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§ 1254. Defaults.


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 § 1254
§ 1254. Defaults.
(a) The absence of a party shall not be grounds for continuance. If a party is not present and that party's absence is not excused, the hearing may proceed and a default entered against the absent party. Statements of Factual and Legal Basis, Orders and/or Awards against a defaulting party may be taken only upon presentation of proof, satisfactory to the arbitrator(s), that reasonably supports such action.
(b) When the matter is heard on a default basis, 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.
(c) Default constitutes a waiver of the defaulting party's rights to cross-examine witnesses, or present evidence to controvert the allegations of the complaint or the answer, or otherwise present any evidence.
Note: Authority cited: Section 11420.20, Government Code. Reference: Section 11420.20, 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 § 1254, 1 CA ADC § 1254
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