Cal. Code Regs. tit. 1 § 1345

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

Section 1345 - Hearings and Award

(a) No decision made by a Public Agency shall be conclusive on any issue in the Arbitration and each Party shall have the burden of proving its affirmative allegations by a preponderance of the evidence as in ordinary civil actions.

(b) Affidavits of witnesses are admissible if the witness is competent and the statements are relevant to the issues established by the Arbitrator and provided they are filed at least 15 days in advance of the hearing. If within at least 5 days in advance of the hearing a Party files a written objection to the proffered testimony, such Party shall be entitled to cross-examine any such witness. Upon failure to produce the witness for cross-examination, the affidavit shall be disregarded as evidence in the case, except to the extent it is otherwise admissible hearsay.

(c) The award shall be in writing affirming, disaffirming or modifying the written decision of the Public Agency and shall be made setting forth the reasons therefor with findings of fact and conclusions of law, unless waived by the Parties. The decision shall be in accordance with the law of this state, supported by substantial evidence.

Cal. Code Regs. Tit. 1, § 1345

1. Amendment of subsection (b) filed 4-6-84; effective thirtieth day thereafter (Register 84, No. 14)
2. Renumbering of former section 345 to new section 1345 filed 6-20-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 25).
3. Renumbering of former section 1345 to new section 1387 and renumbering and amendment of former section 1380 to new section 1345 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 10240.5 and 10240.8, Public Contract Code.