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 28031 - Attendance at Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The arbitration
					 hearings may be open to the public unless, on the motion of a party, the
					 arbitrators determine that doing so would interfere with the orderly conduct or
					 timely completion of the proceedings. However, all arbitration hearings held
					 pursuant to section
					 25398.10
					 of the Health and Safety Code, shall be open to the public.
(b) At the request of any party, the
					 arbitrators may exclude any witness not under examination. A party to the
					 arbitration cannot be excluded under this section.
(c) If a person other than a natural person
					 is a party to the arbitration, an officer or employee designated by its
					 attorney or representative is entitled to be present to assist in the
					 presentation of that party's case. However, that attorney or representative
					 cannot be a witness who is excluded under subsection (b).
(d) The hearing may proceed in the absence of
					 any person who, after due notice, fails to appear or fails to obtain an
					 adjournment. If a party, after due notice, fails to appear or fails to obtain
					 an adjournment, such party will be deemed to have waived the right to be
					 present at the hearing.
(e) After
					 all disputed issues have been heard by the arbitration panel, the arbitration
					 panel may permit the parties to make closing statements, after which the
					 arbitration panel shall declare the hearing closed.
(f) The hearing shall be completed within
					 thirty (30) days, unless the arbitration panel extends the hearing for good
					 cause.
(g) The parties may provide,
					 by written agreement, for the waiver of the hearing.
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					 be repealed by operation of law on the following day.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					 language will be repealed by operation of law on the following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 15031 to title 27, section
					 28031 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.