California Code of Regulations
Title 1 - General Provisions
Division 2 - Office of Administrative Hearings
Chapter 5 - Procedures for Conducting Protests Under the Alternative Protest Pilot Project
Article 3 - Arbitration Procedure
Section 1424 - Authority of Arbitrator

Universal Citation: 1 CA Code of Regs 1424

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

(a) Arbitrators are authorized to

(1) Administer oaths and affirmations;

(2) Make rulings and orders as are necessary to the fair, impartial, and efficient conduct of the hearing; and

(3) Order additional deposits from Protestant(s) to cover additional estimated costs. If OAH does not receive the required deposit(s) in the time specified, the right to protest will be deemed waived.

(b) The arbitrator shall have exclusive discretion to determine whether oral testimony will be permitted, the number of witnesses, if any, and the amount of time allocated to witnesses.

(c) It shall be in the arbitrator's exclusive discretion to determine whether to

(1) Conduct a prehearing conference; and/or

(2) Permit cross-examination and, if so, to what extent; and/or

(3) Review documents alone for all or part of the protest.

(d) It shall be in the arbitrator's exclusive discretion to determine whether additional responses and rebuttals are to be submitted, and the timelines and page limits to be applied.

1. New section filed 8-18-98; operative 8-18-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 34).

Note: Authority cited: Section 12126, Public Contract Code. Reference: Sections 12125- 12130, Public Contract Code.

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