reglab/statecodes huggingface dataset:
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 5 - Simplified Claims Procedure › Section 1345 - Hearings and Award

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No decision made by a Public Agency shall
				  be conclusive on any issue in the Arbitration and each Party shall have the
				  burden of proving its affirmative allegations by a preponderance of the
				  evidence as in ordinary civil actions.
(b) Affidavits of witnesses are admissible if
				  the witness is competent and the statements are relevant to the issues
				  established by the Arbitrator and provided they are filed at least 15 days in
				  advance of the hearing. If within at least 5 days in advance of the hearing a
				  Party files a written objection to the proffered testimony, such Party shall be
				  entitled to cross-examine any such witness. Upon failure to produce the witness
				  for cross-examination, the affidavit shall be disregarded as evidence in the
				  case, except to the extent it is otherwise admissible hearsay.
(c) The award shall be in writing affirming,
				  disaffirming or modifying the written decision of the Public Agency and shall
				  be made setting forth the reasons therefor with findings of fact and
				  conclusions of law, unless waived by the Parties. The decision shall be in
				  accordance with the law of this state, supported by substantial
				  evidence.
1. Amendment
					 of subsection (b) filed 4-6-84; effective thirtieth day thereafter (Register
					 84, No. 14)
2. Renumbering of former section
					 345 to new section
					 1345 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1345 to new section
					 1387 and renumbering and amendment
					 of former section
					 1380 to new section
					 1345 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10240.8,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 5 - Simplified Claims Procedure › Section 1346 - Other Provisions Applicable

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as herein provided to the contrary, the provisions
					 of Chapter 4, "Public Works Contract Arbitrations," (Division 2, Title 1,
					 California Code of Regulations), shall be applicable to the simplified claims
					 procedure.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 346 to new section
					 1346 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1346 to new section
					 1388 and renumbering and amendment
					 of former section
					 1381 to new section
					 1346 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 5 - Simplified Claims Procedure › Section 1347 - Submission on Agreed Facts or Summary Judgment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 347 to new section
					 1347 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1347 to new section
					 1386 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 6 - Pleadings › Section 1350 - Complaint, when Due

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to section
				  10240.1
				  of the Public Contract Code, an Arbitration is commenced by filing with the
				  Office of Administrative Hearings in Sacramento a complaint in Arbitration
				  within 90 days from receipt of the final written decision by the Public Agency
				  on the claim or, if no final written decision has been issued, at any time
				  subsequent to 240 days after acceptance of the Contract work. The Petitioner
				  shall serve copies of the complaint on the Respondent and any other named Party
				  pursuant to Section
				  1305.
(b) Arbitration of a dispute with the
				  Contractor may be commenced by the Public Agency by filing with the Office of
				  Administrative Hearings and serving on the Contractor the Public Agency's
				  complaint in Arbitration. The time limit for filing such a complaint by the
				  agency is as limited by the Contract or applicable law.
(c) The Petitioner shall submit with the
				  complaint in Arbitration a non-refundable filing fee established by, and
				  payable to, the Office of Administrative Hearings and the proof of service
				  required in Section
				  1305, or the complaint is deemed
				  not to be filed.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 350 to new section
					 1350 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Amendment of article heading and
					 renumbering of former section
					 1350 to new section
					 1381(b) and
					 renumbering and amendment of former section
					 1363 to new section
					 1350 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
4. Amendment by General Services,
					 Transportation and Water Resources departments of subsection (a) filed
					 8-23-2000; operative 9-22-2000 (Register 2000, No. 34).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 6 - Pleadings › Section 1351 - Contents of Complaint in Arbitration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A complaint by a Contractor shall be
				  limited to the claim or claims presented to the Public Agency as required by
				  the Contract.
(b) A complaint by a
				  Contractor shall be verified in accordance with the provisions of Section
				  446
				  of the Code of Civil Procedure and shall contain:
(1) The caption, title and names of the
				  Parties, as in civil actions, and the Contract number or other Contract
				  designation.
(2) A copy of the
				  final written decision and date of service of the decision from which the
				  Arbitration is demanded.
(3) If no
				  final written decision has been issued, a copy of the document that sets forth
				  the date of acceptance of the Contract work.
(4) The name and address, for purposes of
				  service, of the Petitioner.
(5) The
				  name and address of any Interested Party, if joinder is requested, and any
				  other Party.
(6) A statement to the
				  effect that the claim or claims were previously presented to the Public Agency
				  for decision in compliance with all Contract claims procedures.
(7) In ordinary and concise language, a
				  statement of the claim or claims alleging the basis, with appropriate
				  references to the Contract, for and the dollar amount of each claim.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 6 - Pleadings › Section 1352 - Joinder; Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Petitioner or Respondent may name an
				  Interested Party in a complaint or cross-complaint as a Party whose joinder in
				  the Arbitration is demanded:
(1) If done in
				  the complaint first filed or when first answering a complaint or
				  cross-complaint.
(2) At a later
				  time, only if authorized by the Arbitrator upon motion timely and diligently
				  made.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 6 - Pleadings › Section 1353 - Amendment of Pleadings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Petitioner may amend the complaint prior to the filing of
					 an answer to the complaint by filing the amendment with the Office of
					 Administrative Hearings.
Amendments of the answer to the complaint or of the
					 complaint subsequent to the filing of the answer to the complaint shall be made
					 only for good cause shown. All amendments shall be deemed controverted.
					 Objections to the amendments may be made orally and shall be noted in the
					 record.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 353 to new section
					 1353 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1353 to new section
					 1384 and renumbering of former
					 section 1365 to new section
					 1353 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 6 - Pleadings › Section 1354 - Answer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Not later than thirty (30) days after
				  service of the complaint Respondent shall file an answer to the
				  complaint.
(b) When the state or
				  any public agency or officer of the state is Petitioner, the answer shall be
				  verified, unless an admission of the truth of the complaint might subject the
				  Party to a criminal prosecution. If an objection to the complaint is filed
				  under Section
				  1356, time to answer is extended
				  until 30 days after the Arbitrator has ruled on the objection. The time to
				  answer may be extended by agreement of the relevant Parties, but an extension
				  of time to answer does not extend the time to file an objection to the
				  complaint under Section
				  1356.
(c) The answer or objection will not be filed
				  unless the Respondent submits a non-refundable filing fee, established by and
				  payable to the Office of Administrative Hearings, and proof of service required
				  in section 1305. The Office of Administrative
				  Hearings may defer a Public Agency's timely submission of the filing fee due to
				  delay in enactment of the state budget or similar circumstances out of the
				  control of the Public Agency.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 354 to new section
					 1354 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1354 to new section
					 1389 and renumbering and amendment
					 of former section
					 1366 to new section
					 1354 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
4. New subsection (c) filed 8-12-2004;
					 operative 8-12-2004 pursuant of Government Code section
					 11343.4
					 (Register 2004, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 6 - Pleadings › Section 1355 - Contents of Answer to the Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The answer to the complaint shall be in
				  writing and shall set forth in ordinary and concise language a direct statement
				  of Respondent's defenses to each Claim asserted in the complaint together with
				  any affirmative defenses or cross-complaint to be asserted.
(b) Any allegation of the complaint which is
				  not denied in the answer shall be tried as uncontested and evidence is
				  inadmissible to controvert any such allegation.
(c) Any objections listed in Section
				  1356 may be set forth in the
				  answer, whether or not asserted under Section
				  1356.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 355 to new section
					 1355 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Repealer of former section
					 1355 and renumbering and amendment
					 of former section
					 1367 to new section
					 1355 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 6 - Pleadings › Section 1356 - Objection to Complaint: Grounds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Not later than 30 days after service of
				  the complaint a Respondent, in lieu of filing an answer, may file an objection
				  to the complaint.
(b) The following
				  objections may be raised:
(1) The lack of
				  jurisdiction.
(2) Untimeliness in
				  filing the complaint in Arbitration.
(3) Failure to state a claim upon which any
				  relief can be granted.
(4)
				  Ambiguity, uncertainty or unintelligibility of the complaint or parts
				  thereof.
(5) Failure to comply with
				  the statutes or regulations governing these Arbitrations.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 6 - Pleadings › Section 1357 - Cross-Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the provisions of these rules
				  and applicable law including joinder of Interested Parties, cross-complaints
				  may be filed and served as follows:
(1) At
				  the time of answering a complaint or cross-complaint; or
(2) At a later time, if authorized by the
				  Arbitrator upon a showing of good cause.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 7 - Discovery and Motions › Section 1361 - Motions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All motions by the Parties shall be in writing, unless made
					 on the record during hearing, and shall clearly state the action requested and
					 the grounds relied upon. The original written motion, together with evidence of
					 service of true copies thereof on all other Parties and the Arbitrator, shall
					 be filed in the Office of Administrative Hearings. The Arbitrator shall conduct
					 such proceedings and make such orders as deemed necessary to dispose of the
					 issues raised by the motion.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Repealer filed 5-7-92; operative 6-8-92 (Register 92, No.
					 19).
3. Renumbering of former section
					 361 to new section
					 1361 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
4. Renumbering and amendment of former
					 section 1344 to new section
					 1361 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 7 - Discovery and Motions › Section 1362 - Notice of Representation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Repealer filed 5-7-92; operative 6-8-92 (Register 92, No.
					 19).
3. Renumbering of former section
					 362 to new section
					 1362 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 7 - Discovery and Motions › Section 1363 - Complaint, when Due

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Repealer and new section filed 5-7-92; operative 6-8-92
					 (Register 92, No. 19).
3. Renumbering of former section
					 363 to new section
					 1363 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
4. Renumbering and amendment of former
					 section 1363 to new section
					 1350 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 7 - Discovery and Motions › Section 1364 - Contents of Complaint in Arbitration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Amendment filed 5-7-92; operative 6-8-92 (Register 92, No.
					 19).
3. Renumbering of former section
					 364 to new section
					 1364 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
4. Renumbering and amendment of former
					 section 1364 to new section
					 1351 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 7 - Discovery and Motions › Section 1365 - Amendment of Pleadings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 365 to new section
					 1365 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering and amendment of former
					 section 1365 to new section
					 1353 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 7 - Discovery and Motions › Section 1366 - Answer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 366 to new section
					 1366 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering and amendment of former
					 section 1366 to new section
					 1354 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 7 - Discovery and Motions › Section 1367 - Contents of Answer to the Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 367 to new section
					 1367 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering and amendment of former
					 section 1367 to new section
					 1355 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 7 - Discovery and Motions › Section 1368 - Objection to Complaint: Grounds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Amendment of subsection (b)(2) filed 5-7-92; operative
					 6-8-92 (Register 92, No. 19).
3. Renumbering of former section
					 368 to new section
					 1368 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
4. Renumbering and amendment of former
					 section 1368 to new section
					 1356 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 7 - Discovery and Motions › Section 1369 - Cross-Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 369 to new section
					 1369 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering and amendment of former
					 section 1369 to new section
					 1357 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5,
						10240.9
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 8 - Default › Section 1370 - Failure to Respond to Complaint or Cross-Complaint in Arbitration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Failure of any Party to file an answer or objection to a
					 complaint or cross-complaint pursuant to this subchapter is cause for holding
					 such Party to be in default.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 370 to new section
					 1370 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Amendment filed 8-15-97; operative 8-15-97
					 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 8 - Default › Section 1371 - Disobedience of Lawful Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The failure or refusal of any Party to comply, after due
					 notice, with any lawful order of the Arbitrator is cause for holding the Party
					 to be in default.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 371 to new section
					 1371 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Amendment filed 8-15-97; operative 8-15-97
					 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
4. Amendment of section by General Services,
					 Transportation and Water Resources departments filed 8-23-2000; operative
					 9-22-2000 (Register 2000, No. 34).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 8 - Default › Section 1372 - Default at Time of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The failure or refusal of a Party of record to (1) timely
					 appear at a hearing on the merits after due notice thereof, or (2) comply with
					 any lawful order of the Arbitrator, at the hearing, is cause for holding such
					 Party to be in default.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 372 to new section
					 1372 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1372 to new section
					 1374 and renumbering and amendment
					 of former section
					 1373 to new section
					 1372 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 8 - Default › Section 1373 - Default Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the matter is tried as uncontested, the Party not in
					 default has the burden of proof of affirmative allegations, and affirmative
					 findings shall be based only on the express admissions of the defaulted Party,
					 judicially noticeable facts, or on evidence which would support findings of
					 fact in an uncontested civil trial, or any combination thereof.
In proceedings conducted under this section, a Party in
					 default has no right to cross-examine witnesses, or present any evidence to
					 controvert the allegations of the complaint or the answer, or otherwise present
					 any evidence.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 373 to new section
					 1373 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1373 to new section
					 1372 and renumbering of former
					 section 1352 to new section
					 1373, including amendment of
					 section heading and section, filed 8-15-97; operative 8-15-97 pursuant to
					 Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 8 - Default › Section 1374 - Entry of Default

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The entry in the record of the default of any Party for
					 cause shall be by order of the Arbitrator either upon written motion and
					 proceedings pursuant to Section
					 1373, or upon stipulation of the
					 Parties.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 374 to new section
					 1374 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1374 to new section
					 1375 and renumbering and amendment
					 of former section
					 1372 to new section
					 1374 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 8 - Default › Section 1375 - Effect of a Default

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon a finding by the Arbitrator on the record that a Party
					 is in default, the Arbitration shall proceed in accordance with Section
					 1373 with respect to that
					 Party.
1.
					 Renumbering and amendment of former Article 9 (Sections
					 380-382) to Article 10 (Sections
					 390-393) and new Article 9
					 (Sections 375-381) filed 4-6-84; effective
					 thirtieth day thereafter (Register 84, No. 14).
2. Renumbering of
					 former section
					 375 to new section
					 1375 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Renumbering of former section
					 1375 to new section
					 1340 and renumbering and amendment
					 of former section
					 1374 to new section
					 1375 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 8 - Default › Section 1376 - Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of former section
					 376 to new section
					 1376 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
2. Renumbering of former section
					 1376 to new section
					 1341 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 8 - Default › Section 1377 - Selection of Arbitrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of former section
					 377 to new section
					 1377 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
2. Renumbering of former section
					 1377 to new section
					 1342 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 8 - Default › Section 1378 - Limited Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of former section
					 378 to new section
					 1378 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
2. Renumbering of former section
					 1378 to new section
					 1343 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 8 - Default › Section 1379 - Initial Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of former section
					 379 to new section
					 1379 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
2. Renumbering of former section
					 1379 to new section
					 1344 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 9 - Hearings › Section 1380 - Prehearing Conference; Preparation for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless the Petitioner, Respondent and
				  Arbitrator otherwise agree, the Arbitrator shall order a prehearing conference.
				  At the conference, the Arbitrator may consider, as appropriate, any of the
				  following:
(1) The simplification or
				  clarification of the issues;
(2)
				  The possibility of obtaining stipulations, admissions, agreements on documents,
				  understanding on matters already of record, use of affidavits, or similar
				  agreements which will avoid unnecessary proof;
(3) The limitation of the number of expert
				  witnesses, or avoidance of similar cumulative evidence, if the case is to be
				  heard;
(4) The possibility of
				  agreement disposing of all or any of the issues in dispute;
(5) The desirability or necessity for
				  prehearing briefs;
(6) A timetable
				  for completion of discovery;
(7)
				  Date for commencement of the hearing on the merits and an estimate of time for
				  the hearing;
(8) Such other matters
				  as may aid in the disposition of the Arbitration. The results of the conference
				  shall be reduced to writing by the Arbitrator in the presence of the Parties,
				  and this writing shall thereafter constitute part of the record.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 9 - Hearings › Section 1381 - Setting, Notice and Place of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Arbitrator, in coordination with the
				  Parties and the Office of Administrative Hearings, shall set the date and time
				  for all hearings conducted under these rules and shall serve written notice
				  thereof on all Parties no later than 15 days prior to the date of hearing,
				  provided, however, that no less than 30 days' notice shall be given for the
				  hearing on the merits of the Arbitration.
(b) In the absence of agreement of the
				  Petitioner and Respondent, the Arbitrator may, for the convenience of
				  Petitioner, Respondent and the Arbitrator, order any hearing at any
				  location.
1.
					 Renumbering of former section
					 381 to new section
					 1381 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
2. Renumbering of former section
					 1381 to new section
					 1346, renumbering and amendment of
					 former section
					 1313 to new section
					 1381(a), and
					 renumbering and amendment of former section
					 1350 to new section
					 1381(b) filed
					 8-15-97; operative 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						1670, Civil
						Code; Executive Order No. B50-78; and Sections
						10240.5
						and
						10245.4,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 9 - Hearings › Section 1382 - Arguments, Briefs and Proposed Findings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Arbitrator may require the Parties
				  before, during or following a hearing to submit arguments or briefs on some or
				  all of the issues.
(b) As a part of
				  or in lieu of argument or briefs, the Arbitrator, prior to taking the issues
				  under submission for decision, may require the Parties to submit proposed
				  findings of fact and conclusions of law on some or all of the issues. When a
				  proposed finding of fact is thus required to be submitted on an issue, the
				  failure of a Party to propose such finding may be treated by the Arbitrator as
				  a waiver of that Party's contentions with respect thereto.
1.
					 Renumbering and amendment of former section
					 1334 to new section
					 1382 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 9 - Hearings › Section 1383 - Attendance at Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Arbitration hearings shall be open to
				  the public unless the attendance of individuals or groups of individuals would
				  disrupt or delay the orderly conduct or timely completion of the
				  proceedings.
(b) Subject to
				  subdivisions (c) and (d), the Arbitrator, at the request of any Party, may
				  exclude any witness not at the time under examination so that such witness
				  cannot hear the testimony of other witnesses.
(c) A Party to the Arbitration cannot be
				  excluded under this section.
(d) If
				  a person other than a natural person is a Party to the Arbitration, an officer
				  or employee designated by its attorney or representative is entitled to be
				  present to assist in the presentation of that Party's case.
1.
					 Renumbering and amendment of former section
					 1351 to new section
					 1383 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 9 - Hearings › Section 1384 - Bifurcation of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Arbitrator may order separate determination of issues,
					 including liability and damages, in any proceeding which is the subject of this
					 subchapter.
1.
					 Renumbering of former section
					 1353 to new section
					 1384 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 9 - Hearings › Section 1385 - Continuances; Adjournment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Continuances or extensions of time may be
				  permitted for good cause or on stipulation of all relevant Parties. A showing
				  of good cause for any continuance or the basis of the stipulation shall be set
				  forth in the record.
(b) The
				  Arbitrator may take adjournments on the request of a Party or on the
				  Arbitrator's own initiative, provided that, to the fullest extent practicable
				  and consistent with the rights of the Parties the Arbitration hearing shall not
				  be adjourned after the commencement of an evidentiary hearing on the
				  merits.
1.
					 Renumbering and amendment of former section
					 1343 to new section
					 1385 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.
California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 4 - Arbitration of Claims Under State Contract Act Contracts › Article 9 - Hearings › Section 1386 - Submission on Agreed Facts or Summary Judgment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) By stipulation of the relevant Parties,
				  any matter or issue pending before the Arbitrator may be submitted on an agreed
				  statement of facts. The Arbitrator may permit arguments thereon, written or
				  oral, and render an award based on the agreed statements submitted and such
				  arguments.
(b) At any time prior to
				  commencement of the hearing on the merits any Party may file a motion for
				  summary judgment as provided for in the Code of Civil Procedure Section
				  437c.
				  Where the declarations and affidavits filed therein by the Parties indicate
				  that no triable issue as to any material fact exists, the Arbitrator shall
				  enter the award based upon the facts, the law and the Contract.
1.
					 Renumbering and amendment of former section
					 1347 to new section
					 1386 filed 8-15-97; operative
					 8-15-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 33).
Note: Authority cited: Sections
						10240.5
						and
						10245.2,
						Public Contract Code. Reference: Section
						10240.5,
						Public Contract Code.