Cal. Code Regs. tit. 1 § 1350

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

Section 1350 - Complaint, when Due

(a) Pursuant to section 10240.1 of the Public Contract Code, an Arbitration is commenced by filing with the Office of Administrative Hearings in Sacramento a complaint in Arbitration within 90 days from receipt of the final written decision by the Public Agency on the claim or, if no final written decision has been issued, at any time subsequent to 240 days after acceptance of the Contract work. The Petitioner shall serve copies of the complaint on the Respondent and any other named Party pursuant to Section 1305.

(b) Arbitration of a dispute with the Contractor may be commenced by the Public Agency by filing with the Office of Administrative Hearings and serving on the Contractor the Public Agency's complaint in Arbitration. The time limit for filing such a complaint by the agency is as limited by the Contract or applicable law.

(c) The Petitioner shall submit with the complaint in Arbitration a non-refundable filing fee established by, and payable to, the Office of Administrative Hearings and the proof of service required in Section 1305, or the complaint is deemed not to be filed.

Cal. Code Regs. Tit. 1, § 1350

1. Amendment filed 4-6-84; effective thirtieth day thereafter (Register 84, No. 14).
2. Renumbering of former section 350 to new section 1350 filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25).
3. Amendment of article heading and renumbering of former section 1350 to new section 1381(b) and renumbering and amendment of former section 1363 to new section 1350 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 (a) 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.