Cal. Code Regs. tit. 27 § 28023

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 28023 - Continuances; Adjournment; Dismissal

(a) Continuances may be permitted in the following circumstances:

(1) once a petition for arbitration has been filed with the Director and a determination has been made that arbitration panel will be convened, but prior to a panel being convened, each party may request a maximum of two (2) continuances upon a showing of good cause; and,

(2) once the panel has been convened, any party may request a continuance to the arbitration panel upon a showing of good cause. Before granting a continuance for good cause, the Director or the arbitration panel shall consider fairness to all parties. In either circumstance, a continuance of more than sixty (60) days shall not be approved. The basis for any continuance shall be set forth in the record.

(b) The arbitrators may take adjournments on the request of a party or on their own initiative provided that, to the fullest extent practicable, the arbitration hearing shall not be adjourned prior to the conclusion of the evidentiary hearing on the merits.

(c) An arbitration hearing shall be dismissed by the Director on its own motion or on motion of a party, after notice to the parties, if a final arbitration decision is not issued within two (2) years after notice is mailed pursuant to section 28009.

Cal. Code Regs. Tit. 27, § 28023

1. New section filed 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 3-9-96 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-5-96 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 10-31-96 as an emergency; operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-31-96 order, including amendment of subsection (a), transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3).
6. Change without regulatory effect renumbering title 22, section 15023 to title 27, section 28023, including subsection (c), filed 6-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 25).

Note: Authority cited: Sections 59012, 25356.10, Health and Safety Code. Stats. 1994, ch. 435 (SB 923) Section 3. Reference: Sections 25356.2- 25356.10 and 25398.10- 25398.13, Health and Safety Code.