California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 33.1 - Arbitration Certification Program
Article 3 - Minimum Standards for Arbitration Programs
Section 3398.6 - Resolution of Contradictory Information
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) When information which will or may be used in the decision, submitted by one party or by a consultant, independent automobile expert or any other source, tends to contradict facts submitted by the other party, the arbitration program shall clearly, accurately, and completely disclose to both parties the contradictory information (and its source), and shall provide to both parties an opportunity to explain or rebut the information and to submit additional information or materials.
(b) If it appears to the arbitrator at a meeting held to decide a dispute that one party to the dispute or a consultant, independent automobile expert or any other person has submitted information that contradicts facts submitted by the other party (whether submitted prior to the meeting or at the meeting), and that this fact has not been disclosed to that other party, the arbitrator may (and at the request of the other party shall) defer any decision until the arbitration program has complied with subdivision (a) of this section and both parties have had a reasonable opportunity to explain or rebut the information and to submit additional information or materials.
(c) The arbitration program shall develop and implement fair procedures by which any party may correct an error in the proceeding, provided that the other party has a reasonable opportunity to comment on the correction.
(d) The time limit for deciding disputes (Section 3398.9(a)) shall not be extended during any exchange, rebuttal or explanation of contradictory information under subdivision (a) of this section, but the Arbitration Certification Program may take into account circumstances leading to reasonable delays.
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).
3. Change without regulatory
effect amending subsection (d) filed 1-25-99 pursuant to section
100, title 1, California Code of
Regulations (Register 99, No. 5).
Note: Authority cited: Sections 472.1(b) and 472.4(f), Business and Professions Code. Reference: 16 CFR Sections 703.3(b), 703.5(c); and Section 1793.22(d)(1) and (8), Civil Code.
