Section 1258 - Proceeding De Novo(a) Demand. Any party to a non-binding arbitration may reject the decision and request a proceeding de novo by filing with the OAH and serving on all parties by regular mail, or personal delivery, with proof of service, a demand for proceeding de novo within 30 calendar days after service of the decision.(b) Time for Demand. If any party files with the OAH and serves the other party/parties a demand for proceeding de novo within 30 days after service of the arbitrator(s) decision, the action will proceed in the normal course of the administrative proceedings before the respective board/Agency. Failure to file and serve a demand for proceeding de novo within this 30 day period waives the right to proceeding de novo.(c) Disclosure. The contents of a decision issued after non-binding arbitration shall not be disclosed to any judge who might be assigned the case until the action is final or has otherwise been terminated.(d) Evidence. At the administrative hearing's proceeding de novo, no evidence shall be admitted concerning the conduct of the arbitration proceeding, including, but not limited to, the nature of or rulings upon any motions brought during the arbitration process, or the arbitration decision itself, unless: (1) The evidence would otherwise be admissible in the hearing under the California Evidence Code; or,(2) The parties stipulate otherwise.Cal. Code Regs. Tit. 1, § 1258
1. New section filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25). Note: Authority cited: Section 11420.20, Government Code. Reference: Sections 11420.10, 11420.20 and 11420.30, Government Code.
1. New section filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25).