Cal. Code Regs. tit. 1 § 1254

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 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.

Cal. Code Regs. Tit. 1, § 1254

1. New section filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25).

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).