Cal. Code Regs. tit. 1 § 1392

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 1392 - Decision on Costs and Attorney's Fees

(a) The cost of conducting the Arbitration shall be borne equally by the Parties and in no case awarded to the prevailing Party. These costs shall include:

(1) The Arbitrator's fee.

(2) The costs of recording and transcribing the proceedings.

(3) Any fees necessary to secure and maintain a hearing room.

(4) Any fees for expert or technical advisors requested pursuant to Section 1333.

(b) Other costs, including the filing fees, witness fees, costs of discovery, or any other cost necessarily incurred by one Party, other than attorney's fees, may be awarded to the prevailing Party in the Arbitrator's discretion on the same basis as is allowed in civil actions. These costs shall be taxed as in civil actions.

(c) Reasonable attorney's fees may be awarded in accordance with Public Contract Code Section 10240.13 or other applicable law, if any.

(d) A petition for interest, costs and attorney's fees must be filed by any Party within 15 days of receipt of the decision on any objections filed pursuant to Section 1390(b) or, if there is no objection, within 30 days of receipt of the Decision on the Merits. Any response to a petition for interest, costs and attorneys fees shall be filed within 15 days of receipt of the petition. Any petition for interest, costs or attorney's fees shall be promptly determined and assessed by the Arbitrator in a separate hearing, as necessary, following the Decision on the Merits of the claim, and a Decision on Costs issued.

Cal. Code Regs. Tit. 1, § 1392

1. Renumbering of former section 392 to new section 1392 filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25).
2. Amendment filed 8-15-97; operative 8-15-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 33).
3. Amendment by General Services, Transportation and Water Resources departments of subsection (d) filed 8-23-2000; operative 9-22-2000 (Register 2000, No. 34).
4. Amendment of subsection (d) filed 8-12-2004; operative 8-12-2004 pursuant of Government Code section 11343.4 (Register 2004, No. 33).
5. Editorial correction of HISTORY 4 (Register 2004, No. 43).

Note: Authority cited: Section 10240.5, Public Contract Code. Reference: Sections 10240.5 and 10240.13, Public Contract Code.