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§ 1256. Decision.


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 § 1256
§ 1256. Decision.
(a) Form. The arbitrator(s) shall issue a decision after a completed arbitration hearing under this regulation. The decision shall be issued within 30 days after the matter is submitted and shall contain Statements of Factual and Legal Basis, Orders, and/or Awards, as appropriate. The decision shall be signed by the arbitrator or by at least two members of a panel.
(b) Costs. An arbitrator may not assess the costs of items previously agreed to in the agreement to arbitrate between the parties. Costs not agreed to by contract of the parties may be awarded in the arbitrator's discretion.
(c) Filing the Decision. The arbitrator(s) shall file the decision with the OAH, and serve the decision on all parties, including the Agency head, by regular mail, or personal delivery, with proof of service, within 30 days after the matter is submitted.
(d) Effective Date of the Decision. The arbitrator(s) decision shall become effective 30 days after service of the decision upon the parties.
(e) Non-binding Arbitration Decisions. If no party has filed a demand for proceeding de novo pursuant to California Government Code Section 11420.10, subdivision (a)(3), the arbitrator's decision is final.
(f) Binding Arbitration Decisions. In binding arbitrations, the Statements of Factual and Legal Basis, Orders and Awards of the arbitrator(s) shall be final and no proceedings de novo are available. Chapter 4 (commencing with Section 1285) of Title 9, Part 3, of the California Code of Civil Procedure shall control the procedures for review of a decision after binding arbitration.
Note: Authority cited: Section 11420.20, Government Code. Reference: Section 1285 et seq., Code of Civil Procedure; 11420.10, 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 § 1256, 1 CA ADC § 1256
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