reglab/statecodes huggingface dataset:
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 1 - State Agency Reports and Forms Appeal Procedure › Section 1108 - Waiver of Hearting; Document Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Appellant may elect to submit the matter for decision based
					 entirely upon documentary evidence, including declarations. This election may
					 be made on FORM 11380-1 or by calling the Office at least five business days
					 before the hearing.
1. New
					 section filed 9-2-97; operative 10-2-97 (Register 97, No. 36).
Note: Authority cited: Section
						11380(b),
						Government Code. Reference: Sections
						11380 and
						14775,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 1 - State Agency Reports and Forms Appeal Procedure › Section 1110 - Location of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hearings shall be held, or documents reviewed, in the
					 Office where Appellant files the appeal.
1. New
					 section filed 9-2-97; operative 10-2-97 (Register 97, No. 36).
Note: Authority cited: Section
						11380(b),
						Government Code. Reference: Sections
						11380 and
						14775,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 1 - State Agency Reports and Forms Appeal Procedure › Section 1112 - Recording of Hearing and Transcription

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Hearings conducted under the appeal
				  procedure established under Government Code §
										11380
				  shall be reported in accordance with Government Code §
										11512(d).
(b) Cost of transcription, or reproduction of
				  any electronic recording, if requested, shall be borne by the party making the
				  request.
(c) Upon a written request
				  and at the discretion of the ALJ, and party may also record the hearing at his
				  or her own expense. However, any transcript prepared from the private recording
				  will not be an official transcript of the proceedings.
(d) Copies of the OAH hearing tapes or
				  non-OAH certified transcripts therefrom are not part of the official
				  record.
(e) Any party, within 20
				  days of the date of mailing of the transcript, or longer for good cause shown
				  and in the discretion of the ALJ, may file with the ALJ a notice in writing of
				  any claimed error and shall mail a copy of this notice to each party of record.
				  Other parties may oppose any claimed error within 7 days of their receipt of
				  the notice of claimed error, or longer for good cause shown and in the
				  discretion of the ALJ, by notifying the ALJ and other parties of record. The
				  ALJ will advise all parties of any authorized corrections to the
				  record.
1. New
					 section filed 9-2-97; operative 10-2-97 (Register 97, No. 36).
Note: Authority cited: Section
						11380(b),
						Government Code. Reference: Sections
						11512,
						11380 and
						14775,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 1 - State Agency Reports and Forms Appeal Procedure › Section 1114 - Appeal Decision; Award of Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The ALJ shall issue a decision to grant or deny, in whole
					 or in part, the Appellant's challenge at the conclusion of the hearing whenever
					 possible or within 15 days of submission of the matter for document review. The
					 ALJ may prepare the order or direct a party or parties to submit proposed
					 orders. When directed by the ALJ, a party or representative shall prepare a
					 proposed order and shall submit it to all parties for approval as to form
					 before filing it with the ALJ.
1. New
					 section filed 9-2-97; operative 10-2-97 (Register 97, No. 36).
Note: Authority cited: Section
						11380(b),
						Government Code. Reference: Sections
						11380 and
						14775,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 2 - Appeal Procedure for Child Care and Development Contract Disputes › Section 1120 - Time Deadlines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following time deadlines shall be observed:
(a) Any petition submitted by a local
				  contracting agency pursuant to Education Code Section
				  8402 shall
				  be filed with the State Department of Education within 15 days after service of
				  the written notice of action required by Education Code Section
				  8406.
(b) The Office of Administrative Hearings
				  shall schedule a hearing on the petition filed by a local contracting agency to
				  commence no later than 30 days following the date that such petition is
				  received by the State Department of Education. Upon agreement of the parties,
				  and with consent of the Office of Administrative Hearings upon showing of good
				  cause, the 30-day period within which the hearing must start may be
				  extended.
(c) The Office of
				  Administrative Hearings shall prepare and issue a final decision within 30 days
				  following the date the case is submitted by the parties.
1. New
					 Subchapter 2 (Sections
					 201-207) filed 5-2-84; effective
					 upon filing pursuant to Government Code Section
					 11346.2(d)
					 (Register 84, No. 18). For history of former Subchapter 2, see Registers 83,
					 No. 3; 81, No. 6; 78, No. 25; and 77, No. 28.
2. Change without
					 regulatory effect adding new chapter 2 heading, redesignating former chapter 2
					 to new article 2, and renumbering former section
					 201 to new section
					 1120 filed 7-11-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 28).
Note: Authority cited: Section
						8404,
						Education Code. Reference: Sections
						8402,
						8403,
						8405 and
						8406,
						Education Code; and Sections
						11505 and
						11517,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 2 - Appeal Procedure for Child Care and Development Contract Disputes › Section 1121 - Notice to Affected Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a petition from a local
				  contracting agency submitted pursuant to Education Code Section
				  8402, the
				  State Department of Education shall have ten (10) days to do all of the
				  following:
(1) Request the Office of
				  Administrative Hearings in Sacramento to hold a hearing on the
				  petition.
(2) Transmit the petition
				  to the Office of Administrative Hearings in Sacramento.
(3) Transmit a copy of the original notice of
				  action sent to the local contracting agency under Education Code Section
				  8406 to the
				  Office of Administrative Hearings in Sacramento.
(4) Submit the name, address, and telephone
				  number of the State Department of Education's authorized representative for the
				  proceeding to the Office of Administrative Hearings in Sacramento.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 2 - Appeal Procedure for Child Care and Development Contract Disputes › Section 1122 - Recording of Hearing and Transcription

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hearings conducted under the appeal procedure authorized by
					 Education Code Section
					 8402 may be
					 electronically recorded upon the consent of all the parties; otherwise, the
					 proceedings shall be reported by a phonographic reporter. The Office of
					 Administrative Hearings shall arrange for any such electronic recording or
					 phonographic reporting. Cost of transcription, if requested, shall be borne by
					 the party making such request and shall be assessed in accordance with rates
					 for such services determined by the Department of General Services.
1. Change
					 without regulatory effect renumbering former section
					 203 to new section
					 1122 filed 7-11-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 28).
Note: Authority cited: Section
						8404,
						Education Code. Reference: Sections
						8402,
						8403 and
						8404,
						Education Code; and Section
						11370.4,
						Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 2 - Appeal Procedure for Child Care and Development Contract Disputes › Section 1123 - Hearing Sites

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the request of either party, a
				  hearing on a petition filed by a local contracting agency pursuant to Education
				  Code Section
				  8402 shall
				  be heard in the Los Angeles office of the Office of Administrative Hearings,
				  provided:
(1) the local contracting agency
				  resides within or the contract has been, or is being, performed within the
				  counties of Santa Barbara, Ventura, Los Angeles, Inyo, San Bernardino,
				  Riverside, Orange, San Diego, or Imperial, and
(2) the total amount of all child care and
				  development contracts between the local contracting agency and the State
				  Department of Education does not equal or exceed $200,000.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 2 - Appeal Procedure for Child Care and Development Contract Disputes › Section 1124 - Contents of Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A petition by a local contracting agency requesting a
					 hearing under the provisions of Education Code Section
					 8402 shall
					 be submitted in writing to the State Department of Education and contain the
					 following information:
(a) A clear and
				  concise statement of what action taken by the State Department of Education is
				  being appealed.
(b) The name,
				  address and telephone number of the local contracting agency's authorized
				  representative for the proceeding.
1. Change
					 without regulatory effect renumbering former section
					 205 to new section
					 1124 filed 7-11-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 28).
Note: Authority cited: Section
						8404,
						Education Code. Reference: Sections
						8402 and
						8404,
						Education Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 2 - Appeal Procedure for Child Care and Development Contract Disputes › Section 1125 - Notice of Representation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Parties shall at all times keep the Office of
					 Administrative Hearings currently advised as to any change in or substitution
					 of representation or any change in the address or telephone number of its
					 representative.
1. Change
					 without regulatory effect renumbering former section
					 206 to new section
					 1125 filed 7-11-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 28).
Note: Authority cited: Section
						8404,
						Education Code. Reference: Sections
						8402 and
						8404,
						Education Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 2 - Appeal Procedure for Child Care and Development Contract Disputes › Section 1126 - Lack of Jurisdiction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever at any stage of the proceeding the Office of
					 Administrative Hearings determines, by motion or suggestion of a party or on
					 its own initiative, that the action taken by the State Department of Education
					 which is challenged by the petition is not within the jurisdiction granted by
					 Education Code Section
					 8402, the
					 hearing on the petition shall proceed no further and the appeal shall be
					 dismissed. The decision to dismiss shall be confirmed in writing and set forth
					 the reason(s) for dismissal.
1. Change
					 without regulatory effect renumbering former section
					 207 to new section
					 1126 filed 7-11-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 28).
Note: Authority cited: Section
						8404,
						Education Code. Reference: Sections
						8402 and
						8404,
						Education Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 3 - Appeal Procedure for Direct Service Contract Disputes Between Private, Non-Profit Human Service Organizations and Health and Welfare Agency and Its Component Departments › Section 1140 - Time Deadlines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following time deadlines shall be observed:
(a) Any petition submitted pursuant to Health
				  and Safety Code Section
				  38061
				  shall be filed with either the Health and Welfare Agency, or the component
				  department within that Agency, whichever is involved in the direct service
				  contractual dispute. The petition shall be filed within 30 days after
				  exhaustion of the grievance procedure established in accordance with Health and
				  Safety Code Section
				  38036.
(b) The Office of Administrative Hearings
				  shall schedule a hearing on the petition filed by a private, non-profit human
				  service organization to commence no later than 30 days following the date that
				  such petition is received by the Health and Welfare Agency or the component
				  department within that Agency. The Office of Administrative Hearings, upon a
				  showing of good cause, may extend the 30 day period within which the hearing
				  must start.
(c) The Office of
				  Administrative Hearings shall prepare and issue a proposed decision within 30
				  days following the date the case is submitted by the parties. The proposed
				  decision shall be transmitted to the Health and Welfare Agency, or the
				  component department within that Agency, whichever is involved in the direct
				  service contractual dispute. The proposed decision shall be in such form that
				  it may be adopted as the decision in the case.
1. New
					 Subchapter 2.5 (Sections
					 251-259) filed 6-4-84; effective
					 upon filing pursuant to Government Code Section
					 11346.2(d)
					 (Register 84, No. 23).
2. Change without regulatory effect
					 redesignating former chapter 2.5 to new article 3, and renumbering former
					 section 251 to new section
					 1140 filed 7-11-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 28).
Note: Authority cited: Section
						38065,
						Health and Safety Code. Reference: Sections
						38057,
						38060,
						38061
						and
						38065,
						Health and Safety Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 3 - Appeal Procedure for Direct Service Contract Disputes Between Private, Non-Profit Human Service Organizations and Health and Welfare Agency and Its Component Departments › Section 1141 - Notice to Affected Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a petition from a
				  private, non-profit human service organization appealing one or more of the
				  circumstances set forth in Health and Safety Code Section
				  38061,
				  the Health and Welfare Agency or its component department involved in the
				  dispute shall have ten (10) days to do all of the following:
(1) Request the Office of Administrative
				  Hearings in Sacramento to hold a hearing on the petition.
(2) Transmit the petition to the Office of
				  Administrative Hearings in Sacramento.
(3) Transmit a copy of any final written
				  decision sent to the private, non-profit human service organization as part of
				  a grievance procedure established in accordance with Section
				  38036
				  of the Health and Safety Code to the Office of Administrative Hearings in
				  Sacramento.
(4) Submit the name,
				  address, and telephone number of the State's authorized representative for the
				  proceeding to the Office of Administrative Hearings in Sacramento.
(5) Contact the Office of Administrative
				  Hearings in Sacramento with a list of potential hearing dates, mutually
				  acceptable to the parties, which are within the time frame established by
				  Regulation 1140(b).
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 3 - Appeal Procedure for Direct Service Contract Disputes Between Private, Non-Profit Human Service Organizations and Health and Welfare Agency and Its Component Departments › Section 1142 - Recording of Hearing and Transcription

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hearings conducted under the appeal procedure established
					 under Health and Safety Code Section
					 38057
					 shall be electronically recorded. The Office of Administrative Hearings shall
					 arrange for any such electronic recording. Cost of transcription or
					 reproduction of the electronic recording, if requested, shall be borne by the
					 party making such request.
1. Change
					 without regulatory effect renumbering former section
					 253 to new section
					 1142 filed 7-11-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 28).
Note: Authority cited: Section
						38065,
						Health and Safety Code. Reference: Section
						38065,
						Health and Safety Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 3 - Appeal Procedure for Direct Service Contract Disputes Between Private, Non-Profit Human Service Organizations and Health and Welfare Agency and Its Component Departments › Section 1143 - Hearing Sites

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A hearing on a petition filed by a private, non-profit
					 human service organization shall be held in the San Francisco office of the
					 Office of Administrative Hearings if the transaction occurred or the
					 organization resides within the First Appellate District, be held in the Los
					 Angeles office of the Office of Administrative Hearings if the transaction
					 occurred or the organization resides within the Second or Fourth Appellate
					 District, and be held in the Sacramento office of the Office of Administrative
					 Hearings if the transaction occurred or the organization resides within the
					 Third or Fifth Appellate District. The parties may also, by mutual agreement,
					 select another office of the Office of Administrative Hearings as the hearing
					 site.
1. Change
					 without regulatory effect renumbering former section
					 254 to new section
					 1143 filed 7-11-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 28).
Note: Authority cited: Section
						38065,
						Health and Safety Code. Reference: Section
						38065,
						Health and Safety Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 3 - Appeal Procedure for Direct Service Contract Disputes Between Private, Non-Profit Human Service Organizations and Health and Welfare Agency and Its Component Departments › Section 1144 - Contents of Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A petition by a private, non-profit human service
					 organization requesting a hearing authorized by the provisions of Health and
					 Safety Code Section
					 38057
					 shall be submitted in writing to the Health and Welfare Agency or its component
					 department, whichever is involved in the direct service contractual dispute,
					 and contain the following information:
(a) A clear and concise statement of what
				  action taken by the Health and Welfare Agency or its component department,
				  whichever is involved in the direct service contractual dispute, is being
				  appealed.
(b) The reason(s) the
				  action(s) taken by the Health and Welfare Agency or its component department is
				  (are) not correct.
(c) The name,
				  address and telephone number of the private non-profit human service
				  organization's authorized representative for the proceeding.
1. Change
					 without regulatory effect renumbering former section
					 255 to new section
					 1144 filed 7-11-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 28).
Note: Authority cited: Section
						38065,
						Health and Safety Code. Reference: Section
						38065,
						Health and Safety Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 3 - Appeal Procedure for Direct Service Contract Disputes Between Private, Non-Profit Human Service Organizations and Health and Welfare Agency and Its Component Departments › Section 1145 - Notice of Representation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Parties shall at all times keep the Office of
					 Administrative Hearings currently advised as to any change in or substitution
					 of representation or any change in the address or telephone number of its
					 representative.
1. Change
					 without regulatory effect renumbering former section
					 256 to new section
					 1145 filed 7-11-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 28).
Note: Authority cited: Section
						38065,
						Health and Safety Code. Reference: Section
						38065,
						Health and Safety Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 3 - Appeal Procedure for Direct Service Contract Disputes Between Private, Non-Profit Human Service Organizations and Health and Welfare Agency and Its Component Departments › Section 1146 - Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A hearing officer may issue subpoenas and
				  subpoenas duces tecum at the request of any party for attendance or production
				  of documents at the hearing. Compliance with the provisions of Section
				  1985
				  of the Code of Civil Procedure shall be a condition precedent to the issuance
				  of a subpoena duces tecum.
(b) All
				  witnesses appearing pursuant to subpoena, other than the parties or officers or
				  employees of the State, shall receive fees, and all witnesses appearing
				  pursuant to subpoena, except the parties, shall receive mileage in the same
				  amount and under the same circumstances as set forth in Government Code Section
				  68093.
				  Fees and mileage shall be paid by the party at whose request the witness is
				  subpoenaed.
1. Change
					 without regulatory effect renumbering former section
					 257 to new section
					 1146 filed 7-11-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 28).
Note: Authority cited: Section
						38065,
						Health and Safety Code. Reference: Sections
						38060
						and
						38065,
						Health and Safety Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 3 - Appeal Procedure for Direct Service Contract Disputes Between Private, Non-Profit Human Service Organizations and Health and Welfare Agency and Its Component Departments › Section 1148 - Powers and Responsibilities of the Office of Administrative Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An Office of Administrative Hearings hearing officer shall
					 have the following powers when conducting a hearing on an appeal by a private,
					 non-profit human service organization:
(a) take all steps necessary to conduct an
				  orderly hearing;
(b) issue
				  appropriate orders;
(c) rule on
				  requests and motions;
(d) grant
				  extensions of time, upon showing of good cause;
(e) examine witnesses;
(f) remand case for further action by the
				  State;
(g) recommend dismissal of a
				  case for failure to exhaust available administrative remedies, for failure to
				  appeal upon one of the specific grounds set forth in Health and Safety Code
				  Section
				  38061,
				  or other appropriate reasons; and
(h) waive or modify these rules to
				  accommodate the needs in a specific case, upon notice to and agreement of the
				  parties.
1. Change
					 without regulatory effect renumbering former section
					 259 to new section
					 1148 filed 7-11-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 28).
Note: Authority cited: Section
						38065,
						Health and Safety Code. Reference: Sections
						38057,
						38060,
						38061
						and
						38065,
						Health and Safety 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 1 - General Provisions › Section 1200 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This chapter applies to disputes which
				  are the subject of adjudicative proceedings.
(b) These regulations shall be effective July
				  1, 1997, and shall be construed to encourage the fair and expeditious
				  resolution of disputes.
(c) If an
				  agency by regulation provides inconsistent rules or provides that these
				  regulations are not applicable to that agency's proceedings, these regulations
				  will not govern.
1.
					 Renumbering of former chapter 3 (sections
					 300-393) to new chapter 4 (sections
					 1300-1393) and new chapter 3
					 (articles 1-3, sections
					 1200-1258), article 1 (sections
					 1200-1210) 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
						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 1 - General Provisions › Section 1202 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of Alternative Dispute (ADR) is to provide a
					 less expensive and more satisfying alternative to administrative adjudication
					 without diminishing the quality of justice or the parties' right to a
					 hearing.
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 1 - General Provisions › Section 1204 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Agency or Agencies" refers to any agency
				  subject to §
										11410.20
				  of the Government Code.
(b)
				  "Alternative dispute resolution" or "ADR" is a method, procedure, or technique
				  used in lieu of traditional or formal adjudication to voluntarily resolve a
				  dispute. As used in this chapter, ADR refers to mediation, non-binding
				  arbitration, and binding arbitration.
(c) "Neutral" refers to an impartial third
				  party who functions as a mediator or an arbitrator.
(d) "OAH" refers to the Office of
				  Administrative Hearings in Sacramento which is the organization responsible for
				  the administration of ADR under these regulations.
(e) Unless otherwise specified, all section
				  references are to this chapter, Title 1, California Code of Regulations,
				  Sections 1200 et seq.
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
						11410.20,
						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 1 - General Provisions › Section 1206 - Referral to ADR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Request by Party Other Than Agency. Any
				  party, other than the Agency, interested in resolving a dispute may request ADR
				  by applying to an Agency's Executive Officer, Director, or Agency designee. The
				  application shall contain:
(1) an election to
				  mediate, to arbitrate, or to use either or both procedures; and
(2) the names, addresses, telephone and fax
				  numbers or other appropriate electronic communication addresses or numbers of
				  all parties to the dispute and those who represent them, if known.
Filing an application constitutes consent to Agency
					 referral of the dispute to ADR. Filing an application shall not stay any
					 pending proceeding and shall have no effect on any procedural or substantive
					 right of any party to the dispute, except as provided below.
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 1 - General Provisions › Section 1208 - Standards of Conduct for Neutrals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any Neutral participating in mediation or arbitration
					 pursuant to these regulations shall comply in good faith with these standards.
					 A Neutral shall indicate compliance on the Neutral's résumé by
					 appending the Neutral's signature on the sentence "I agree to comply with the
					 California statutes and regulations governing ADR, including Government Code
					 Sections
					 11420.10
					 through
					 11420.30
					 and regulations
					 1 CCR
					 1200 et seq. (Title 1, Division 2, Chapter
					 3)."
(a) Qualifications of a Neutral.
				  Neutrals shall adhere to the highest standards of integrity, impartiality, and
				  professional competence in rendering their professional service.
(1) Impartiality & Full Disclosure. A
				  Neutral shall maintain impartiality toward all parties. Impartiality means
				  freedom from favoritism or bias either by word or by action, and a commitment
				  to serve equally the interests of all participants. No person shall serve as a
				  Neutral in any dispute in which that person, that person's spouse, or immediate
				  family has any financial or personal interest in the result of the mediation or
				  arbitration, except by written consent of all parties. Upon accepting an
				  appointment, the prospective Neutral shall disclose in writing any circumstance
				  likely to create an appearance or presumption of bias or prevent a prompt
				  meeting with the parties.
(2)
				  Competence. A Neutral shall decline appointment, withdraw, or request technical
				  assistance when the Neutral decides that a case is beyond the Neutral's
				  competence. A Neutral shall maintain professional competence in mediation
				  and/or arbitration skills including at a minimum:
(A) staying informed of and abiding by laws
				  and regulations relevant to the practice of mediation and/or
				  arbitration;
(B) regularly engaging
				  in educational activities promoting professional growth.
Nothing in this section shall replace, eliminate, or render
					 inapplicable relevant ethical standards, not in conflict with these rules,
					 which may be imposed upon any Neutral by virtue of the Neutral's professional
					 license or association.
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 1 - General Provisions › Section 1210 - Resumes of Neutrals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Content of File. The OAH shall maintain a
				  file containing the names and résumés of mediators and
				  arbitrators. Information about Neutrals shall be kept on file for a minimum of
				  one year unless the Neutral requests in writing to be removed. Neutrals may
				  update their résumés not more than twice in a 12-month period but
				  must update them annually to remain on file. The file shall contain a
				  disclaimer stating "Inclusion of a résumé in this file does not
				  constitute an endorsement of a Neutral, nor should negative implications be
				  drawn from the fact that a Neutral is not included in this file. Parties are
				  not obligated to choose a Neutral from this file."
(b) Content of Résumés.
				  Résumés shall be submitted on a ADR-Résumé2,
				  revision date 8/97, available from the OAH and from the OAH Web Page (
http://www.dgs.ca.gov/oah
).
				  Résumés shall include, as a minimum, qualifications, degrees,
				  experience, areas of specialty, and fees charged. Each résumé
				  shall also contain a signed and dated statement of compliance with these
				  regulations as specified in Section
				  1208. Résumés shall
				  not be advertisements but factual information pages. The fee schedule specified
				  in the résumé shall be the fees charged for the duration of any
				  mediation or arbitration agreed to while the résumé is on
				  file.
(c) Removal of
				  Résumés for Cause. If a neutral does not comply with Regulation
				  1208, the OAH ADR administrator may remove the neutral's résumé
				  from the file, provided that the administrator gives the neutral written notice
				  of the intended action and affords the neutral a 10-day opportunity to respond
				  in writing.
(d) Fees. The OAH may
				  establish filing fees or other necessary fees to cover administrative costs of
				  maintaining the file. The amount of such fee, if any, will be available from
				  the OAH with the résumé forms.
1. New
					 section filed 6-20-97; operative 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
2. Change without regulatory effect amending
					 subsection (b) filed 10-16-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 42).
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 2 - Mediation › Section 1212 - Mediation; Definition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Mediation refers to a process whereby a neutral third
					 person called a mediator acts to encourage and facilitate the resolution of a
					 dispute between two or more parties. It is a voluntary, informal and
					 nonadversarial process with the objective of helping the disputing parties
					 reach a mutually acceptable written agreement. In mediation, decision making
					 authority rests with the parties. The role of the mediator includes, but is not
					 limited to, assisting the parties in identifying issues, fostering joint
					 problem solving, and exploring resolution alternatives.
1. New
					 article 2 (sections
					 1212-1230) 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
						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 2 - Mediation › Section 1214 - Initiation of Mediation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party to a dispute may initiate mediation by filing a
					 request for mediation as specified in Section
					 1206.
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 2 - Mediation › Section 1216 - Appointment of Mediator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The parties may agree on a mediator to assist them in the
					 resolution of their dispute.
On occasion, parties may not be able to agree on a
					 mediator. In such a situation, each party may select 5 names either from the
					 résumés on file with the OAH or from another source. If a
					 mediator is chosen from another source, the party selecting that mediator shall
					 provide OAH with a résumé of that mediator. Of the names
					 submitted to the OAH by the parties, a complete list shall be complied and sent
					 to the parties by the OAH. Each party may strike 3 names and return the list to
					 the OAH within 10 calendar days. If the OAH has not received notice within this
					 period to strike names, the OAH will assume that all names are equally
					 acceptable. On the next working day after the 10-day period, or as soon
					 thereafter as is practicable, the OAH will choose a mediator at random from the
					 remaining list of names. The OAH will then notify the chosen mediator and the
					 parties of the mediator's selection. The chosen mediator shall be sent an
					 acceptance form to sign and return, in which the mediator must agree to abide
					 by the applicable statutes and regulations, as described in Regulation section
					 1208. The acceptance form shall
					 also state that the mediator foresees no difficulty in completing the mediation
					 according to the schedule set out in these regulations.
If, at any time before the end of the 10-day period, the
					 parties agree on a mediator and notify the OAH in writing, that agreed-upon
					 mediator shall be appointed.
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 2 - Mediation › Section 1218 - Cost of Mediation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Compensation of the mediator and any other associated costs
					 shall be the responsibility of the parties to the mediation. An agreement
					 regarding compensation and costs shall be reached between the mediator and the
					 parties before the mediation is commenced and shall be memorialized in
					 writing.
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 2 - Mediation › Section 1220 - Date, Time and Place of Mediation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In consultation with the parties, the mediator shall fix
					 the date, time and place of each mediation session. The mediation shall be held
					 at any convenient location agreeable to the parties and the mediator. Mediation
					 shall be completed within 60 days of the appointment of the mediator.
					 Statutory, regulatory, and other timelines related to the dispute itself will
					 not be affected unless by stipulation of the parties.
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 2 - Mediation › Section 1222 - Attendance at Mediation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All involved parties shall attend the mediation session(s).
					 A party other than a natural person (e.g., a corporate or governmental entity
					 or association) satisfies this attendance requirement by sending a
					 representative familiar with the facts of the case, and that person shall have
					 the authority to negotiate and to effectively recommend settlement to the
					 governmental or corporate entity involved. Any party to the mediation may have
					 the assistance of an attorney or other representative. Other persons may attend
					 only with the permission of all parties and with the consent of the
					 mediator.
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 2 - Mediation › Section 1224 - Statements Before Mediation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The mediator will determine the manner in which the issues
					 in dispute shall be framed and addressed. The parties should expect that the
					 mediator will request a premediation statement outlining facts, issues, and
					 perspectives in advance of the mediation session. At the discretion of the
					 mediator, such statements or other information may be mutually exchanged by the
					 parties.
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 2 - Mediation › Section 1226 - Confidentiality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Confidentiality shall be governed by Government Code
					 Section
					 11420.30,
					 and Evidence Code Sections
					 703.5,
					 1152.5, and
					 1152.6.
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
						703.5,
						1152.5 and
						1152.6,
						Evidence Code; and Section
						11420.30,
						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 2 - Mediation › Section 1228 - Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Agreements resolving the mediated dispute shall be written,
					 signed, and dated by the parties or an authorized representative of the party
					 or parties.
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 2 - Mediation › Section 1230 - Termination of Mediation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party or the Neutral may terminate the mediation at any
					 time by written notice to the mediator and other parties. If any party or the
					 Neutral terminates the mediation, or if mediation does not result in
					 resolution, the parties shall resume the same status as before mediation and
					 shall proceed as if mediation had not taken place.
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.