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 1437 - Costs
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) For protests not determined Frivolous by Procurement:
(b) If Procurement determined that the protest was Frivolous and the arbitrator affirms that the protest is Frivolous, the bond shall be forfeited to Procurement, the protest will be denied, and Protestant(s) will be liable for all costs of the arbitration.
(c) If Procurement determined that the protest was Frivolous and the arbitrator determines that the protest is not Frivolous, any bond(s) posted by Protestant(s) shall be returned.
(d) A Protestant who withdraws his or her protest before the arbitrator's decision has been issued will remain liable for all arbitration costs up to the time of withdrawal. These costs include, but are not limited to, the arbitrator's time in preparation, prehearing conferences, and hearing the protest. If Procurement deemed the protest Frivolous, any bond posted shall be forfeited to Procurement.
(e) Except as provided in (f), if any costs are determined to be payable by Protestant(s), that amount shall be subtracted from deposit(s) of Protestant(s) as ordered by the arbitrator. Any additional costs shall be billed to Protestant(s) and any refunds shall be sent to Protestant(s) by OAH.
(f) If a Protestant is a Small Business, then the Contracting Department shall pay OAH all arbitration costs and collect the amount due from Protestant.
1. New
section filed 8-18-98; operative 8-18-98 pursuant to Government Code section
11343.4(d)
(Register 98, No. 34).
2. Change without regulatory effect amending
section heading and subsections (a)(1), (b), (c)(1) and (d) filed 1-8-2002
pursuant to section
100, title 1, California Code of
Regulations (Register 2002, No. 2).
Note: Authority cited: Section 12126, Public Contract Code. Reference: Sections 12125- 12130, Public Contract Code.