Cal. Code Regs. tit. 1 § 1301

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 1301 - Definitions

The following definitions apply in this subchapter:

(a) "Arbitration" means the proceeding for resolving claims pursuant to Sections 10240 through 10245.4 of the Public Contract Code.

(b) "Arbitrator" means the person or persons selected pursuant to Section 10240.3 of the Public Contract Code.

(c) "Contract" means an agreement entered into pursuant to the State Contract Act.

(d) "Contractor" means the prime contractor who entered into the contract with the Public Agency.

(e) "Decision on Costs" means a decision, in accordance with these rules, the Contract and Section 10240.13 of the Public Contract Code, which results from a separate supplementary Arbitration proceeding after determining the merits of a matter in Arbitration, and which considers assessing costs, interest and fees against a Party or Parties.

(f) "Decision on the Merits" means the decision, other than a Decision on Costs, resolving the matter which is the subject of an Arbitration proceeding pursuant to these rules, the Contract and Public Contract Code Section 10100 et seq.

(g) "Interested Party" means a Party other than the Contractor and the Public Agency who may be joined in the Arbitration as a Party under the provisions of Section 10240.9 of the Public Contract Code.

(h) "Party" means any person so named in the Arbitration pleadings.

(i) "Petitioner" means the Contractor or Public Agency who files a complaint in Arbitration of a claim under the provisions of the Public Contract Code.

(j) "Public Agency" means any Department of the State of California which entered into the Contract. A Public Agency also means a political subdivision or public agency pursuant to Public Contract Code Section 22200.

(k) "Respondent" means the Contractor or Public Agency against whom a complaint in Arbitration is filed.

Cal. Code Regs. Tit. 1, § 1301

1. Amendment filed 4-6-84; effective thirtieth day thereafter (Register 84, No. 14).
2. Renumbering of former section 301 to new section 1301 filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25).
3. Amendment of section and NOTE filed 8-15-97; operative 8-15-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 33).

Note: Authority cited: Sections 10240.5 and 10245.2, Public Contract Code. Reference: Sections 10240- 10245.4 and 22200, Public Contract Code.

1. Amendment filed 4-6-84; effective thirtieth day thereafter (Register 84, No. 14).
2. Renumbering of former section 301 to new section 1301 filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25).
3. Amendment of section and Note filed 8-15-97; operative 8-15-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 33).