Cal. Code Regs. Tit. 4, § 227 - Arbitration Procedures
(a) A
person who seeks arbitration of a contract dispute pursuant to Rule 221 shall
send a written request for arbitration to the commission's headquarters and to
the Office of the Attorney General at the address designated on the form. The
request shall be on a form prescribed by the commission and shall contain all
of the following information:
(1) The person's
name, address, telephone number, e-mail address if available.
(2) The date of the request.
(3) Type of license held and license
number.
(4) A detailed statement
showing the ground for the request.
(5) A copy of each contract over which
arbitration is sought.
(6) Whether
the services of an interpreter are required and if so, for which
language.
(7) Three dates of
availability for arbitration within the next 90 days after the date of the
request.
(8) Which of the following
geographic locations is preferred: Sacramento, Los Angeles, San Francisco or
San Diego.
(9) The requester's
signature.
The commission shall return to the requester without action any request that is incomplete because it lacks one or more of the items described above.
(b) Within five (5) working days after
receipt of a complete request for arbitration, the commission shall serve the
request and any accompanying documents on the other party to the contract and
provide that party with an opportunity to respond. If the commission does not
receive a response from the other party not later than twenty (20) calendar
days from the date of service of the request, the matter shall proceed by
default.
(c) The arbitrator shall
be the executive officer of the commission or that person's designee.
(d) Not less than ten (10) days prior to the
hearing, the parties shall exchange and also serve on the commission's
designated representative a detailed list of the evidence expected to be
presented during the hearing, which shall include a list of the names of
witnesses and a copy of every document that the party intends to
present.
(e) An arbitration
proceeding shall not exceed four (4) hours unless the arbitrator determines
that additional time is needed, based on the detailed statement required in
subsection (a)(4), in which case the arbitrator may permit the hearing to
proceed a maximum of six (6) hours total. The time shall be divided evenly
among the parties. Each party may make either an oral or a written statement of
the case. The party requesting arbitration shall proceed first. Every person
who will be testifying shall be sworn in.
(f) The party requesting arbitration bears
the burden of proving his or her case by a preponderance of the
evidence.
(g) The arbitrator shall
serve the written decision on the parties not later than forty-five (45)
calendar days after the matter has been submitted.
(h) Unless good cause is shown, a request for
arbitration shall be deemed abandoned and the request dismissed if the party
who requests arbitration fails to appear at a duly noticed hearing two
times.
Notes
Note: Authority cited: Section 18611, Business and Professions Code. Reference: Section 18640, Business and Professions Code.
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