reglab/statecodes huggingface dataset:
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 4 - Authority of Arbitrators › Section 28019 - Arguments, Briefs and Proposed Findings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 arbitrators may require the parties before, during or following a hearing to
					 submit arguments or briefs, in addition to any opening and closing briefs, on
					 some or all of the issues in dispute.
(b) As a part of or in lieu of argument or
					 briefs, the arbitrators, prior to taking the issues under submission for
					 decision, may require the parties to submit proposed findings of fact and
					 conclusions of law on some or all of the issues. When a proposed finding of
					 fact is thus required to be submitted on an issue, the failure of a party to
					 propose such finding may be treated by an arbitrator as a waiver of that
					 party's contentions with respect thereto.
1. New section filed
					 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate
					 of Compliance must be transmitted to OAL by 3-9-96 or emergency language will
					 be repealed by operation of law on the following day.
2. New section
					 refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96
					 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL
					 by 11-5-96 or emergency language will be repealed by operation of law on the
					 following day.
4. New section refiled 10-31-96 as an emergency;
					 operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be
					 transmitted to OAL by 2-28-97 or emergency language will be repealed by
					 operation of law on the following day.
5. Certificate of Compliance
					 as to 10-31-96 order transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97,
					 No. 3).
6. Change without regulatory effect renumbering title 22,
					 section 15019 to title 27, section
					 28019 filed 6-18-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 25).
Note: Authority
					 cited: Sections
					 59012,
					 25356.10,
					 Health and Safety Code. Stats. 1994, ch. 435 (SB 923), Section
					 3. Reference: Sections
					 25356.2-
					 25356.10
					 and
					 25398.10-
					 25398.13,
					 Health and Safety Code.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 5 - Special Provisions › Section 28020 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within thirty (30) days after the
					 prehearing conference, the parties shall:
(1)
					 Disclose the names and addresses of witnesses;
(2) Afford an opportunity to the other
					 parties to inspect and copy any relevant documents or exhibits in the
					 possession, custody, or control of the party; and,
(3) Exchange legible copies of all documents
					 or exhibits to be offered in evidence.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 5 - Special Provisions › Section 28021 - Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Director or
					 an arbitrator may issue a subpoena or a subpoena duces tecum, signed and sealed
					 but otherwise blank, to a party requesting it, who shall complete it before
					 service.
(b) If the panel
					 determines that a person is refusing to respond to a subpoena or subpoena duces
					 tecum, or is guilty of misconduct, the arbitration panel may certify the facts
					 to the superior court as provided in Health and Safety Code section
					 25356.3,
					 subdivision (d).
(c) After receipt
					 of documents pursuant to a subpoena duces tecum, any party may request the
					 panel for a continuance upon showing good cause.
1. New section filed
					 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate
					 of Compliance must be transmitted to OAL by 3-9-96 or emergency language will
					 be repealed by operation of law on the following day.
2. New section
					 refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96
					 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL
					 by 11-5-96 or emergency language will be repealed by operation of law on the
					 following day.
4. New section refiled 10-31-96 as an emergency;
					 operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be
					 transmitted to OAL by 2-28-97 or emergency language will be repealed by
					 operation of law on the following day.
5. Certificate of Compliance
					 as to 10-31-96 order, including new subsection (c), transmitted to OAL 12-4-96
					 and filed 1-17-97 (Register 97, No. 3).
6. Change without regulatory
					 effect renumbering title 22, section
					 15021 to title 27, section
					 28021 filed 6-18-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 25).
Note: Authority
					 cited: Sections
					 59012,
					 25356.10,
					 Health and Safety Code. Stats. 1994, ch. 435 (SB 923), Section
					 3. Reference: Sections
					 25356.2-
					 25356.10
					 and
					 25398.10-
					 25398.13,
					 Health and Safety Code.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 5 - Special Provisions › Section 28022 - Prehearing Conference: Setting Hearing Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within thirty (30) days after the selection of the third arbitrator, the
					 arbitrators shall hold a prehearing conference. The arbitrators shall mail to
					 each party notice of the prehearing conference no later than twenty (20) days
					 in advance of such conference, unless the parties by mutual agreement waive
					 such notice. The prehearing conference may proceed in the absence of any party
					 who, after due notice, fails to appear.
(b) At the prehearing conference the
					 arbitration panel shall consider:
(1) The
					 possibility of agreement disposing of all or any of the issues in
					 dispute;
(2) The simplification or
					 clarification of the issues;
(3)
					 The possibility of obtaining stipulations, admissions, agreements on documents,
					 understanding of matters already on record, use of affidavits and means of
					 avoiding unnecessary proof;
(4) The
					 identity and limitation of the number of witnesses, including expert witnesses,
					 and avoidance of cumulative evidence;
(5) A timetable for completion of discovery,
					 if any, and schedules for submission of written briefs;
(6) A date for commencement of the
					 arbitration hearing and an estimate of time for the hearing;
(7) Such other matters that may aid in the
					 disposition of the arbitration.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 5 - Special Provisions › Section 28023 - Continuances; Adjournment; Dismissal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Continuances may be permitted in the following circumstances:
(1) once a petition for arbitration has been
					 filed with the Director and a determination has been made that arbitration
					 panel will be convened, but prior to a panel being convened, each party may
					 request a maximum of two (2) continuances upon a showing of good cause;
					 and,
(2) once the panel has been
					 convened, any party may request a continuance to the arbitration panel upon a
					 showing of good cause. Before granting a continuance for good cause, the
					 Director or the arbitration panel shall consider fairness to all parties. In
					 either circumstance, a continuance of more than sixty (60) days shall not be
					 approved. The basis for any continuance shall be set forth in the
					 record.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 5 - Special Provisions › Section 28024 - Motions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All motions by the parties shall be in writing,
					 unless made on the record during a hearing, and shall clearly state the action
					 requested and the grounds relied upon. The original written motion, together
					 with evidence of service on all other parties and the arbitrators, shall be
					 filed with the Director at least thirty (30) days before the time appointed for
					 the hearing on the motion. The arbitrators shall conduct such proceedings and
					 make such orders deemed necessary to dispose of the issues raised by the
					 motion.
1. New section filed
					 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate
					 of Compliance must be transmitted to OAL by 3-9-96 or emergency language will
					 be repealed by operation of law on the following day.
2. New section
					 refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96
					 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL
					 by 11-5-96 or emergency language will be repealed by operation of law on the
					 following day.
4. New section refiled 10-31-96 as an emergency;
					 operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be
					 transmitted to OAL by 2-28-97 or emergency language will be repealed by
					 operation of law on the following day.
5. Certificate of Compliance
					 as to 10-31-96 order, including amendment of section, transmitted to OAL
					 12-4-96 and filed 1-17-97 (Register 97, No. 3).
6. Change without
					 regulatory effect renumbering title 22, section
					 15024 to title 27, section
					 28024 filed 6-18-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 25).
Note: Authority
					 cited: Sections
					 59012,
					 25356.10,
					 Health and Safety Code. Stats. 1994, ch. 435 (SB 923), Section
					 3. Reference: Sections
					 25356.2-
					 25356.10
					 and
					 25398.10-
					 25398.13,
					 Health and Safety Code.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 5 - Special Provisions › Section 28025 - Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Oral evidence
					 shall be taken only on oath or affirmation administered by one of the
					 arbitrators.
(b) Each party has the
					 right to:
(1) present evidence relevant to
					 the issues including, but not limited to, evidence by way of declaration under
					 oath or affidavit;
(2) cross-examine
					 opposing witnesses on any matter relevant to the issues even though that matter
					 was not covered in the direct examination;
(3) impeach any witness regardless of which
					 party first called the witness to testify; and,
(4) rebut evidence. Any party of record, or
					 person identified with such party may be called and examined as if under
					 cross-examination by any adverse party as provided in Evidence Code section
					 776.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 5 - Special Provisions › Section 28026 - Notice of Officially Noticeable Facts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The arbitrators may take notice
					 of, and find as true without proof, any matter which may be officially noticed
					 pursuant to Government Code section
					 11515. Any
					 officially noticed matter must be set forth in the record.
1. New section filed
					 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate
					 of Compliance must be transmitted to OAL by 3-9-96 or emergency language will
					 be repealed by operation of law on the following day.
2. New section
					 refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96
					 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL
					 by 11-5-96 or emergency language will be repealed by operation of law on the
					 following day.
4. New section refiled 10-31-96 as an emergency;
					 operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be
					 transmitted to OAL by 2-28-97 or emergency language will be repealed by
					 operation of law on the following day.
5. Certificate of Compliance
					 as to 10-31-96 order transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97,
					 No. 3).
6. Change without regulatory effect renumbering title 22,
					 section 15026 to title 27, section
					 28026 filed 6-18-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 25).
Note: Authority
					 cited: Sections
					 59012,
					 25356.10,
					 Health and Safety Code. Stats. 1994, ch. 435 (SB 923), Section
					 3. Reference: Sections
					 25356.2-
					 25356.10
					 and
					 25398.10-
					 25398.13,
					 Health and Safety Code.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 5 - Special Provisions › Section 28027 - Submission on Agreed Facts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The parties may submit any matter or issue
					 pending before the arbitrators on an agreed statement of facts with such
					 written or oral arguments as the arbitrators may permit.
1. New section filed
					 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate
					 of Compliance must be transmitted to OAL by 3-9-96 or emergency language will
					 be repealed by operation of law on the following day.
2. New section
					 refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96
					 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL
					 by 11-5-96 or emergency language will be repealed by operation of law on the
					 following day.
4. New section refiled 10-31-96 as an emergency;
					 operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be
					 transmitted to OAL by 2-28-97 or emergency language will be repealed by
					 operation of law on the following day.
5. Certificate of Compliance
					 as to 10-31-96 order transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97,
					 No. 3).
6. Change without regulatory effect renumbering title 22,
					 section 15027 to title 27, section
					 28027 filed 6-18-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 25).
Note: Authority
					 cited: Sections
					 59012,
					 25356.10,
					 Health and Safety Code. Stats. 1994, ch. 435 (SB 923), Section
					 3. Reference: Sections
					 25356.2-
					 25356.10
					 and
					 25398.10-
					 25398.13,
					 Health and Safety Code.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 5 - Special Provisions › Section 28028 - Technical Support Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Secretary shall ensure that all
					 arbitration panels convened pursuant to section
					 25398.10
					 of the Health and Safety Code are provided necessary technical support by a
					 team of state employees with experience and expertise appropriate to the issue
					 or issues in dispute, as provided in section
					 25398.11
					 of the Health and Safety Code. The team of state employees shall provide a
					 written report setting forth recommendations on all technical issues before the
					 panel.
1. New section filed
					 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate
					 of Compliance must be transmitted to OAL by 3-9-96 or emergency language will
					 be repealed by operation of law on the following day.
2. New section
					 refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96
					 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL
					 by 11-5-96 or emergency language will be repealed by operation of law on the
					 following day.
4. New section refiled 10-31-96 as an emergency;
					 operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be
					 transmitted to OAL by 2-28-97 or emergency language will be repealed by
					 operation of law on the following day.
5. Certificate of Compliance
					 as to 10-31-96 order transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97,
					 No. 3).
6. Change without regulatory effect renumbering title 22,
					 section 15028 to title 27, section
					 28028 filed 6-18-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 25).
Note: Authority
					 cited: Sections
					 59012,
					 25356.10,
					 Health and Safety Code. Stats. 1994, ch. 435 (SB 923), Section
					 3. Reference: Sections
					 25356.2-
					 25356.10
					 and
					 25398.10-
					 25398.13,
					 Health and Safety Code.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 6 - Hearings › Section 28029 - Place of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The arbitrators may, for the
					 convenience of all parties, order any hearing at any location.
1. New article 6 (sections
					 15029-15033) and section filed
					 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate
					 of Compliance must be transmitted to OAL by 3-9-96 or emergency language will
					 be repealed by operation of law on the following day.
2. Editorial
					 correction of HISTORY 1 (Register 96, No. 10).
3. New article 6
					 (sections 15029-15033) and section refiled
					 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A Certificate
					 of Compliance must be transmitted to OAL by 7-6-96 or emergency language will
					 be repealed by operation of law on the following day.
4. New article
					 6 (sections
					 15029-15033) and section refiled
					 7-8-96 as an emergency; operative 7-8-96 (Register 96, No. 28). A Certificate
					 of Compliance must be transmitted to OAL by 11-5-96 or emergency language will
					 be repealed by operation of law on the following day.
5. New article
					 6 (sections
					 15029-15033) and section refiled
					 10-31-96 as an emergency; operative 10-31-96 (Register 96, No. 44). A
					 Certificate of Compliance must be transmitted to OAL by 2-28-97 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Certificate of Compliance as to 10-31-96 order transmitted
					 to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3).
7. Change
					 without regulatory effect renumbering title 22, division 2, subdivision
					 1, chapter 4, article 6 (sections
					 15029-15033) to title 27, division
					 4, chapter 2, article 6 (sections
					 28029-28033) and renumbering title
					 22, section
					 15029 to title 27, section
					 28029 filed 6-18-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 25).
Note: Authority
					 cited: Sections
					 59012,
					 25356.10,
					 Health and Safety Code. Stats. 1994, ch. 435 (SB 923), Section
					 3. Reference: Sections
					 25356.2-
					 25356.10
					 and
					 25398.10-
					 25398.13,
					 Health and Safety Code.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 6 - Hearings › Section 28030 - Commencement of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 hearing shall commence within ninety (90) days after the pre-hearing
					 conference. The arbitration panel may, upon a showing by the parties that
					 settlement is likely, extend the date for the hearing for up to thirty (30)
					 additional days, if further settlement discussions are necessary.
(b) The arbitration panel shall mail to each
					 party notice of the hearing no later than thirty (30) days in advance of the
					 hearing, unless the parties by mutual agreement waive such notice. The
					 arbitrator need not mail a second notice to the parties if the date for the
					 hearing is extended.
1. New section filed
					 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate
					 of Compliance must be transmitted to OAL by 3-9-96 or emergency language will
					 be repealed by operation of law on the following day.
2. New section
					 refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96
					 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL
					 by 11-5-96 or emergency language will be repealed by operation of law on the
					 following day.
4. New section refiled 10-31-96 as an emergency;
					 operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be
					 transmitted to OAL by 2-28-97 or emergency language will be repealed by
					 operation of law on the following day.
5. Certificate of Compliance
					 as to 10-31-96 order transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97,
					 No. 3).
6. Change without regulatory effect renumbering title 22,
					 section 15030 to title 27, section
					 28030 filed 6-18-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 25).
Note: Authority
					 cited: Sections
					 59012,
					 25356.10,
					 Health and Safety Code. Stats. 1994, ch. 435 (SB 923), Section
					 3. Reference: Sections
					 25356.2-
					 25356.10
					 and
					 25398.10-
					 25398.13,
					 Health and Safety Code.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 6 - Hearings › Section 28032 - Transcripts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each hearing shall be recorded, including all
					 testimony and evidence presented, by any means that is agreeable to all
					 parties. If the parties cannot agree, the hearing may be reported by a
					 certified stenographic reporter or other method selected by the presiding
					 arbitrator. The costs shall be borne by the potentially responsible
					 parties.
1. New section filed
					 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate
					 of Compliance must be transmitted to OAL by 3-9-96 or emergency language will
					 be repealed by operation of law on the following day.
2. New section
					 refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96
					 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL
					 by 11-5-96 or emergency language will be repealed by operation of law on the
					 following day.
4. New section refiled 10-31-96 as an emergency;
					 operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be
					 transmitted to OAL by 2-28-97 or emergency language will be repealed by
					 operation of law on the following day.
5. Certificate of Compliance
					 as to 10-31-96 order transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97,
					 No. 3).
6. Change without regulatory effect renumbering title 22,
					 section 15032 to title 27, section
					 28032 filed 6-18-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 25).
Note: Authority
					 cited: Sections
					 59012,
					 25356.10,
					 Health and Safety Code. Stats. 1994, ch. 435 (SB 923), Section
					 3. Reference: Sections
					 25356.2-
					 25356.10
					 and
					 25398.10-
					 25398.13,
					 Health and Safety Code.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 6 - Hearings › Section 28033 - Record of Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon request by
					 a party, the Director shall have the complete record of the proceedings, or
					 such parts thereof as are designated, prepared and delivered to such party. The
					 cost of preparing a copy of the transcript, the complete record, or designated
					 parts of either, shall be paid in advance by the requesting party.
(b) The complete record includes the
					 pleadings, all notices and orders issued in the case, all decisions, a
					 transcript or recording of all proceedings, the exhibits admitted, exhibits
					 offered and excluded, the written evidence and other documents in the
					 case.
1. New section filed
					 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate
					 of Compliance must be transmitted to OAL by 3-9-96 or emergency language will
					 be repealed by operation of law on the following day.
2. New section
					 refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96
					 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL
					 by 11-5-96 or emergency language will be repealed by operation of law on the
					 following day.
4. New section refiled 10-31-96 as an emergency;
					 operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be
					 transmitted to OAL by 2-28-97 or emergency language will be repealed by
					 operation of law on the following day.
5. Certificate of Compliance
					 as to 10-31-96 order, including amendment of subsection (b), transmitted to OAL
					 12-4-96 and filed 1-17-97 (Register 97, No. 3).
6. Change without
					 regulatory effect renumbering title 22, section
					 15033 to title 27, section
					 28033 filed 6-18-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 25).
Note: Authority
					 cited: Sections
					 59012,
					 25356.10,
					 Health and Safety Code. Stats. 1994, ch. 435 (SB 923), Section
					 3. Reference: Sections
					 25356.2-
					 25356.10
					 and
					 25398.10-
					 25398.13,
					 Health and Safety Code.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 7 - Pleadings › Section 28034 - Petition to Convene the Arbitration Panel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The arbitration panel may be convened by
					 filing with the Director a written petition of any potentially responsible
					 party or parties with liability or aggregate liability as provided in section
					 25356.3 or by any responsible
					 person, the affected community or the public pursuant to section
					 25398.10
					 of the Health and Safety Code.
(1) The
					 petition or petitions to convene the panel shall be filed within fifteen (15)
					 days after the issuance of a final remedial action plan pursuant to section
					 25356.3 or as provided in section
					 25398.10, subdivision (b)(1) or
					 prior to the time that the action in dispute becomes final pursuant to section
					 25398.10(b)(2).
(2) The petition shall be served upon all
					 parties and upon the Director.
(3)
					 If one or more petitions for arbitration have been filed for a single site, the
					 arbitration panel shall consolidate all hearings where reasonably
					 possible.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 7 - Pleadings › Section 28036 - Objections to the Petition to Convene the Panel; Contents; when Time Estimates of All Parties Are Due

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within fifteen
					 (15) days after the notice of convening a panel is mailed pursuant to section
					 28009, parties must:
(1) File any objections to the notice to
					 convene the panel by giving notice to the Director and to all other
					 parties;
(2) Give notice to the
					 Director and to all other parties indicating whether the party intends to
					 submit to arbitration;
(3) Give
					 notice to the Director and to all other parties of the length of time they
					 estimate will be required to present their cases.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 7 - Pleadings › Section 28037 - Decision to Convene the Panel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Director shall determine whether to convene the panel and shall notify all
					 parties, including parties identified in the petition pursuant to section
					 28035(c), of any
					 such decision in accordance with section
					 28009.
(b) In addition, for a petition filed
					 pursuant to Health and Safety Code section
					 25398.10,
					 the Director shall notify all responsible persons who have been identified and
					 located, the affected community, the team of state employees referenced in
					 Health and Safety Code section
					 25398.11,
					 and the public, of the arbitration hearing request and the location and
					 scheduling of the arbitration hearing, in writing, by appropriate means, as
					 soon as reasonably practicable.
1. New section filed
					 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate
					 of Compliance must be transmitted to OAL by 3-9-96 or emergency language will
					 be repealed by operation of law on the following day.
2. New section
					 refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96
					 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL
					 by 11-5-96 or emergency language will be repealed by operation of law on the
					 following day.
4. New section refiled 10-31-96 as an emergency;
					 operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be
					 transmitted to OAL by 2-28-97 or emergency language will be repealed by
					 operation of law on the following day.
5. Certificate of Compliance
					 as to 10-31-96 order, including amendment of subsection (b), transmitted to OAL
					 12-4-96 and filed 1-17-97 (Register 97, No. 3).
6. Change without
					 regulatory effect renumbering title 22, section
					 15037 to title 27, section
					 28037, including amendment of
					 subsection (a), filed 6-18-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 25).
Note: Authority
					 cited: Sections
					 59012,
					 25356.10,
					 Health and Safety Code. Stats. 1994, ch. 435 (SB 923), Section
					 3. Reference: Sections
					 25356.2-
					 25356.10
					 and
					 25398.10-
					 25398.13,
					 Health and Safety Code.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 7 - Pleadings › Section 28040 - Apportionment of Response Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
					 arbitration decisions rendered pursuant to Health and Safety Code section
					 25356.3,
					 the arbitration panel shall apportion liability for the costs of removal and
					 remedial actions among all identifiable potentially responsible parties,
					 regardless of whether those parties are before the panel or have otherwise been
					 released, or are immune from liability.
(b) For arbitration decisions rendered
					 pursuant to Health and Safety Code section
					 25398.10,
					 the arbitration panel shall apportion all response costs, including costs
					 incurred by the state in connection with any arbitration conducted, among all
					 responsible parties notified of the arbitration proceedings, regardless of
					 whether those persons appear before the arbitration panel.
(c) The costs of conducting the arbitration
					 shall be borne by the potentially responsible parties submitting to the
					 arbitration, except that any filing fees, witness fees, costs of discovery, or
					 any other costs necessarily incurred by one party shall not be shared by any
					 other party.
1. New section filed
					 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate
					 of Compliance must be transmitted to OAL by 3-9-96 or emergency language will
					 be repealed by operation of law on the following day.
2. New section
					 refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96
					 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL
					 by 11-5-96 or emergency language will be repealed by operation of law on the
					 following day.
4. New section refiled 10-31-96 as an emergency;
					 operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be
					 transmitted to OAL by 2-28-97 or emergency language will be repealed by
					 operation of law on the following day.
5. Certificate of Compliance
					 as to 10-31-96 order transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97,
					 No. 3).
6. Change without regulatory effect renumbering title 22,
					 section 15040 to title 27, section
					 28040 filed 6-18-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 25).
Note: Authority
					 cited: Sections
					 59012,
					 25356.10,
					 Health and Safety Code. Stats. 1994, ch. 435 (SB 923), Section
					 3. Reference: Sections
					 25356.2-
					 25356.10
					 and
					 25398.10-
					 25398.13,
					 Health and Safety Code.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 3 - Naturally Occurring Levels of Lead in Candy › Section 28500 - Naturally Occurring Levels of Lead in Candy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of Health and Safety Code section
					 110552(c)(3),
					 the following levels of lead in candy are deemed by the Office of Environmental
					 Health Hazard Assessment to be naturally occurring:
Type of Candy
Naturally-Occurring Level (parts per
					 million)
Candies flavored with chili
					 and/or tamarind (excluding chocolates)
0.02 ppm
1. New chapter 3 (section
					 28500) and section filed
					 9-22-2021; operative 9-22-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2021, No. 39). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.
Note:
					 Authority cited: Section
					 110552(c)(3),
					 Health and Safety Code. Reference: Sections
					 110552(b)
					 and
					 110552(c)(1),
					 Health and Safety Code.
California Code of Regulations › Title 28 - Managed Health Care › Division 1 - The Department of Managed Health Care › Chapter 1 - Department Administration › Article 2 - Administration › Section 1001 - Department Internet Web Page and Web Addresses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall maintain an internet web page
					 containing information about the Department, its functions and activities. The
					 internet web page may be accessed to obtain departmental forms, notices, and
					 other publications. The internet web page shall be accessible by either of two
					 web addresses: http://www.dmhc.ca.gov, or
					 http://www.hmohelp.ca.gov.
1. New
					 article 2 (sections
					 1001-1008) and section filed
					 8-12-2002; operative 9-11-2002 (Register 2002, No.
					 33).
Note: Authority cited: Section
						1344,
						Health and Safety Code. Reference: Section
						1344,
						Health and Safety Code.
California Code of Regulations › Title 28 - Managed Health Care › Division 1 - The Department of Managed Health Care › Chapter 1 - Department Administration › Article 2 - Administration › Section 1002 - Appearance and Practice Before the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person may be represented by an attorney at law in any
					 proceeding before the Director or Department, provided the attorney is admitted
					 to practice before the highest court of any state or territory of the United
					 States, or the Court of Appeals or the District Court of the United States for
					 the District of Columbia. Alternatively, a person may appear before the
					 Director or Department on his or her own behalf; a member of a partnership may
					 represent the partnership; and an authorized officer of a corporation, trust or
					 association may represent that corporation, trust or
					 association.
1. New
					 section filed 8-12-2002; operative 9-11-2002 (Register 2002, No.
					 33).
Note: Authority cited: Sections
						1344
						and
						1346,
						Health and Safety Code. Reference: Sections
						1341,
						1342,
						1348-
						1349,
						1370,
						1386-
						1388
						and
						1390-
						1393,
						Health and Safety Code.
California Code of Regulations › Title 28 - Managed Health Care › Division 1 - The Department of Managed Health Care › Chapter 1 - Department Administration › Article 2 - Administration › Section 1002.4 - Public Meetings and Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A public meeting or hearing may be held
				  pursuant to Health and Safety Code section
				  1346(a)(5)
				  at the discretion of the Director for the following types of proceedings:
(1) Investigation or analysis of matters
				  affecting the interests of plans, subscribers, enrollees, or the
				  public.
(2) Educational programs
				  for the public, subscribers, enrollees, and licensees.
(3) An amendment, material modification or
				  other plan filing that proposes:
(A) Any
				  change that may have a significant impact, as determined by the Director, on
				  the ability of enrollees to access health care services; or
(B) Any change that may have a material
				  effect, as determined by the Director, on the health care service plan (plan)
				  or on its operations.
California Code of Regulations › Title 28 - Managed Health Care › Division 1 - The Department of Managed Health Care › Chapter 1 - Department Administration › Article 2 - Administration › Section 1003 - Public Comment During Department Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At all Department committee, panel or board meetings that
					 are subject to the Bagley-Keene Open Meeting Act (Government Code §
										11120 et
					 seq.), members of the public will be permitted to address the committee, panel
					 or board prior to the committee, panel or board making any decision. Public
					 comments will be heard in the order in which speakers sign up; limited to only
					 agenda items; and may be no longer than five minutes in length unless otherwise
					 permitted.
1. New
					 section filed 8-12-2002; operative 9-11-2002 (Register 2002, No.
					 33).
Note: Authority cited: Sections
						1344
						and
						1346,
						Health and Safety Code; and Section
						11125.7,
						Government Code. Reference: Sections
						1347,
						1347.1
						and
						1347.15,
						Health and Safety Code.
California Code of Regulations › Title 28 - Managed Health Care › Division 1 - The Department of Managed Health Care › Chapter 1 - Department Administration › Article 2 - Administration › Section 1004 - Verification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever a
				  statute, regulation or the Director requires that a document filed with the
				  Department be verified, the verification shall be by declaration under penalty
				  of perjury pursuant to Code of Civil Procedure section
				  2015.5.
(b) "Declaration" means a certification in
				  substantially the following form:
(1) I
				  declare under penalty of perjury under the laws of the State of California that
				  the foregoing is true and correct.
Executed at
					 ______________________________________(Location) on
___________________________
___________________________
___________________________
(Date)
(Signature)
(Typed
							 or printed name)
California Code of Regulations › Title 28 - Managed Health Care › Division 1 - The Department of Managed Health Care › Chapter 1 - Department Administration › Article 2 - Administration › Section 1005 - Interpretive Opinions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Director in his or her discretion may honor requests from interested
				  person(s) for written interpretive opinions regarding any provision of, or
				  regulation promulgated pursuant to, the Act.
(b) An interpretive opinion request shall
				  satisfy each of the following conditions:
(1)
				  The request shall be in writing addressed to the Director in care of the Office
				  of Legal Services at the Sacramento Office of the Department or by e-mail at
				  interpretiveopinion@dmhc.ca.gov. The request shall clearly state that it is a
				  request for an interpretive opinion and set forth the question(s) presented,
				  including the relevant facts and/or circumstances upon which the request is
				  made.
(2) The persons or entities
				  on whose behalf the request is made shall be identified and all documents
				  relevant to the request shall be appended to the request.
California Code of Regulations › Title 28 - Managed Health Care › Division 1 - The Department of Managed Health Care › Chapter 1 - Department Administration › Article 2 - Administration › Section 1006 - Inspection of Public Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Public access to records maintained by
				  the Department is governed by the California Public Records Act (Government
				  Code §
										6250 et.
				  seq.). The term "public record," as used in this section, is defined in
				  Government Code section
				  6252(e).
				  Public records are available for inspection and/or copying pursuant to the
				  following procedures:
(1) Requests for the
				  inspection and/or copying of public records must be sufficiently descriptive to
				  enable Department personnel to identify, locate, and retrieve the
				  records.
(2) Requests must be in
				  writing and sent to the Department's mailing address at Department of Managed
				  Health Care, 980 9th Street, Suite 500, Sacramento, CA 95814, Attention: Office
				  of Legal Services. A properly addressed request will ensure prompt response by
				  the Department.
(3) Retrieval and
				  inspection of any record shall not interfere with the ordinary business
				  operations of the Department. Operational functions of the Department will not
				  be suspended to permit inspection of records where the records are reasonably
				  required by Department personnel in the performance of their duties. If the
				  request requires reviewing numerous records, a mutually agreeable time will be
				  established for the inspection of the records. All inspections will occur
				  during regular business hours of the Department.
(4) Physical inspection of records is
				  permitted in Department offices. Upon completion of the inspection, the person
				  conducting the inspection shall relinquish possession of the records. Persons
				  inspecting Department records shall not destroy, mutilate, deface, alter, or
				  remove any such records from the Department. The Department reserves the right
				  to have Departmental personnel present during the inspection of records in
				  order to prevent the loss or destruction of records.