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 1 - General Provisions › Section 28003 - Ex Parte Communication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No interested
					 person shall make or knowingly cause to be made to the arbitration panel an ex
					 parte communication.
(b) The
					 arbitration panel shall not make or knowingly cause to be made to any
					 interested person an ex parte communication.
(c) The Director may remove an arbitrator in
					 any proceeding in which it is demonstrated to the Director's satisfaction that
					 an arbitrator has engaged in prohibited ex parte communication to the prejudice
					 of any party. If the arbitrator is removed, the procedures in section
					 28016 shall apply.
(d) Whenever an ex parte communication in
					 violation of this section is received by or made known to the arbitration panel
					 or the Director, the arbitration panel or Director shall place on the record of
					 the pending matter all written communications received, all written responses
					 to the communications, and a memorandum stating the substance of all oral
					 communications received, all responses made, and the identity of each person
					 from whom the arbitration panel or Director received an ex parte communication,
					 and shall advise all parties that these matters have been placed on the record.
					 Any person desiring to rebut the ex parte communication shall be allowed to do
					 so, upon requesting the opportunity for rebuttal within ten (10) days after
					 notice of the communication.
(e)
					 The prohibitions of this section apply upon appointment of the arbitrator and
					 terminate on the date of the final decision.
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					 be repealed by operation of law on the following day.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					 language will be repealed by operation of law on the following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 15003 to title 27, section
					 28003, including amendment of
					 subsection (c), 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.