Cal. Code Regs. tit. 1 § 1342

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

Section 1342 - Simplified Selection of Arbitrator

(a) The Petitioner and Respondent may select an Arbitrator by agreement.

(b) If the Petitioner and Respondent do not agree upon an Arbitrator, the Office of Administrative Hearings shall promptly prepare a list of twenty potential Arbitrators selected at random from those who have indicated a willingness to serve as an Arbitrator in the location for the hearing. Within ten days from the mailing, the Petitioner and Respondent each may cross off the names of not more than ten to which it objects, numbering the remaining names in the order of preference and return the list to the Office of Administrative Hearings with a copy to the other. If either the Petitioner or Respondent does not return the list within the time specified or does not indicate an order of preference, all persons named therein shall be deemed equally acceptable. The Office of Administrative Hearings shall appoint the Arbitrator from among the persons whose names remain in accordance with the designated order of mutual preference. The disclosure and challenge procedure in Section 1323 shall apply. If for any reason the appointment cannot be made from the submitted list, the Office of Administrative Hearings shall repeat the process until an Arbitrator is selected.

Cal. Code Regs. Tit. 1, § 1342

1. Amendment filed 4-6-84; effective thirtieth day thereafter (Register 84, No. 14).
2. Renumbering of former section 342 to new section 1342 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 1342 to new section 1380 and renumbering of former section 1377 to new section 1342, including amendment of section heading and section, filed 8-15-97; operative 8-15-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 33).
4. Amendment by General Services, Transportation and Water Resources departments of subsection (b) filed 8-23-2000; operative 9-22-2000 (Register 2000, No. 34).

Note: Authority cited: Sections 10240.5 and 10245.2, Public Contract Code. Reference: Sections 10240.5 and 10245.4, Public Contract Code.