California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 4 - Certification Procedure › Section 3399.1 - Application for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receiving a request for an
				application for certification, the Arbitration Certification Program will
				inform the prospective applicant that the Arbitration Certification Program is
				available to confer with the prospective applicant in advance of the filing of
				an application for the purpose of discussing questions relating to the
				application. However, no application shall be decided in advance of
				filing.
(b) An applicant seeking
				certification of an arbitration program shall file with the Arbitration
				Certification Program an application with all information and materials
				required by this subchapter. The application shall consist of (1) a completed
				"Application for Certification" following in the format prescribed in Appendix
				A, signed by or on behalf of each party to the application, and (2) the
				materials required by Section
				3399.2 and Appendix A. The
				application need not include any confidential or proprietary data; provided,
				however, that the applicant shall have the burden of demonstrating that the
				arbitration program is in substantial compliance with Civil Code Section
				1793.22(d),
				Chapter 9 of Division 1 of the Business and Professions Code, and this
				subchapter.
(c) Within 30 days
				after receipt of the application, the Arbitration Certification Program will
				both acknowledge receipt of the application and notify the applicant whether or
				not the application is complete. If the application is not complete, the
				Arbitration Certification Program will state what additional information or
				materials must be provided. If the applicant does not provide the information
				and materials requested by the Arbitration Certification Program within 30
				days, the Arbitration Certification Program may deem the application as
				withdrawn.
(d) After receipt of the
				application, the Arbitration Certification Program may, in its discretion,
				schedule an informal conference with the applicant to discuss the application,
				the accompanying materials and information, and any additional materials and
				information that may be required by this subchapter. The informal conference is
				not an evidentiary hearing or a forum for the determination whether
				certification is appropriate.
(e)
				After the Arbitration Certification Program has accepted the application for
				certification as complete, the Arbitration Certification Program will conduct a
				review of the arbitration program described in the application, which will
				include one or more on-site inspections of any program that is already
				operating, to determine whether the certification which is requested should be
				granted.
(f) The Arbitration
				Certification Program will make a determination whether to certify an
				arbitration program or to deny certification not later than 90 days after the
				date the Arbitration Certification Program accepts the application for
				certification as complete.
(g) If
				the Arbitration Certification Program determines that the arbitration program
				is in substantial compliance with Civil Code Section
				1793.22(d),
				Chapter 9 of Division 1 of the Business and Professions Code, and this
				subchapter, the Arbitration Certification Program will certify the arbitration
				program.
(h) If the Arbitration
				Certification Program determines that the arbitration program is not in
				substantial compliance with Civil Code Section
				1793.22(d),
				Chapter 9 of Division 1 of the Business and Professions Code, or this
				subchapter, the Arbitration Certification Program will deny certification, and
				will state, in writing, the reasons for the denial and the modifications in the
				operation of the program that are required in order for the program to be
				certified.
(i) If the Arbitration
				Certification Program denies certification of the arbitration program, the
				applicant may either reapply for certification or request a hearing. A request
				for a hearing shall be filed with the Arbitration Certification Program within
				30 days after service of the notice of denial.
1. New section
				  filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change
				  without regulatory effect amending subsections (b), (g), (h) and NOTE filed
				  8-31-94 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 94, No. 35).
3. Change without regulatory
				  effect amending section filed 1-25-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 5).
Note: Authority cited: Sections
					 472.1(b) and
					 (c) and
					 472.4(f),
					 Business and Professions Code. Reference: Sections
					 472.1(a) and
					 (c) and
					 472.2,
					 Business and Professions Code; and Sections
					 360.5 and
					 363,
					 Financial Code.