Cal. Code Regs. tit. 1 § 1333

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

Section 1333 - Expert Advisors

(a) With consent of the Parties the Arbitrator may select expert or technical advisors. Such services shall be provided by a contract between the Office of Administrative Hearings and the advisor. Such contract shall be on terms and conditions which are consistent with the State's laws, policies, and procedures.

(b) Petitioner or Respondent may object for cause to the use of a particular individual as an advisor. If such objection is not timely made, it shall be deemed waived.

(c) An expert technical advisor, except with the written consent of Petitioner and Respondent which shall be filed in the record, shall not be in communication with the Arbitrator on the merits of a contested matter except:

(1) in writing, with copies served on all Parties, or

(2) orally on the record in the presence of or after due notice to all Parties, and all evidence, opinions or other information which the expert testifies to or furnishes is subject to cross-examination and pertinent objections.

(d) A non-attorney Arbitrator may secure an attorney advisor by contract arranged through the Office of Administrative Hearings as provided in subsection (a) above to assist in the preparation of the Arbitration award. The attorney advisor may not participate in the Arbitration proceeding in any other way providing, however, that if necessary to the orderly prosecution of the Arbitration hearing, the Arbitrator may submit to the attorney advisor written questions of law. Any advice in response to those questions shall be in writing and incorporated in the record of the proceeding.

Cal. Code Regs. Tit. 1, § 1333

1. Amendment filed 4-6-84; effective thirtieth day thereafter (Register 84, No. 14).
2. Renumbering of former section 333 to new section 1333 filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25).
3. Editorial correction of subsection (d) (Register 97, No. 25).
4. Amendment of subsections (a)-(c)(2) filed 8-15-97; operative 8-15-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 33).
5. Editorial correction of HISTORY 4 (Register 2004, No. 43).

Note: Authority cited: Sections 10240.5 and 10245.2, Public Contract Code. Reference: Section 10240.5, Public Contract Code.