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§ 1428. Prehearing Conference.


Barclays Official California Code of Regulations Currentness
Title 1. General Provisions
Division 2. Office of Administrative Hearings
Chapter 5. Procedures for Conducting Protests Under the Alternative Protest Pilot Project
Article 3. Arbitration Procedure
1 CCR § 1428
§ 1428. Prehearing Conference.
(a) If the arbitrator determines that a prehearing conference is necessary, OAH shall set the time and place and notify Protestant(s), the Awardee, and Procurement at least 5 working days prior to the prehearing conference.
(b) The prehearing conference shall be held to identify and define issues in dispute and expedite the arbitration. The parties should be prepared to discuss, and the arbitrator may consider and rule on, any of the following matters applicable to the protest:
(1) Clarification of factual and legal issues in dispute as set forth in the Detailed Written Statement of Protest.
(2) The extent to which testimony shall be permitted and the extent to which cross-examination will be allowed.
(3) Identity of and limitations on number of witnesses, need for interpreters, scheduling and order of witnesses, etc.
(4) Any other matters as shall promote the orderly and efficient conduct of the hearing.
(c) At the prehearing conference, Protestant(s), the Awardee, and Procurement shall deliver a written statement which contains the name of each witness a party wishes to call at hearing along with a brief written statement of the subject matter of the witness's expected testimony. If the arbitrator, in his or her exclusive discretion, allows an expert witness to be called, the party calling the witness shall provide the name and address of the expert along with a brief statement of the opinion the expert is expected to give. The party shall also attach a statement of qualifications for the expert witness.
Note: Authority cited: Section 12126, Public Contract Code. Reference: Sections 12125-12130, Public Contract Code.
1. New section filed 8-18-98; operative 8-18-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 34).
This database is current through 7/29/22 Register 2022, No. 30
1 CCR § 1428, 1 CA ADC § 1428
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