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 28038 - Intervention and Withdrawal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
					 later than thirty (30) days prior to the prehearing conference, any potentially
					 responsible party associated with the site which is subject to arbitration, may
					 petition to intervene in the arbitration proceeding. Any intervening party
					 shall agree not to contest the fact of liability in the arbitration if the
					 petition is filed pursuant to Health and Safety Code section
					 25356.3,
					 subdivision (a).
(b) If an
					 arbitration panel has been appointed, a petition to intervene shall be filed
					 with the arbitration panel and a copy shall be served upon all parties. If the
					 arbitration panel has not yet been appointed, a petition to intervene shall be
					 submitted to the Director and a copy shall be served upon all
					 parties.
(c) Any such petition to
					 intervene may be granted only upon the written approval of the arbitration
					 panel or the Director if an arbitration panel has not been appointed. By
					 seeking to intervene, the intervening party consents to be bound by the time
					 limits for the filing of pleadings as the arbitration panel may make to prevent
					 delaying the pre-hearing conference.
(d) Any party may petition to withdraw from
					 the arbitration proceeding within thirty (30) days after receipt of the notice
					 of appointment of the arbitrators. The arbitration panel shall approve such
					 withdrawal, without prejudice to the moving party, and shall assess such
					 administrative fees and expenses against the withdrawing party as the
					 arbitration panel deems appropriate.
(e) For arbitration panels convened pursuant
					 to Health and Safety Code section
					 25356.3,
					 subdivision (a), the Director shall continue to convene the arbitration panel
					 only if the remaining parties have an aggregate alleged liability in excess of
					 50 percent of the costs of removal and remedial action.
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					 be repealed by operation of law on the following day.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 15038 to title 27, section
					 28038 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.