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 3 - Selection of Arbitrators
Section 28013 - Selection of Arbitrators

Universal Citation: 27 CA Code of Regs 28013

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

(a) The Department or Water Board, whichever is the lead agency for the site, shall select one (1) arbitrator within fifteen (15) days after notice has been sent pursuant to section 28009.

(b) The participating potentially responsible party or a majority of the participating potentially responsible parties who have submitted to arbitration by the panel shall select one (1) arbitrator within fifteen (15) days after notice has been sent pursuant to section 28009.

(c) If the parties do not comply with (a) or (b) above, the Director will select the necessary arbitrator or arbitrators at random from those who have indicated a willingness to serve in the location of the hearing.

(d) If the two (2) arbitrators selected pursuant to (a), (b) or (c) above do not agree upon a third arbitrator within fifteen (15) days after their own selection, the third arbitrator shall be selected according to the following procedure:

(1) The Director shall prepare a list of five (5) potential arbitrators selected at random from those who have indicated a willingness to serve as an arbitrator in the hearing location.

(2) Within ten (10) days from the mailing of the list, the two (2) arbitrators may each:
A. Object to not more than two (2) names by crossing such names off the list;

B. Number the remaining names in the order of preference; and,

C. Return the list to the Director with a copy to the other arbitrator.

(3) All persons named on such list shall be deemed equally acceptable if either of the two (2) arbitrators fail to:
A. Return the list within the specified time; or

B. Indicate an order of preference.

(4) The Director shall appoint the third arbitrator from the persons whose names remain on the list in accordance with the designated order of preference, if possible.

(e) The selection of arbitrators shall be based upon the statutory criteria pursuant to Health and Safety Code sections 25356.2 or 25398.10, as applicable.

(1) For arbitrators selected pursuant Health and Safety Code section 25356.2, this criteria includes, but is not limited to, that arbitrators shall have relevant arbitration experience, and arbitrators shall have expertise in engineering, expertise in the physical, biological, or health sciences, or other relevant experience and qualifications.

(2) For arbitrators selected pursuant to Health and Safety Code section 25398.10, selection criteria includes, but is not limited to, the criteria specified in section 25356.2. In addition, the arbitrators shall have the expertise and experience appropriate to understand and critically evaluate the issues to be arbitrated.

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, including new subsections (e)-(e)(2), transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3).
6. Change without regulatory effect renumbering title 22, section 15013 to title 27, section 28013, including amendment of subsections (a)-(b), 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.

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