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 28016 - Vacancy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If any
					 arbitrator selected by a party dies, refuses, or is unable to perform his or
					 her duties adequately or is disqualified or removed during the course of a
					 proceeding, the party who selected him or her shall choose a replacement within
					 fifteen (15) days. If a replacement has not bee chosen within the specified
					 time, the Director will select a replacement at random from the arbitrators who
					 have indicated a willingness to serve in the location of the hearing.
(b) If any third arbitrator dies, refuses, or
					 is unable to perform his or her duties adequately or is disqualified or removed
					 during the course of a proceeding, the remaining arbitrators shall select a
					 replacement arbitrator within fifteen (15) days. If a replacement arbitrator
					 has not been selected within the specified time, the Director will select a
					 replacement at random from the arbitrators who have indicated a willingness to
					 serve in the hearing location.
(c)
					 If a vacancy as described in (a) or (b) above occurs, the merits of the matter
					 shall be reheard unless otherwise agreed to by the parties. The time periods
					 specified herein shall commence to run on the day the arbitrator dies, refuses,
					 or becomes unable to perform the duties of arbitrator adequately or is
					 disqualified or removed during the course of the proceeding.
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					 be repealed by operation of law on the following day.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					 language will be repealed by operation of law on the following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					 by 11-5-96 or emergency language will be repealed by operation of law on the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 section, transmitted to OAL
					 12-4-96 and filed 1-17-97 (Register 97, No. 3).
6. Change without
					 regulatory effect renumbering title 22, section
					 15016 to title 27, section
					 28016 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.