Section 28039 - Arbitration Decisions (California Code of Regulations)

§ 28039. Arbitration Decisions

(a) For arbitration decisions rendered pursuant to Health and Safety Code section 25356.3, the arbitration panel shall prepare a draft arbitration decision which contains a statement of reasons supporting the apportionment of liability and it shall circulate the decision for at least thirty (30) days for public comment. After review and consideration of any public comment, the arbitration panel shall issue the final arbitration decision as provided in Health and Safety Code section 25356.4(a) and pursuant to the conditions set forth in section 15008.

(b) For arbitration decisions rendered pursuant to Health and Safety Code section 25398.10, the arbitration panel shall provide notice of the arbitration decision in writing, by appropriate means, within five (5) days from the date that the arbitration panel has reached a decision, to the responsible parties, the affected community, the public and any other person or entity who participated in the arbitration proceeding and requested notice of the decision.

(c) The arbitration panel shall render its decision within a reasonable period of time, but in no event later than two (2) years after notice is mailed pursuant to Section 15009.

(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 A Certificate of Compliance must be transmitted to OAL by 3-9-96 or emergency language will be repealed by operation of law on the following day. 2.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 A Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency language will be repealed by operation of law on the following day. 3.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 A Certificate of Compliance must be transmitted to OAL by 11-5-96 or emergency language will be repealed by operation of law on the following day. 4.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 A Certificate of Compliance must be transmitted to OAL by 2-28-97 or emergency language will be repealed by operation of law on the following day. 5.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 subsection (b) and new subsection (c), transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3). 6. Change without regulatory effect renumbering title 22, section 15039 to title 27, section 28039 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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