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 2 - Office of Environmental Health Hazard Assessment › Section 28008 - Payment of Arbitration Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Director may order the potentially responsible parties, at any time, to make
					 deposits necessary to assure payment of the costs of arbitrations. The Director
					 may order the arbitration panel to withhold the draft or final arbitration
					 decision or find parties in default to assure payment of arbitration costs.
					 Even if the Director has not issued such an order, the arbitration panel shall
					 not issue their draft or final decision until it has requested and received
					 certification from the Director that all payments due from the potentially
					 responsible parties have been made, or otherwise has obtained the consent of
					 the Director irrespective of parties being in default of payment. The
					 arbitration panel shall not waive any requirement that participating
					 potentially responsible parties pay the costs of arbitration. However, one or
					 more potentially responsible parties may pay the costs assigned to another
					 responsible party.
(b) For
					 arbitration panels convened pursuant to Health and Safety Code section
					 25398.10,
					 response costs, which include the cost of arbitration, shall be apportioned
					 among all responsible persons notified of the arbitration proceedings,
					 regardless of whether those persons appear before the arbitration
					 panel.
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					 be repealed by operation of law on the following day.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					 language will be repealed by operation of law on the following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					 by 11-5-96 or emergency language will be repealed by operation of law on the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
					 15008 to title 27, section
					 28008 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,
					 25396(t),
					 25398.10-
					 25398.13
					 and
					 25399.1(b),
					 Health and Safety Code.