Section 551.16 - Informal Mediation Process(a) Upon receipt of the request for informal mediation, the Board staff will initiate a conference call with the parties to ascertain whether the licensee or applicant for license whose activities or practices are in question is agreeable to participating in informal mediation.(b) If the licensee or applicant for license whose activities or practices are in question is not agreeable to participating in informal mediation, either party may request that this matter be converted to a petition proceeding pursuant to Article 1, section 551.17.(c) If the licensee or applicant for license whose activities or practices are in question is agreeable to participating in informal mediation, a mutually agreeable date for informal mediation will be calendared.(1) Upon order of the board, and at least five business days prior to participating in informal mediation, the parties shall file and serve a premediation statement which includes a detailed statement of facts, statement of issues, and a realistic proposal for resolving the dispute.(2) The board, its executive director, or an administrative law judge designated by the board or its executive director, shall preside over the informal mediation.(3) Evidence set forth in declarations of expert or percipient witnesses made under penalty of perjury may be considered by the board, its executive director, or an administrative law judge designated by the board or its executive director, in their discretion.(4) At any time during informal mediation, either party may request that this matter be converted to a petition proceeding pursuant to Article 1, section 551.17(5) All communications, negotiations, or settlement discussions by and between participants in the course of informal mediation shall remain confidential.Cal. Code Regs. Tit. 13, § 551.16
1. New section filed 2-4-2003; operative 3-6-2003 (Register 2003, No. 6).
2. Change without regulatory effect amending subsections (c)(2)-(3) filed 12-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
3. Editorial correction of subsection (c)(3) (Register 2014, No. 28).
4. Change without regulatory effect amending NOTE filed 2-26-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 9).
5. Change without regulatory effect amending subsection (c)(3) filed 8-22-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 34). Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Section 3050, Vehicle Code.
1. New section filed 2-4-2003; operative 3-6-2003 (Register 2003, No. 6).
2. Change without regulatory effect amending subsections (c)(2)-(3) filed 12-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
3. Editorial correction of subsection (c)(3) (Register 2014, No. 28).
4. Change without regulatory effect amending Note filed 2-26-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 9).
5. Change without regulatory effect amending subsection (c)(3) filed 8-22-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 34).