California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 33.1 - Arbitration Certification Program
Article 3 - Minimum Standards for Arbitration Programs
Section 3398.14 - Confidentiality of Records

Universal Citation: 16 CA Code of Regs 3398.14

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The statistical summaries specified in Section 3398.13(e) shall be available to any person for inspection and copying.

(b) Except as provided under subdivisions (a), (d) and (e) of this section and Sections 3398.7(a) and 3399.5, all records of the arbitration program may be kept confidential, or made available only on such terms and conditions, or in such form, as the arbitration program shall permit.

(c) The policy of the arbitration program with respect to records made available at the program's option shall be set out in the program's written operating procedures (Section 3398.3); the policy shall be applied uniformly to all requests for access to or copies of such records.

(d) Upon request, the arbitration program shall provide to either party to a dispute:

(1) Access to all records relating to the dispute.

(2) Copies of any records relating to the dispute, at reasonable cost.

(e) The arbitration program shall make available to any person, upon request, information relating to the qualifications of program staff and the qualifications and method of selection of arbitrators.

(f) Nothing in this section affects the right of any party under any applicable statute to subpoena any records relating to the dispute.

1. New section filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change without regulatory effect amending NOTE filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).

Note: Authority cited: Sections 472.1(b) and 472.4(f), Business and Professions Code. Reference: 16 CFR 703.8; and Section 1793.22(d)(1), Civil Code.

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