Section 28034 - Petition to Convene the Arbitration Panel (California Code of Regulations)

§ 28034. Petition to Convene the Arbitration Panel

(a) The arbitration panel may be convened by filing with the Director a written petition of any potentially responsible party or parties with liability or aggregate liability as provided in section 25356.3 or by any responsible person, the affected community or the public pursuant to section 25398.10 of the Health and Safety Code.

(1) The petition or petitions to convene the panel shall be filed within fifteen (15) days after the issuance of a final remedial action plan pursuant to section 25356.3 or as provided in section 25398.10, subdivision (b)(1) or prior to the time that the action in dispute becomes final pursuant to section 25398.10(b)(2).

(2) The petition shall be served upon all parties and upon the Director.

(3) If one or more petitions for arbitration have been filed for a single site, the arbitration panel shall consolidate all hearings where reasonably possible.

(1. New article 7 (sections 15034-15040) and 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 A Certificate of Compliance must be transmitted to OAL by 3-9-96 or emergency language will be repealed by operation of law on the following day. 2. Editorial correction of History1 (Register 96, No. 10). 3. New article 7 (sections 15034-15040) and 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 A Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency language will be repealed by operation of law on the following day. 4. New article 7 (sections 15034-15040) and 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 A Certificate of Compliance must be transmitted to OAL by 11-5-96 or emergency language will be repealed by operation of law on the following day. 5. New article 7 (sections 15034-15040) and 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 A Certificate of Compliance must be transmitted to OAL by 2-28-97 or emergency language will be repealed by operation of law on the following day. 6. Certificate of Compliance as to 10-31-96 order, including amendment of subsection (a)(1), transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3). 7. Change without regulatory effect renumbering title 22, division 2, subdivision 1, chapter 4, article 7 (sections 15034-15040) to title 27, division 4, chapter 2, article 7 (sections 28034-28040) and renumbering title 22, section 15034 to title 27, section 28034 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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