California Code of Regulations
Title 27 - Environmental Protection
Division 4 - Office of Environmental Health Hazard Assessment
Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations
Article 1 - General Provisions
Section 28003 - Ex Parte Communication
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) No interested person shall make or knowingly cause to be made to the arbitration panel an ex parte communication.
(b) The arbitration panel shall not make or knowingly cause to be made to any interested person an ex parte communication.
(c) The Director may remove an arbitrator in any proceeding in which it is demonstrated to the Director's satisfaction that an arbitrator has engaged in prohibited ex parte communication to the prejudice of any party. If the arbitrator is removed, the procedures in section 28016 shall apply.
(d) Whenever an ex parte communication in violation of this section is received by or made known to the arbitration panel or the Director, the arbitration panel or Director shall place on the record of the pending matter all written communications received, all written responses to the communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom the arbitration panel or Director received an ex parte communication, and shall advise all parties that these matters have been placed on the record. Any person desiring to rebut the ex parte communication shall be allowed to do so, upon requesting the opportunity for rebuttal within ten (10) days after notice of the communication.
(e) The prohibitions of this section apply upon appointment of the arbitrator and terminate on the date of the final decision.
1. New section filed 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 3-9-96 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-5-96 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 10-31-96 as an emergency; operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-31-96 order transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3).
6. Change without regulatory effect renumbering title 22, section 15003 to title 27, section 28003, including amendment of subsection (c), filed 6-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 25).
Note: Authority cited: Sections 59012, 25356.10, Health and Safety Code. Stats. 1994, ch. 435 (SB 923) Section 3. Reference: Sections 25356.2- 25356.10 and 25398.10- 25398.13, Health and Safety Code.
