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 3 - Selection of Arbitrator › Section 1321 - Selection of Arbitrators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless the Petitioner and Respondent
				  otherwise agree, there shall be only one Arbitrator who shall be selected as
				  hereinafter provided.
(b) The
				  Petitioner and Respondent shall have until 20 days after service of the
				  complaint upon Respondent to agree on the selection of an Arbitrator. If no
				  such agreement is reached, the Petitioner and Respondent shall, within 30 days
				  after service of the complaint upon Respondent, file a list of 5 acceptable
				  Arbitrators ranked in order of preference with the Office of Administrative
				  Hearings. Notwithstanding Section
				  1305, this list need not be sent to
				  the other parties. OAH shall strike any names over five. If either or both
				  Petitioner or Respondent fails to submit a list or to include five names on its
				  list the Office of Administrative Hearings shall compose or complete the list
				  with names of persons selected at random, who have been enrolled on the panel
				  certified by the Public Works Contract Arbitration Committee and who have
				  indicated a willingness to serve as an Arbitrator in the location for the
				  hearing. Names selected at random shall be listed and accorded preference in
				  the order of their selection. If one or more names appear in common on both
				  lists submitted by the Petitioner and Respondent, the Office of Administrative
				  Hearings shall appoint the Arbitrator from among such names and in accordance
				  with the preferences indicated by the lists.
(c) If no name on the lists of five names
				  appears in common, the Office of Administrative Hearings shall combine the
				  listed names with ten additional names from the certified panel and submit
				  simultaneously to the Petitioner and Respondent a list of names so constituted.
				  The names selected from the certified panel shall be selected at random from
				  those who have indicated a willingness to serve as an Arbitrator in the
				  location for the hearing unless the Petitioner and Respondent agree that those
				  so named be limited to persons with expressly designated special technical
				  expertise or qualifications.
(d)
				  The Petitioner and Respondent each shall, within 15 days from the mailing date
				  of the list, cross off any names to which it objects, number the remaining
				  names indicating the order of preference, and file the list with the Office of
				  Administrative Hearings with a copy to each other. If either or both Petitioner
				  or Respondent does not return the list within the time specified or does not
				  indicate an order of preference, all persons named therein shall be deemed
				  equally acceptable.
From among the persons who have been approved on both
					 lists, and in accordance with the designated order of mutual preference, the
					 Office of Administrative Hearings shall appoint the Arbitrator. If for any
					 reason the appointment cannot be made from the submitted list, the Office of
					 Administrative Hearings shall repeat the submission process with an entirely
					 different list of 20 names selected at random from those who have indicated a
					 willingness to serve as an Arbitrator in the location for the hearing.
If after this second submission or six months from the
					 filing of the complaint, whichever comes first, an Arbitrator has not been
					 selected, either Petitioner or Respondent may petition the Superior Court to
					 select one or more Arbitrators in order of preference from among those who have
					 indicated a willingness to serve as an Arbitrator in the location for the
					 hearing.
(e) If the name of
				  a person is submitted as an acceptable Arbitrator and the person is not
				  enrolled on the certified panel of Arbitrators, the Petitioner or Respondent
				  submitting such name at the same time shall also submit a statement of
				  qualifications similar to that required of persons on the certified panel.
				  Failure to submit the required statement of qualifications shall result in
				  elimination of that person's name from the list submitted.
1. Amendment
					 filed 4-6-84; effective thirtieth day thereafter (Register 84, No.
					 14).
2. Renumbering of former section
					 321 to new section
					 1321 filed 6-20-97; operative
					 7-1-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 25).
3. Amendment of subsections (b), (c) and (d)
					 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 (b) filed
					 8-23-2000; operative 9-22-2000 (Register 2000, No. 34).
5. Amendment
					 of subsection (d) 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
						10240.3,
						10240.5,
						10245.3
						and
						10245.4,
						Public Contract Code.