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 28039 - Arbitration Decisions

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 prepare a draft arbitration decision which contains
					 a statement of reasons supporting the apportionment of liability and it shall
					 circulate the decision for at least thirty (30) days for public comment. After
					 review and consideration of any public comment, the arbitration panel shall
					 issue the final arbitration decision as provided in Health and Safety Code
					 section
					 25356.4(a)
					 and pursuant to the conditions set forth in section
					 15008.
(b) For arbitration decisions rendered
					 pursuant to Health and Safety Code section
					 25398.10,
					 the arbitration panel shall provide notice of the arbitration decision in
					 writing, by appropriate means, within five (5) days from the date that the
					 arbitration panel has reached a decision, to the responsible parties, the
					 affected community, the public and any other person or entity who participated
					 in the arbitration proceeding and requested notice of the decision.
(c) The arbitration panel shall render its
					 decision within a reasonable period of time, but in no event later than two (2)
					 years after notice is mailed pursuant to Section
					 15009.
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					 be repealed by operation of law on the following day.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					 language will be repealed by operation of law on the following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					 by 11-5-96 or emergency language will be repealed by operation of law on the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) and 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 15039 to title 27, section
					 28039 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.