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§ 1322. Disclosure and Challenge Procedure.

1 CA ADC § 1322BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
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
1 CCR § 1322
§ 1322. Disclosure and Challenge Procedure.
(a) The Office of Administrative Hearings shall notify the arbitrator of selection as arbitrator. On notice of selection, the prospective Arbitrator, including one selected by the Superior Court, shall disclose to the Office of Administrative Hearings any circumstances likely to prevent a prompt hearing and decision or to create a presumption of bias. The disclosures shall satisfy the requirements of Standards 1, 4, 5, 6, 9, 10 (except subdivision (d)), and 11; Standard 2 (a) through (c), and (h) through (l); and Standard 7 except for subdivision (b)(12) of the Ethics Standards for Neutral Arbitrators in Contractual Arbitration, Cal. Rules of Court, Appendix, Div. VI (Amended effective January 1, 2003). For purposes of disclosure under these standards the following definitions apply:
(1) “Member of the arbitrator's immediate family” includes the arbitrator's spouse or domestic partner (as defined in Family Code section 297) and children living in the arbitrator's household.
(2) “Member of the arbitrator's extended family” includes the members of the arbitrator's immediate family and the parents, children and siblings of the arbitrator or the arbitrator's spouse or domestic partner (as defined in Family Code section 297) and the spouse of those persons.
(b) Upon disclosure, the Office of Administrative Hearings shall advise the Parties of the information in writing. The prospective Arbitrator shall be disqualified by the Office of Administrative Hearings if an objection is made to the Office of Administrative Hearings by Petitioner or Respondent within ten days from the date of receipt of the information. If neither Petitioner or Respondent objects within the time specified, the prospective Arbitrator shall be deemed acceptable.
(c) After appointment, an arbitrator has a continuing duty to make any disclosures required in subdivision (a) to the Office of Administrative Hearings. Upon disclosure, the Office of Administrative Hearings shall advise the Parties of the information and their right to object. If neither Petitioner or Respondent objects within the time specified, the Arbitrator shall continue to be deemed acceptable. In addition, a party who becomes aware that an arbitrator has made a material misrepresentation or material omission in his/her disclosures, may within 15 days of becoming aware of the misrepresentation or omission, object to the Office of Administrative Hearings, clearly describing the material misrepresentation or material omission and how and when he/she became aware of it. If a timely objection is made to the Office of Administrative Hearings by the Petitioner or Respondent and the Office of Administrative Hearings determines good cause for disqualification exists, the arbitrator shall be disqualified.
Note: Authority cited: Sections 10240.5 and 10245.2, Public Contract Code. Reference: Sections 10240.5 and 10245.4, Public Contract Code.
HISTORY
1. Amendment of NOTE filed 4-6-84; effective thirtieth day thereafter (Register 84, No. 14).
2. Renumbering of former section 322 to new section 1322 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 1322 to section 1323 and renumbering and amendment of former section 1323 to section 1322 filed 8-12-2004; operative 8-12-2004 pursuant of Government Code section 11343.4 (Register 2004, No. 33).
This database is current through 7/29/22 Register 2022, No. 30
1 CCR § 1322, 1 CA ADC § 1322
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