Section 28022 - Prehearing Conference: Setting Hearing Date (California Code of Regulations)

§ 28022. Prehearing Conference: Setting Hearing Date

(a) Within thirty (30) days after the selection of the third arbitrator, the arbitrators shall hold a prehearing conference. The arbitrators shall mail to each party notice of the prehearing conference no later than twenty (20) days in advance of such conference, unless the parties by mutual agreement waive such notice. The prehearing conference may proceed in the absence of any party who, after due notice, fails to appear.

(b) At the prehearing conference the arbitration panel shall consider:

(1) The possibility of agreement disposing of all or any of the issues in dispute;

(2) The simplification or clarification of the issues;

(3) The possibility of obtaining stipulations, admissions, agreements on documents, understanding of matters already on record, use of affidavits and means of avoiding unnecessary proof;

(4) The identity and limitation of the number of witnesses, including expert witnesses, and avoidance of cumulative evidence;

(5) A timetable for completion of discovery, if any, and schedules for submission of written briefs;

(6) A date for commencement of the arbitration hearing and an estimate of time for the hearing;

(7) Such other matters that may aid in the disposition of the arbitration.

(c) The parties shall file and serve prehearing statements addressing the matters delineated in (b) at least five (5) days before the prehearing conference.

(d) The arbitration hearing shall commence within ninety (90) days after the prehearing conference on a date chosen at that conference.

(e) The arbitrators shall issue a prehearing conference order stating, but not limited to, the location and the date for the commencement of the arbitration hearing.

(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 A Certificate of Compliance must be transmitted to OAL by 3-9-96 or emergency language will be repealed by operation of law on the following day. 2.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 A Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency language will be repealed by operation of law on the following day. 3.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 A Certificate of Compliance must be transmitted to OAL by 11-5-96 or emergency language will be repealed by operation of law on the following day. 4.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 subsections (b)(6), (d) and (e), transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3). 6. Change without regulatory effect renumbering title 22, section 15022 to title 27, section 28022 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.

Disclaimer: Although Lawrina works hard to ensure the information on this page is accurate and timely, we take no responsibility for deviations from the official text. Section 28022 Prehearing Conference: Setting Hearing Date may have been updated since our last review. Please refer to official resources for the most accurate information.

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