1. (a) Arbitration under these regulations is an adjudicative process in which an arbitrator or panel of arbitrators issues a decision on the merits after a hearing. Except as set forth herein, arbitrations are governed by the Administrative Procedure Act (commencing with Government Code Section 11370), Part I, Division 3, Title 2 of the Government Code.
2. (b) Before the arbitration the parties shall agree that the decision by the arbitrator(s) is binding or non-binding upon the parties. If the parties select non-binding arbitration, any party may reject the non-binding decision. If a party rejects the non-binding decision, the parties shall resume the same status as before arbitration and shall proceed as if arbitration had not taken place.
3. (c) All determinations of time under these regulations are governed by the provisions of Code of Civil Procedures §§ 12a, 12b, 13, 13a, 13b, 1013, 1013a.
4. (d) The arbitrator shall not engage in private communication with any party upon the merits or substance of the dispute at any time prior to the issuance of the decision.

Note: Authority cited: Section 11420.20, Government Code. Reference: Sections 12a, 12b, 13, 13a, 13b, 1013 and 1013a, Code of Civil Procedure; and Section 11420.10, Government Code.

History

1. New article 3 (sections 1232-1258) and section filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25).