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§ 1252. Procedures at Arbitration.


Barclays Official California Code of Regulations Currentness
Title 1. General Provisions
Division 2. Office of Administrative Hearings
Chapter 3. Agency Alternatives to Formal Hearings - Alternative Dispute Resolution
Article 3. Arbitration
1 CCR § 1252
§ 1252. Procedures at Arbitration.
(a) Presumption Against Bifurcation. Except in extraordinary circumstances, the arbitrator(s) shall not bifurcate the arbitration.
(b) Quorum. Where a panel of three arbitrators has been selected, any two members of a panel shall constitute a quorum, but the concurrence of a majority of the entire panel shall be required for any action or decision by the panel, unless the parties stipulate otherwise.
(c) Subpoenas. Attendance of witnesses and production of documents may be compelled in accordance with California Government Code Sections 11450.05 through 11450.50. Service of subpoenas may be accomplished by personal delivery with proof of service or service by certified mail, return receipt requested, postage prepaid, to the last known address of the subpoenaed party.
(d) Oath and Cross-Examination. All testimony shall be taken under oath or affirmation and shall be subject to reasonable cross-examination. Affidavits submitted must comply with California Government Code Section 11514.
(e) Evidence. In receiving evidence, the arbitrator(s) shall be guided by California Government Code Section 11513, but shall not thereby be precluded from receiving evidence which the arbitrator(s) consider(s) relevant and trustworthy and which is not privileged.
(f) Transcript or Recording.
(1) In non-binding arbitration, the proceedings shall not be recorded or reported unless otherwise agreed by all parties.
(2) In binding arbitration, a party may cause a transcript or recording of the proceedings to be made and shall provide a copy to any other party who requests it and who agrees to pay the reasonable costs of having a copy made.
Note: Authority cited: Section 11420.20, Government Code. Reference: Sections 11450.05-11450.50, 11513 and 11514, Government Code.
1. New section filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25).
This database is current through 7/29/22 Register 2022, No. 30
1 CCR § 1252, 1 CA ADC § 1252
End of Document