400.20
					 and
					 11400.21
					 and will expire on December 31, 1998, unless earlier terminated or replaced by,
					 or readopted as, permanent following the procedures of the Administrative
					 Procedure Act.
2. Adoption as a permanent regulation, including
					 amendment of NOTE, filed 12-21-98; operative 1-1-99 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 98, No. 52).
Note: Authority cited: Sections
						11370.5(b)
						and
						11465.70,
						Government Code. Reference: Sections
						11465.10
						and
						11465.40,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 4 - Model Regulations for Declaratory Decisions › Section 1286 - Declaratory Decision Proceeding Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Agency shall keep, in accordance with
				  the State Records Management Act (Government Code, Title 2, Division 3, Part
				  5.5, Chapter 5 (Commencing with Section
				  14740), a record of each
				  Declaratory Decision Proceeding, which shall include, but not be limited to:
(1) the application for a Declaratory
				  Decision;
(2) all written comments
				  filed with the Agency;
(3) any
				  further stipulations of undisputed facts;
(4) if a hearing is held, a transcript of the
				  hearing or, in the absence of a transcript, the summaries of the oral
				  presentations submitted by each presenter;
(5) any other records, as defined in
				  Government Code Section
				  14741,
				  considered by the Agency in issuing the Declaratory Decision; and,
(6) the written Declaratory Decision, which
				  shall contain a statement of undisputed facts and a determination of the
				  issues, and the Agency's reason(s) for reaching the determination.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 4 - Model Regulations for Declaratory Decisions › Section 1288 - Issuance and Service of a Declaratory Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Declaratory Decision shall be based
				  on the statement of undisputed facts submitted by the parties, written
				  comments, oral presentations, and any other matters deemed appropriate by the
				  Agency.
(b) A copy of the Agency's
				  written Declaratory Decision shall be served upon the Applicant and upon every
				  party. Service of a Declaratory Decision may be by personal delivery or mail or
				  other means to the last known address of a Person.
(c) The Agency shall make the Declaratory
				  Decision available, and send either the decision itself or notice of how to
				  receive the decision to every intervenor or Person who filed comments, to any
				  party given notice of the Application under Regulation 1270, and to any to
				  party requesting notice under Regulation 1278 of this Article.
1. New
					 section filed 6-24-97; operative 7-1-97 (Register 97, No. 26). This interim
					 regulation is exempt from most of the procedural requirements of the
					 Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
					 3.5, Division 3, Title 2, Government Code) and from review by the Office of
					 Administrative Law pursuant to Government Code sections
					 11400.20
					 and
					 11400.21
					 and will expire on December 31, 1998, unless earlier terminated or replaced by,
					 or readopted as, permanent following the procedures of the Administrative
					 Procedure Act.
2. Adoption as a permanent regulation, including
					 amendment of NOTE, filed 12-21-98; operative 1-1-99 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 98, No. 52).
Note: Authority cited: Sections
						11370.5(b)
						and
						11465.70,
						Government Code. Reference: Section
						11440.20,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 4 - Model Regulations for Declaratory Decisions › Section 1290 - The Effect of a Declaratory Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Declaratory Decision binds the Agency, the Applicant, and
					 any other parties to the Proceeding to the determination of issues reached in
					 the Declaratory Decision. Pursuant to Government Code section
					 11425.60,
					 a Declaratory Decision may be given precedential effect, if the agency so
					 designates. Nothing shall prevent the Agency from prospectively changing a
					 Declaratory Decision by regulation or by subsequent Declaratory
					 Decision.
1. New
					 section filed 6-24-97; operative 7-1-97 (Register 97, No. 26). This interim
					 regulation is exempt from most of the procedural requirements of the
					 Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
					 3.5, Division 3, Title 2, Government Code) and from review by the Office of
					 Administrative Law pursuant to Government Code sections
					 11400.20
					 and
					 11400.21
					 and will expire on December 31, 1998, unless earlier terminated or replaced by,
					 or readopted as, permanent following the procedures of the Administrative
					 Procedure Act.
2. Adoption as a permanent regulation, including
					 amendment of section and NOTE, filed 12-21-98; operative 1-1-99 pursuant to
					 Government Code section
					 11343.4(d)
					 (Register 98, No. 52).
Note: Authority cited: Sections
						11370.5(b)
						and
						11465.70,
						Government Code. Reference: Section
						11425.60
						and
						11465.60,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 3 - Agency Alternatives to Formal Hearings-Alternative Dispute Resolution › Article 4 - Model Regulations for Declaratory Decisions › Section 1292 - Judicial Review of a Declaratory Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Agency's refusal or failure to issue a
				  Declaratory Decision is not subject to judicial review.
(b) A Declaratory Decision is subject to
				  judicial review in the same manner as the Agency's final decision or order in a
				  contested adjudicative proceeding.
(c) Nothing in this regulation authorizes
				  judicial review without exhaustion of other applicable administrative remedies,
				  if any.
1. New
					 section filed 6-24-97; operative 7-1-97 (Register 97, No. 26). This interim
					 regulation is exempt from most of the procedural requirements of the
					 Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
					 3.5, Division 3, Title 2, Government Code) and from review by the Office of
					 Administrative Law pursuant to Government Code sections
					 11400.20
					 and
					 11400.21
					 and will expire on December 31, 1998, unless earlier terminated or replaced by,
					 or readopted as, permanent following the procedures of the Administrative
					 Procedure Act.
2. Adoption as a permanent regulation, including
					 amendment of subsections (b) and (c) and amendment of NOTE, filed 12-21-98;
					 operative 1-1-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 52).
Note: Authority cited: Sections
						11370.5(b)
						and
						11465.70,
						Government Code. Reference: Section
						11465.20
						and
						11465.60,
						Government Code.