reglab/statecodes huggingface dataset:
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 9 - Hearings › Section 1387 - Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Oral evidence shall be taken only on oath
				  or affirmation.
(b) Each Party
				  shall have these rights: to present evidence relevant to the issues; to
				  cross-examine opposing witnesses on any matter relevant to the issues even
				  though that matter was not covered in the direct examination; to impeach any
				  witness regardless of which Party first called the witness to testify; and to
				  rebut the evidence against the Party. Any Party, or person identified with such
				  Party, may be called and examined as if under cross-examination by any adverse
				  Party.
(c) The hearing need not be
				  conducted according to technical rules relating to evidence and witnesses. Any
				  relevant evidence, including hearsay, shall be admitted if it is the sort of
				  evidence on which responsible persons are accustomed to rely in the conduct of
				  serious affairs, regardless of the existence of any common law or statutory
				  rule which might make improper the admission of such evidence over objection in
				  civil actions, provided, however, hearsay evidence even though not objected to
				  shall not be sufficient in itself to support a finding unless it would be
				  admissible over objection in civil actions. However, such evidence shall be
				  subject to the exclusions of Evidence Code Sections
				  1151,
				  1152, and
				  1154. The
				  rules of privilege shall be effective to the same extent that they are now or
				  hereafter may be recognized in civil actions and irrelevant and unduly
				  repetitious evidence shall be excluded.
(d) The following additional exception to the
				  "best evidence" rule (Evidence Code Section
				  1500)
				  applies: A duplicate is admissible to the same extent as an original unless:
(1) A genuine question is raised as to the
				  authenticity of the original, or
(2) In the circumstances it would be unfair
				  to admit the duplicate in lieu of the original. "Duplicate" as used here means
				  a counterpart or facsimile copy of the original produced by the same impression
				  or from the same matrix as the original or by some technique of accurate
				  reproduction.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 9 - Hearings › Section 1388 - Notice of Judicially Noticeable Facts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision, the Arbitrator may take notice of,
					 and find as true without proof, any fact which may be judicially noticed by the
					 courts of this State, provided that the judicially noticed fact is set forth in
					 the record.
1.
					 Renumbering of former section
					 1346 to new section
					 1388 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 9 - Hearings › Section 1389 - Record of the Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The proceedings at the hearing shall be reported by a
					 phonographic reporter or, with agreement of the Parties and consent of the
					 Office of Administrative Hearings, otherwise perpetuated by mechanical,
					 electronic, or other means capable of reproduction or transcription.
1.
					 Renumbering and amendment of former section
					 1354 to new section
					 1389 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 10 - Decisions and Award › Section 1390 - Decision on the Merits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A written Decision on the Merits shall be
				  filed with the Office of Administrative Hearings and shall contain a summary of
				  the evidence, reasons underlying the decision and, unless the Parties otherwise
				  agree, findings of fact and conclusions of law. A copy of the decision shall be
				  served by the Office of Administrative Hearings on each of the
				  Parties.
(b) Objections to findings
				  and conclusions may be filed by any Party within 15 days of receipt of the
				  written decision. Any response to objections shall be filed within 15 days of
				  receipt of the objections to findings and conclusions. The Arbitrator shall
				  consider the objections and may notice a hearing thereon.
1.
					 Renumbering and amendment of former Article 9 (Sections
					 380-382) to new Article 10
					 (Sections 39-393) filed 4-6-84; effective
					 thirtieth day thereafter (Register 84, No. 14).
2. Renumbering of
					 former section
					 390 to new section
					 1390 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Amendment of subsections (a) and (b) and
					 repealer of subsection (c) filed 8-15-97; operative 8-15-97 pursuant to
					 Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
4. Amendment of subsection (a) by General
					 Services, Transportation and Water Resources departments filed 8-23-2000;
					 operative 9-22-2000 (Register 2000, No. 34).
5. Amendment of
					 subsection (b) filed 8-12-2004; operative 8-12-2004 pursuant of Government Code
					 section
					 11343.4
					 (Register 2004, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5,
						10240.8
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 10 - Decisions and Award › Section 1391 - Decision on Settlement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Parties settle any claim, in whole or part, during
					 the course of the Arbitration proceedings, the terms of the agreed settlement
					 shall be incorporated in a decision, if requested by the Parties, and a final
					 award shall be issued by the Arbitrator.
1.
					 Renumbering of former section
					 391 to new section
					 1391 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
2. Amendment filed 8-15-97; operative 8-15-97
					 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 10 - Decisions and Award › Section 1392 - Decision on Costs and Attorney's Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The cost of conducting the Arbitration
				  shall be borne equally by the Parties and in no case awarded to the prevailing
				  Party. These costs shall include:
(1) The
				  Arbitrator's fee.
(2) The costs of
				  recording and transcribing the proceedings.
(3) Any fees necessary to secure and maintain
				  a hearing room.
(4) Any fees for
				  expert or technical advisors requested pursuant to Section
				  1333.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 10 - Decisions and Award › Section 1393 - Final Award

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any Decision on Costs, together with the Decision on the
					 Merits, shall be reflected in a Final Award issued by the Arbitrator.
1.
					 Renumbering of former section
					 393 to new section
					 1393 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25)
2. Amendment of section heading and section
					 filed 8-15-97; operative 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Section
						10240.5,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10240.13,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 11 - Certification of Arbitrators by the Public Works Contract Arbitration Committee › Section 1395 - Standards and Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Arbitrators shall have substantial
				  experience in or directly related to public works construction projects,
				  particularly large-scale complex projects with or on behalf of federal, state
				  or local government agencies, and,
(b) Experience as an arbitrator or
				  adjudicator of disputes arising out of such projects is necessary, as well as,
				  knowledge of California construction law.
(c) The experience in subdivision (a) may be
				  met by a combination of factors, which shall include any one or more of the
				  following:
(1) Five or more years' experience
				  at the managerial or supervisory level in public works construction contracting
				  with extensive experience in the resolution of disputes arising out of public
				  contract claims.
(2) Five or more
				  years' experience as an attorney representing parties in litigating or
				  arbitrating public works construction contract claims.
(3) Five or more years' experience as a judge
				  or arbitrator. This shall include extensive experience in adjudicating or
				  otherwise resolving public works construction contract claims or other
				  large-scale or complex construction litigation.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 11 - Certification of Arbitrators by the Public Works Contract Arbitration Committee › Section 1398 - Recertification of Arbitrators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Arbitrators certified to the panel shall be required to
					 apply for recertification every seven years to remain on the panel. Arbitrators
					 shall be evaluated for recertification on the basis of the current standards
					 and qualifications.
1. New
					 section filed 3-29-2004; operative 6-1-2004 (Register 2004, No. 14).
Note: Authority cited: Section
						10245.3,
						Public Contract Code. Reference: Section
						10245.3,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 1 - General Provisions › Section 1400 - Purpose; Scope of Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Protests under the Alternative Protest Pilot Project (AB
					 1159, Chapter 762 of 1997 Statutes, Public Contract Code Division 2, Part 2,
					 Chapter 3.6 (sections
					 12125-12130)) shall be resolved by
					 arbitration as defined and established by this chapter.
1. New
					 chapter 5 (articles 1-3), article 1 (sections
					 1400-1404) and section filed
					 8-18-98; operative 8-18-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 34).
Note: Authority cited: Section
						12126,
						Public Contract Code. Reference: Sections
						12125-
						12130,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 1 - General Provisions › Section 1402 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Arbitration, as used in this chapter,
				  means a dispute resolution procedure in which the Department of General
				  Services, Office of Administrative Hearings provides a neutral third party who
				  decides the merits of a protest and issues a binding decision to the
				  Parties.
(b) Awardee includes
				  Proposed Awardee and means the person or entity that was a successful bidder to
				  a Solicitation and has been, or is intended to be, awarded the
				  contract.
(c) Close of Business, as
				  used in this chapter, means 5p.m. Pacific Standard Time (PST) or Pacific
				  Daylight Time (PDT), as applicable.
(d) Contracting Department means either
				  Procurement or the department which has applied and been approved by the
				  Department of General Services to conduct the Solicitation under the
				  Alternative Protest Pilot Project (Public Contract Code sections
				  12125-
				  12130.).
(e) Coordinator means the person designated
				  as the Alternative Protest Pilot Project Coordinator by the Department of
				  General Services, Procurement Division, to coordinate all aspects of the
				  Solicitation under the Alternative Protest Pilot Project (Public Contract Code
				  sections
				  12125-
				  12130).
(f) Estimated Contract Value means the value
				  of Protestant's bid.
(g) Frivolous
				  means a protest with any or all of the following characteristics:
(1) It is wholly without merit.
(2) It is insufficient on its face.
(3) The Protestant has not submitted a
				  rational argument based upon the evidence or law which supports the
				  protest.
(4) The protest is based
				  on grounds other than those specified in section
				  1410.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 1 - General Provisions › Section 1404 - Notice of Intent to Award Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Contracting Department shall post a Notice of Intent to
					 Award Contract in a public place specified in the Solicitation, send rejection
					 facsimiles to rejected bidders, and send Notice of Intent to Award Contract
					 facsimiles to any bidder who made a written request for notice and provided a
					 facsimile number. The Contracting Department shall indicate that the
					 Solicitation File is available for inspection. The Contracting Department has
					 the discretion to award a contract immediately, upon approval by the Director
					 of the Department of General Services and, if the Solicitation was for a Major
					 Information Technology Acquisition, the Director of the Department of
					 Information Technology.
1. New
					 section filed 8-18-98; operative 8-18-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 34).
Note: Authority cited: Section
						12126,
						Public Contract Code. Reference: Sections
						12125-
						12130,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 2 - Protest Procedure › Section 1406 - Notice of Intent to Protest; Service List

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An unsuccessful bidder who intends to
				  protest the awarded contract pursuant to this chapter must inform the
				  Coordinator. The Notice of Intent to Protest must be in writing and must reach
				  the Coordinator within the number of days specified in the Solicitation, which
				  shall be not less than 1 working day and not more than 5 working days after the
				  posting of the Notice of Intent to Award Contract, as specified in the
				  Solicitation. Failure to give written notice by Close of Business on that day
				  shall waive the right to protest.
(b) On the day after the final day to submit
				  a Notice of Intent to Protest, the Coordinator shall make a service list
				  consisting of those bidders who did submit a Notice of Intent to Protest, the
				  Awardee, and the Contracting Department. The Coordinator shall include
				  addresses and facsimile numbers on this list and shall forward this service
				  list to those bidders who submitted a Notice of Intent to Protest.
1. New
					 article 2 (sections
					 1406-1418) and section filed
					 8-18-98; operative 8-18-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 34).
Note: Authority cited: Section
						12126,
						Public Contract Code. Reference: Sections
						12125-
						12130,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 2 - Protest Procedure › Section 1408 - Filing a Protest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A protest is filed by the submission of:
				  the Detailed Written Statement of Protest and any exhibits specified in section
				  1412; a check or money order made
				  payable to the Office of Administrative Hearings for the OAH filing fee of $50;
				  and the arbitration deposit as specified in subsection (c) or (d) to the
				  Coordinator by the Close of Business on the 7th working day after the time
				  specified in the Solicitation for written Notice of Intent to Protest under
				  section 1406. A copy of the Detailed
				  Written Statement of Protest and exhibits must also be served on all Parties
				  named in the service list as specified in section
				  1406. A Protestant who fails to
				  comply with this subsection waives Protestant's right to protest.
(b) Protestant(s) must provide a FAX
				  (facsimile) number. Notification by facsimile is sufficient for service. If the
				  Detailed Written Statement of Protest is sent to the Coordinator by facsimile,
				  Protestant must:
(1) Verify that the pages
				  sent were all received by the Coordinator; and
(2) Remit the required deposit and filing fee
				  to Coordinator by any reasonable means. If sending via carrier, the postmark
				  date or equivalent shall be used to determine timeliness.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 2 - Protest Procedure › Section 1410 - Grounds for Protest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Public Contract Code, at section
				  12126(d) provides:
				  Authority to protest under this chapter shall be limited to participating
				  bidders.
(1) Grounds for Major Information
				  Technology Acquisition protests shall be limited to violations of the
				  Solicitation procedures and that the Protestant should have been
				  selected.
(2) Any other acquisition
				  protest filed pursuant to this chapter shall be based on the ground that the
				  bid or proposal should have been selected in accordance with selection criteria
				  in the Solicitation document.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 2 - Protest Procedure › Section 1412 - Detailed Written Statement of Protest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Detailed Written Statement of Protest
				  must include the grounds upon which the protest is made, as specified in
				  1410(a).
(b) The Detailed Written
				  Statement of Protest shall contain reasons why Protestant should have been
				  awarded the contract.
(1) For Major
				  Information Technology Acquisition protests, the Detailed Written Statement of
				  Protest must specify each and every Solicitation procedure which was violated
				  and the manner of such violation by specific references to the parts of the
				  Solicitation attached as exhibits and why, but for that violation, Protestant
				  would have been selected.
(2) For
				  other acquisition protests, the Detailed Written Statement of Protest must
				  specify each and every selection criterion on which Protestant bases the
				  protest by specific references to the parts of the Solicitation attached as
				  exhibits.
(3) For all protests,
				  Protestant must specify each and every reason that all other bidders who may be
				  in line for the contract award should not be awarded the contract.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 2 - Protest Procedure › Section 1414 - Review by Coordinator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 2 working days after receipt of
				  the Detailed Written Statement of Protest, the Coordinator shall notify the
				  Contracting Department and the Awardee of a potential protest
				  hearing.
(b) The Coordinator shall
				  review the Detailed Written Statement of Protest within 5 working days after
				  receipt to preliminarily determine if the protest is Frivolous and notify
				  Protestant of the option to withdraw or proceed in arbitration.
(1) If Protestant withdraws the protest
				  within 2 working days after the notification by the Coordinator of a
				  preliminary determination of Frivolousness, the Coordinator shall withdraw the
				  preliminary finding of Frivolousness and refund Protestant's deposit and filing
				  fee.
(2) If the Protestant
				  previously filed two protests under the Alternative Protest Pilot Project
				  preliminarily determined Frivolous by the Coordinator but then withdrew or
				  waived them before the arbitration decision, the Coordinator shall make final
				  the preliminary determination of Frivolousness for the Department of General
				  Services.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 2 - Protest Procedure › Section 1416 - Review and Response by Contracting Department and Awardee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Awardee shall have 7 working days
				  after notification by the Coordinator to submit to the Coordinator and
				  Protestant a response to the Detailed Written Statement of Protest.
(b) The Contracting Department, in
				  conjunction with the Coordinator, shall have 7 days after the filing of the
				  Detailed Written Statement of Protest to send a response to Protestant and
				  Awardee.
(c) Responses shall follow
				  the standards set forth in section
				  1412(c) and
				  (d).
1. New
					 section filed 8-18-98; operative 8-18-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 34).
Note: Authority cited: Section
						12126,
						Public Contract Code. Reference: Sections
						12125-
						12130,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 2 - Protest Procedure › Section 1418 - Bond Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Coordinator has determined that a
				  protest is Frivolous and the Protestant does not withdraw the protest, the
				  Protestant shall be required to post a bond in an amount not less than 10% of
				  the Estimated Contract Value.
(b)
				  The percentage of the bond shall be determined by the Contracting Department
				  and specified in the Solicitation.
(c) Protestant shall post the bond, pursuant
				  to Chapter 2 (commencing with section
				  995.010) of Title 14 of Part 2 of
				  the Code of Civil Procedure, within 15 working days of the filing of the
				  Detailed Written Statement of Protest or shall be deemed to have waived the
				  right to protest.
(1) If the arbitrator
				  determines that the protest is Frivolous, the bond shall be forfeited to
				  Procurement and the Coordinator will impose Sanctions.
(2) If the arbitrator determines that the
				  protest is not Frivolous, the bond will be returned to the Protestant and no
				  Sanctions imposed.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 3 - Arbitration Procedure › Section 1420 - Arbitration Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 19 calendar days after the Notice of Intent to Award
					 has been posted, the Coordinator shall consolidate all remaining protests under
					 the Solicitation, and send to OAH:
(a)
				  a copy of all Detailed Written Statements of Protest;
(b) OAH filing fees;
(c) arbitration deposits, and/or notice that
				  any Protestant is a Small Business;
(d) Awardee responses;
(e) Coordinator/Contracting Department
				  responses;
(f) the Solicitation
				  File; and
(g) notice to OAH whether
				  interpreter services will be needed for any Protestant or Awardee. OAH shall
				  arrange interpreter services which shall be paid by the Contracting
				  Department.
1. New
					 article 3 (sections
					 1420-1440) and section filed
					 8-18-98; operative 8-18-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 34).
Note: Authority cited: Section
						12126,
						Public Contract Code. Reference: Sections
						12125-
						12130,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 3 - Arbitration Procedure › Section 1422 - Selection of Arbitrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 2 working days after receipt of
				  the protest from the Coordinator, OAH shall furnish the names of ten
				  arbitrators to Protestant(s), the Awardee, and the Coordinator. The arbitrator
				  list shall include administrative law judges who are employees of OAH and
				  contract private arbitrators who are not employees of the State of California.
				  Protestant(s), the Awardee, and the Coordinator may each strike two of the ten
				  names and notify OAH within 2 working days. Protestant(s) may also indicate if
				  they prefer a contract arbitrator or an OAH administrative law judge. OAH may
				  then select as arbitrator any name not stricken and shall notify Protestant(s),
				  the Awardee, and the Coordinator within 2 working days. If all names are
				  stricken, the Director of OAH shall appoint an arbitrator.
(b) A proposed arbitrator shall be
				  disqualified on any of the grounds specified in Section
				  170.1
				  of the Code of Civil Procedure for the disqualification of a judge.
1. New
					 section filed 8-18-98; operative 8-18-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 34).
Note: Authority cited: Section
						12126,
						Public Contract Code. Reference: Sections
						12125-
						12130,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 3 - Arbitration Procedure › Section 1424 - Authority of Arbitrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Arbitrators are authorized to
(1) Administer oaths and
				  affirmations;
(2) Make rulings and
				  orders as are necessary to the fair, impartial, and efficient conduct of the
				  hearing; and
(3) Order additional
				  deposits from Protestant(s) to cover additional estimated costs. If OAH does
				  not receive the required deposit(s) in the time specified, the right to protest
				  will be deemed waived.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 3 - Arbitration Procedure › Section 1426 - Decision Based in Whole or in Part on Documents Alone

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any Party may request that the arbitrator base the
					 arbitrator's decision on documents alone. It shall be the arbitrator's
					 exclusive discretion to do so.
1. New
					 section filed 8-18-98; operative 8-18-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 34).
Note: Authority cited: Section
						12126,
						Public Contract Code. Reference: Sections
						12125-
						12130,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 3 - Arbitration Procedure › Section 1428 - Prehearing Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the arbitrator determines that a
				  prehearing conference is necessary, OAH shall set the time and place and notify
				  Protestant(s), the Awardee, and Procurement at least 5 working days prior to
				  the prehearing conference.
(b) The
				  prehearing conference shall be held to identify and define issues in dispute
				  and expedite the arbitration. The parties should be prepared to discuss, and
				  the arbitrator may consider and rule on, any of the following matters
				  applicable to the protest:
(1) Clarification
				  of factual and legal issues in dispute as set forth in the Detailed Written
				  Statement of Protest.
(2) The
				  extent to which testimony shall be permitted and the extent to which
				  cross-examination will be allowed.
(3) Identity of and limitations on number of
				  witnesses, need for interpreters, scheduling and order of witnesses,
				  etc.
(4) Any other matters as shall
				  promote the orderly and efficient conduct of the hearing.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 3 - Arbitration Procedure › Section 1430 - Scheduling the Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The arbitrator shall schedule the date, time, and place of
					 hearing and notify all Parties.
1. New
					 section filed 8-18-98; operative 8-18-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 34).
Note: Authority cited: Section
						12126,
						Public Contract Code. Reference: Sections
						12125-
						12130,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 3 - Arbitration Procedure › Section 1432 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The arbitrator has exclusive discretion to issue subpoenas
					 and/or subpoena duces tecum. There shall be no right to take depositions, issue
					 interrogatories, or subpoena persons or documents.
1. New
					 section filed 8-18-98; operative 8-18-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 34).
Note: Authority cited: Section
						12126,
						Public Contract Code. Reference: Sections
						12125-
						12130,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 3 - Arbitration Procedure › Section 1434 - Attendance at Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Arbitration hearings shall be open to the public unless
					 the arbitrator, in his or her exclusive discretion, determines that the
					 attendance of individuals or groups of individuals would disrupt or delay the
					 orderly conduct or timely completion of the proceedings.
1. New
					 section filed 8-18-98; operative 8-18-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 34).
Note: Authority cited: Section
						12126,
						Public Contract Code. Reference: Sections
						12125-
						12130,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 3 - Arbitration Procedure › Section 1436 - Arbitrator's Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The final decision shall be in writing
				  and signed by the arbitrator. It shall include a Statement of the Factual and
				  Legal Basis for the decision, addressing the issues raised in the Detailed
				  Written Statement(s) of Protest, and shall include an order upholding or
				  denying the protest(s). The arbitrator's order shall not award a
				  contract.
(b) A copy of the
				  decision shall be sent by regular mail to Procurement, the Contracting
				  Department, the Awardee, and Protestant(s) within 45 calendar days after the
				  filing of the first Detailed Written Statement of Protest. In the arbitrator's
				  exclusive discretion, this timeline may be extended for an additional 15
				  calendar days. The arbitrator's failure to issue a decision within the time
				  specified by this section shall not be a ground for vacating the
				  decision.
1. New
					 section filed 8-18-98; operative 8-18-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 34).
Note: Authority cited: Section
						12126,
						Public Contract Code. Reference: Sections
						12125-
						12130,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 3 - Arbitration Procedure › Section 1437 - Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For protests not determined Frivolous by
				  Procurement:
(1) If the arbitrator denies the
				  protest, Protestant(s) will be liable for all costs of the
				  arbitration.
(2) If the arbitrator
				  upholds the protest, the Contracting Department shall pay for all costs of the
				  arbitration and Protestant(s) will be refunded the deposit by OAH.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 3 - Arbitration Procedure › Section 1438 - Judicial Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The grounds for judicial review shall be as set forth in
					 Chapter 4 of Title 9 of Part III of the Code of Civil Procedure (commencing
					 with section
					 1285).
1. New
					 section filed 8-18-98; operative 8-18-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 34).
Note: Authority cited: Section
						12126,
						Public Contract Code. Reference: Sections
						12125-
						12130,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project › Article 3 - Arbitration Procedure › Section 1440 - Transcripts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party desiring a transcript of the
				  proceedings shall contact the OAH Transcript Clerk to make arrangements to pay
				  for preparation of the transcript. Prior to preparation of the transcript, a
				  deposit equal to the estimated cost of the transcript shall be paid.
				  Preparation of the transcript will be arranged by the OAH Transcript Clerk. The
				  deposit shall be applied to the actual cost and any excess shall be returned to
				  the party that submitted the request. Any balance due shall be paid by the
				  party or a representative on behalf of the party requesting the transcript
				  before the transcript is released to the requesting party.
(b) Unless a record of a proceeding or any
				  portion thereof was sealed, any person may request a transcript or a recording
				  of the proceeding. If a record of a proceeding or any portion thereof was
				  sealed, only parties to the proceeding may request a transcript of the sealed
				  portions, and the sealed portions shall not be disclosed to anyone except in
				  accordance with the order sealing the proceeding or subsequent order.
1. New
					 section filed 8-18-98; operative 8-18-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 34).
Note: Authority cited: Section
						12126,
						Public Contract Code. Reference: Sections
						12125-
						12130,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 3 - Department of Finance › Chapter 1 - Standardized Regulatory Impact Assessment for Major Regulations › Section 2000 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this chapter:
(a) "Agency" has the meaning given to that
				term in Section
				11342.520 of the code.
(b) "As estimated by the agency" means the
				agency has estimated the economic impact of a proposed action in the manner
				prescribed by section
				2003.
(c) "Code" means the Government
				Code.
(d) "Department" means the
				Department of Finance.
(e)
				"Economic impact" means all costs or all benefits (direct, indirect and
				induced) of the proposed major regulation on business enterprises and
				individuals located in or doing business in California.
(f) "GO-Biz" means the Governor's Office of
				Business and Economic Development.
(g) "Major regulation" means any proposed
				rulemaking action adopting, amending or repealing a regulation subject to
				review by OAL that will have an economic impact on California business
				enterprises and individuals in an amount exceeding fifty million dollars
				($50,000,000) in any 12-month period between the date the major regulation is
				estimated to be filed with the Secretary of State through 12 months after the
				major regulation is estimated to be fully implemented (as estimated by the
				agency), computed without regard to any offsetting benefits or costs that might
				result directly or indirectly from that adoption, amendment or
				repeal.
(h) "Notice of proposed
				action" means the notice required by Section
				11346.5 of the code.
(i) "OAL" means the Office of Administrative
				Law.
(j) "SRIA" means the
				standardized regulatory impact assessment required by Section
				11346.3(c) of the
				code.
1. New
				  division 3 (chapter 1), chapter 1 (sections
				  2000-2004) and section filed
				  10-29-2013; operative 11-1-2013 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 44).
Note: Authority cited: Section
					 11346.36,
					 Government Code. Reference: Sections
					 11342.548
					 and
					 11346.36,
					 Government Code.
California Code of Regulations › Title 1 - General Provisions › Division 3 - Department of Finance › Chapter 1 - Standardized Regulatory Impact Assessment for Major Regulations › Section 2001 - Notification; Public Input

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) An agency that anticipates promulgating a
				major regulation shall provide the department, not later than February 1 of
				each calendar year, with a list of all major regulations that it anticipates
				proposing during that entire calendar year. The information shall be provided
				on a form prescribed by the department. The list shall specifically identify
				the following for each major regulation that the agency proposes to adopt,
				amend or repeal: subject matter, title and section of the California Code of
				Regulations that will be affected, statute or court decision being implemented,
				interpreted or made specific and the anticipated date on which the agency
				proposes to publish the notice of proposed action for each major regulation.
				The list shall also contain the name of the agency, the responsible unit within
				the agency, and the name, telephone number, email, and mailing address of a
				contact person.
(2) In the event an
				agency determines after February 1 that it anticipates promulgating a major
				regulation, the agency shall submit to the department the information required
				in subdivision (a)(1) as soon as possible but in no event later than 60 days
				prior to filing a notice of proposed action with OAL.
California Code of Regulations › Title 1 - General Provisions › Division 3 - Department of Finance › Chapter 1 - Standardized Regulatory Impact Assessment for Major Regulations › Section 2002 - Standardized Regulatory Impact Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				agency that anticipates promulgating a major regulation as defined in section
				2000 shall, pursuant to Section
				11346.3(f) of the
				code, submit its completed SRIA to the department within the following time
				frame:
(1) Not less than 60 days prior to
				filing a notice of proposed action with OAL if the agency has notified the
				department of the proposed regulation within the time prescribed by 2001(a);
				or
(2) Not less than 90 days prior
				to filing a notice of proposed action with OAL if the agency has not notified
				the department of the proposed major regulation within the time prescribed by
				section 2001(a);
California Code of Regulations › Title 1 - General Provisions › Division 3 - Department of Finance › Chapter 1 - Standardized Regulatory Impact Assessment for Major Regulations › Section 2003 - Methodology for Making Estimates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				conducting the SRIA required by Section
				11346.3(c) of the
				code, an agency shall use an economic impact method and approach that has all
				of the following capabilities:
(1) Can
				estimate the total economic effects of changes due to regulatory policies over
				a multi-year time period.
(2) Can
				generate California economic variable estimates such as personal income,
				employment by economic sector, exports and imports, and gross state product,
				based on inter-industry relationships that are equivalent in structure to the
				Regional Industry Modeling System published by the Bureau of Economic
				Analysis.
(3) Can produce (to the
				extent possible) quantitative estimates of economic variables that address or
				facilitate the quantitative or qualitative estimation of the following:
(A) The creation or elimination of jobs
				within the state;
(B) The creation
				of new businesses or the elimination of existing businesses within the
				state;
(C) The competitive
				advantages or disadvantages for businesses currently doing business within the
				state;
(D) The increase or decrease
				of investment in the state;
(E) The
				incentives for innovation in products, materials, or processes; and
(F) The benefits of the regulations,
				including but not limited to benefits to the health, safety, and welfare of
				California residents, worker safety, and the state's environment and quality of
				life, among any other benefits identified by the agency.
California Code of Regulations › Title 1 - General Provisions › Division 3 - Department of Finance › Chapter 1 - Standardized Regulatory Impact Assessment for Major Regulations › Section 2004 - Failure to Comply with Requirements of this Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When an agency fails to comply in whole or in part with this
				  chapter, the department shall identify in its comments the area(s) where the
				  agency is out of compliance.
1. New section
				  filed 10-29-2013; operative 11-1-2013 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 44).
Note: Authority cited: Section
					 11346.36,
					 Government Code. Reference: Sections
					 11342.548,
					 11346.3,
					 11346.36
					 and
					 11349.1.5,
					 Government Code.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context requires otherwise, the definitions
						hereinafter set forth govern the construction of these
						regulations.
1. Chapter
						1 originally published 3-22-45 (Title 2).
2. Revision of chapter 1
						filed 4-11-47; effective 5-11-47 (Register 7).
3. Repealer of NOTE
						filed 4-8-77; effective thirtieth day thereafter (Register 77, No.
						15).
4. Change without regulatory effect amending subchapter heading
						and section filed 9-16-92 pursuant to section
						100, title 1, California Code of
						Regulations (Register 92, No. 39).
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 2 - Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Act" means the State Civil Service Act and Part 1 of
						Division 5 of Title 2 of the Government Code of the State of
						California.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 3 - Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Agency" includes "department," "board," "office,"
						"authority," "commission," and every other governmental unit.
California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1 - General Civil Service Regulations › Article 1 - Definitions › Section 3.5 - Appointing Power

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Appointing Power" means a person or group defined by
						statute as having authority to make appointments to positions in the state
						civil service. This in no way affects the delegation of authority, as defined
						in Section
						7 of the
						Government Code.
1. New
						section filed 11-1-72; effective thirtieth day thereafter (Register 72, No.
						45).