Section 28016 - Vacancy (California Code of Regulations)

§ 28016. Vacancy

(a) If any arbitrator selected by a party dies, refuses, or is unable to perform his or her duties adequately or is disqualified or removed during the course of a proceeding, the party who selected him or her shall choose a replacement within fifteen (15) days. If a replacement has not bee chosen within the specified time, the Director will select a replacement at random from the arbitrators who have indicated a willingness to serve in the location of the hearing.

(b) If any third arbitrator dies, refuses, or is unable to perform his or her duties adequately or is disqualified or removed during the course of a proceeding, the remaining arbitrators shall select a replacement arbitrator within fifteen (15) days. If a replacement arbitrator has not been selected within the specified time, the Director will select a replacement at random from the arbitrators who have indicated a willingness to serve in the hearing location.

(c) If a vacancy as described in (a) or (b) above occurs, the merits of the matter shall be reheard unless otherwise agreed to by the parties. The time periods specified herein shall commence to run on the day the arbitrator dies, refuses, or becomes unable to perform the duties of arbitrator adequately or is disqualified or removed during the course of the proceeding.

(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 A Certificate of Compliance must be transmitted to OAL by 3-9-96 or emergency language will be repealed by operation of law on the following day. 2.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 A Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency language will be repealed by operation of law on the following day. 3.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 A Certificate of Compliance must be transmitted to OAL by 11-5-96 or emergency language will be repealed by operation of law on the following day. 4.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 A Certificate of Compliance must be transmitted to OAL by 2-28-97 or emergency language will be repealed by operation of law on the following day. 5.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 amendment of section, transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3). 6. Change without regulatory effect renumbering title 22, section 15016 to title 27, section 28016 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), TION sec 3. Reference: Sections 25356.2- 25356.10 and 25398.10- 25398.13, Health and Safety Code.

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