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 3 - Selection of Arbitrators › Section 28015 - Disclosure and Challenge Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On
					 notice of selection, the appointed arbitrators shall disclose to the Director
					 and the parties any circumstances known to him or her which are likely to
					 prevent a prompt hearing and decision, or to create a bias or conflict of
					 interest, or to prevent him or her from providing adequate performance. Upon
					 receipt of such information from an appointed arbitrator or other source, the
					 Director shall, within two (2) days of receipt, communicate such information to
					 the parties. Such communication may be made orally or in writing, but if made
					 orally, shall be confirmed in writing.
(b) If any party wishes to request
					 disqualification of an arbitrator, such party shall notify the Director and the
					 other parties of such request and the basis therefor within ten (10) days of
					 receipt of the information on which such request is based. However, any
					 challenge filed pursuant to Health and Safety Code section
					 25398.12
					 must be filed within ten (10) days of the provision of public notice of the
					 arbitration hearing pursuant to paragraph (1) of subdivision (b) of section
					 25398.11
					 of the Health and Safety Code.
(c)
					 The Director shall make a determination on any request for disqualification of
					 an arbitrator within twenty (20) days after the Director receives any such
					 request, and shall notify the parties in writing of such determination. This
					 determination shall be within the sole discretion of the Director, and the
					 decision shall be final.
(d) Once
					 accepted, arbitrators have a continuing duty to disclose to the Director and
					 the parties the development of any circumstances listed in (a) above, and every
					 such disclosure shall be dealt with as in (a).
(e) If the Director determines that an
					 arbitrator has failed to comply with subsections (a) or (d) above, the
					 arbitrator may be removed from the panel by section
					 28016.
(f) Any person may challenge the selection of
					 any arbitrator on ground of conflict of interest or lack of one or more of the
					 qualifications required by Health and Safety Code sections
					 25356.2
					 or
					 25398.10,
					 where applicable.
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 subsections (a) and (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 15015 to title 27, section
					 28015, including amendment of
					 subsection (e), 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.