California Administrative Code

The following time deadlines shall be observed: (a) Any petition submitted pursuant to Health and Safety Code Section 38061 shall be filed with either the Health and Welfare Agency, or the component department within that Agency, whichever is involved in the direct service contra…

(a) Upon receipt of a petition from a private, non-profit human service organization appealing one or more of the circumstances set forth in Health and Safety Code Section 38061, the Health and Welfare Agency or its component department involved in the dispute shall have ten (10)…

Hearings conducted under the appeal procedure established under Health and Safety Code Section 38057 shall be electronically recorded. The Office of Administrative Hearings shall arrange for any such electronic recording. Cost of transcription or reproduction of the electronic re…

A hearing on a petition filed by a private, non-profit human service organization shall be held in the San Francisco office of the Office of Administrative Hearings if the transaction occurred or the organization resides within the First Appellate District, be held in the Los Ang…

A petition by a private, non-profit human service organization requesting a hearing authorized by the provisions of Health and Safety Code Section 38057 shall be submitted in writing to the Health and Welfare Agency or its component department, whichever is involved in the direct…

(a) “Class” means a presentation of course material to a specific group of enrolled students. (b) “Classroom” means a prelicensing or continuing education place of instruction with sufficient space designed so that instructor(s) and students can communicate face-to-face in a phys…

Parties shall at all times keep the Office of Administrative Hearings currently advised as to any change in or substitution of representation or any change in the address or telephone number of its representative.

(a) A hearing officer may issue subpoenas and subpoenas duces tecum at the request of any party for attendance or production of documents at the hearing. Compliance with the provisions of Section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance o…

(a) Oral evidence shall be taken only on oath or affirmation. (b) Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues; to impeach any witness regardless of which party f…

An Office of Administrative Hearings hearing officer shall have the following powers when conducting a hearing on an appeal by a private, non-profit human service organization: (a) take all steps necessary to conduct an orderly hearing; (b) issue appropriate orders; (c) rule on r…

(a) A regulation shall “serve the same purpose,” as that term is used in Government Code Section 11349(f), where it either repeats or rephrases in whole or in part a state or federal statute or regulation. (b) A regulation which duplicates a state or federal statute or regulation…

(a) This chapter applies to disputes which are the subject of adjudicative proceedings. (b) These regulations shall be effective July 1, 1997, and shall be construed to encourage the fair and expeditious resolution of disputes. (c) If an agency by regulation provides inconsistent…

The purpose of Alternative Dispute (ADR) is to provide a less expensive and more satisfying alternative to administrative adjudication without diminishing the quality of justice or the parties' right to a hearing.

(a) “Agency or Agencies” refers to any agency subject to § 11410.20 of the Government Code. (b) “Alternative dispute resolution” or “ADR” is a method, procedure, or technique used in lieu of traditional or formal adjudication to voluntarily resolve a dispute. As used in this chap…

(a) Request by Party Other Than Agency. Any party, other than the Agency, interested in resolving a dispute may request ADR by applying to an Agency's Executive Officer, Director, or Agency designee. The application shall contain: (1) an election to mediate, to arbitrate, or to u…

Any Neutral participating in mediation or arbitration pursuant to these regulations shall comply in good faith with these standards. A Neutral shall indicate compliance on the Neutral's résumé by appending the Neutral's signature on the sentence “I agree to comply with the Califo…

(a) Content of File. The OAH shall maintain a file containing the names and résumés of mediators and arbitrators. Information about Neutrals shall be kept on file for a minimum of one year unless the Neutral requests in writing to be removed. Neutrals may update their résumés not…

Mediation refers to a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is a voluntary, informal and nonadversarial process with the objective of helping the disputing parties reac…

Any party to a dispute may initiate mediation by filing a request for mediation as specified in Section 1206.

The parties may agree on a mediator to assist them in the resolution of their dispute. On occasion, parties may not be able to agree on a mediator. In such a situation, each party may select 5 names either from the résumés on file with the OAH or from another source. If a mediato…

Compensation of the mediator and any other associated costs shall be the responsibility of the parties to the mediation. An agreement regarding compensation and costs shall be reached between the mediator and the parties before the mediation is commenced and shall be memorialized…

In consultation with the parties, the mediator shall fix the date, time and place of each mediation session. The mediation shall be held at any convenient location agreeable to the parties and the mediator. Mediation shall be completed within 60 days of the appointment of the med…

All involved parties shall attend the mediation session(s). A party other than a natural person (e.g., a corporate or governmental entity or association) satisfies this attendance requirement by sending a representative familiar with the facts of the case, and that person shall h…

The mediator will determine the manner in which the issues in dispute shall be framed and addressed. The parties should expect that the mediator will request a premediation statement outlining facts, issues, and perspectives in advance of the mediation session. At the discretion …

Confidentiality shall be governed by Government Code Section 11420.30, and Evidence Code Sections 703.5, 1152.5, and 1152.6.

Agreements resolving the mediated dispute shall be written, signed, and dated by the parties or an authorized representative of the party or parties.

Any party or the Neutral may terminate the mediation at any time by written notice to the mediator and other parties. If any party or the Neutral terminates the mediation, or if mediation does not result in resolution, the parties shall resume the same status as before mediation …

(a) Arbitration under these regulations is an adjudicative process in which an arbitrator or panel of arbitrators issues a decision on the merits after a hearing. Except as set forth herein, arbitrations are governed by the Administrative Procedure Act (commencing with Government…

At any time prior to a formal administrative hearing, a matter may be referred to arbitration by request, as specified in 1206. The written consent shall indicate whether the arbitration is binding or non-binding. Unless all parties agree to binding arbitration, the arbitration s…

(a) Selection of Arbitrator by Mutual Agreement (1) Once the parties agree to arbitration they shall then confer to select a single arbitrator or, if the parties so agree, a panel of three arbitrators. Unless the parties agree otherwise, selection of the arbitrator(s) shall take …

Responsibility for the payment of arbitrator(s) fees and all other costs of the arbitration shall be established by written agreement among the parties and the arbitrator(s), executed not less than ten calendar days before the first scheduled hearing date. If there are rental fee…

(a) Date and Time. The parties and the arbitrator(s) shall confer and mutually agree on the date(s) and time(s) for hearing. The date of hearing shall be scheduled to commence not more than 120 days after selection of the arbitrator(s). If the case is resolved before the hearing …

Discovery pursuant to California Government Code Section 11507.6 shall be commenced in arbitration cases by service of requests for discovery. Parties may serve requests for discovery by regular mail or personal discovery, with proof of service, to the last known address of the p…

The arbitrator(s) shall schedule a brief joint conference with counsel for the parties or with the parties themselves, if they are not represented, at least 15 days before the arbitration hearing to discuss matters such as whether the arbitration will be binding or non-binding, a…

(a) Time for Submission. No later than 10 calendar days before the arbitration hearing, each party shall submit directly to the arbitrator(s), and shall serve on all other parties a written arbitration statement by regular mail, facsimile, or other acceptable electronic means, ac…

Each party and/or the party's counsel shall attend the arbitration hearing. A party other than a natural person (e.g., a corporate or governmental entity or association) satisfies this attendance requirement if represented by a designated legal representative who has immediate ac…

(a) Arbitrators shall be authorized to: (1) Administer oaths and affirmations; (2) Make reasonable rulings as are necessary for the fair, impartial, and efficient conduct of the hearing including, but not limited to, granting continuances for good cause shown; and, (3) Make State…

(a) Presumption Against Bifurcation. Except in extraordinary circumstances, the arbitrator(s) shall not bifurcate the arbitration. (b) Quorum. Where a panel of three arbitrators has been selected, any two members of a panel shall constitute a quorum, but the concurrence of a majo…

(a) If the arbitrator determines that a prehearing conference is necessary, OAH shall set the time and place and notify Protestant(s), the Awardee, and Procurement at least 5 working days prior to the prehearing conference. (b) The prehearing conference shall be held to identify …