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Office of Administrative Hearings Regulations

The Office of Administrative Hearings is a quasi-judicial tribunal that hears administrative disputes

By Chris Micheli, April 27, 2022 3:56 pm

There are 27 Titles of the California Code of Regulations, which contain the thousands of regulations in effect in the State of California. In Title 1, “General Provisions,” Division 2, there are regulations for the Office of Administrative Hearings. The following is an overview of Division 2:

Division 2 Office of Administrative Hearings

Chapter 1 General APA Hearing Procedures – 28 Sections

Chapter 2 Special Hearing Procedures

Article 1 State Agency Reports and Forms Appeal Procedure – 8 Sections

Article 2 Appeal Procedure for Child Care and Development Contract Disputes – 7 Sections

Article 3 Appeal Procedure for Direct Service Contract Disputes Between Private, Non-Profit Human Service Organizations and Health and Welfare Agency and Its Component Departments – 9 Sections

Chapter 3 Agency Alternatives to Formal Hearings – Alternative Dispute Resolution

Article 1 General Provisions – 6 Sections

Article 2 Mediation – 10 Sections

Article 3 Arbitration – 14 Sections

Article 4 Model Regulations for Declaratory Decisions – 16 Decisions

Chapter 4 Arbitration of Claims under State Contract Act Contracts

Article 1 General Provisions – 7 Sections

Article 2 Office of Administrative Hearings – 6 Sections

Article 3 Selection of Arbitrator – 5 Sections

Article 4 Authority of Arbitrator – 6 Sections

Article 5 Simplified Claims Procedure – 8 Sections

Article 6 Pleadings – 8 Sections

Article 7 Discovery and Motions – 10 Sections

Article 8 Default – 10 Sections

Article 9 Hearings – 10 Sections

Article 10 Decisions and Award – 4 Sections

Article 11 Certification of Arbitrators by the Public Works Contract Arbitration Committee – 2 Sections

Chapter 5 Procedures for Conducting Protests under the Alternative Protest Pilot Project

Article 1 General Provisions – 3 Sections

Article 2 Protest Procedure – 7 Sections

Article 3 Arbitration Procedure – 12 Sections

There are five chapters in Division 2 for OAH. Chapter 1 deals with general APA hearing procedures and contains 28 sections. Those sections deal with the following topics:

§ 1000. Purpose.

§ 1002. Definitions.

§ 1004. Construction of Regulations.

§ 1006. Format and Filing of Papers.

§ 1008. Service; Proof of Service.

§ 1012. Ex Parte Petitions and Applications for Temporary or Interim Orders.

§ 1014. Pleadings; Notice of Defense; Withdrawal of Notice of Defense.

§ 1015. Notice of Representation and Withdrawal of Counsel or Other Representative.

§ 1016. Consolidated Proceedings; Separate Hearings.

§ 1018. Agency Request for Hearing; Required Documents.

§ 1019. Request for Security.

§ 1020. Motion for Continuance of Hearing.

§ 1022. Motions.

§ 1024. Subpoenas; Motion for a Protective Order.

§ 1026. Prehearing Conferences.

§ 1027. Informal Hearings.

§ 1028. Settlement Conferences; Settlements.

§ 1030. Conduct of Hearing; Protective Orders.

§ 1032. Interpreters and Accommodation.

§ 1034. Peremptory Challenge.

§ 1036. Conduct of Proceedings; Sealing the Record.

§ 1038. Ordering the Record.

§ 1040. Monetary Sanctions.

§ 1042. Cost Recovery.

§ 1044. Request for Expenses After Default.

§ 1046. Amicus Briefs.

§ 1048. Technical and Minor Changes to Proposed and Final Decisions.

§ 1050. Remand or Reconsideration.

Chapter 2 deals with special hearing procedures and contains three Articles. These Articles contains 24 regulatory sections. Article 1 deals with state agency reports and forms appeal procedure and contains the following sections:

§ 1100. Applicability of the Administrative Procedure Act; Definitions.

§ 1102. Time and Place for Filing Appeal; Fees.

§ 1104. Contents of Appeal.

§ 1106. Response of Agency, Setting of Hearing and Notice to Parties.

§ 1108. Waiver of Hearing; Document Review.

§ 1110. Location of Hearing.

§ 1112. Recording of Hearing and Transcription.

§ 1114. Appeal Decision; Award of Costs.

Article 2 deals with appeal procedure for child care and development contract disputes and contains the following sections:

§ 1120. Time Deadlines.

§ 1121. Notice to Affected Parties.

§ 1122. Recording of Hearing and Transcription.

§ 1123. Hearing Sites.

§ 1124. Contents of Petition.

§ 1125. Notice of Representation.

§ 1126. Lack of Jurisdiction.

Article 3 deals with appeal procedure for direct service contract disputes between private, non-profit human service organizations and health and welfare agency and its component departments and contains the following sections:

§ 1140. Time Deadlines.

§ 1141. Notice to Affected Parties.

§ 1142. Recording of Hearing and Transcription.

§ 1143. Hearing Sites.

§ 1144. Contents of Petition.

§ 1145. Notice of Representation.

§ 1146. Subpoenas.

§ 1147. Hearing Procedures.

§ 1148. Powers and Responsibilities of the Office of Administrative Hearings.

Chapter 3 deals with agency alternatives to formal hearings – alternative dispute resolution and contains four Articles. These Articles contain 46 regulatory sections. Article 1 deals with general provisions and contains the following sections:

§ 1200. Scope.

§ 1202. Purpose.

§ 1204. Definitions.

§ 1206. Referral to ADR.

§ 1208. Standards of Conduct for Neutrals.

§ 1210. Resumes of Neutrals.

Article 2 deals with mediation and contains the following sections:

§ 1212. Mediation; Definition.

§ 1214. Initiation of Mediation.

§ 1216. Appointment of Mediator.

§ 1218. Cost of Mediation.

§ 1220. Date, Time and Place of Mediation.

§ 1222. Attendance at Mediation.

§ 1224. Statements Before Mediation.

§ 1226. Confidentiality.

§ 1228. Agreements.

§ 1230. Termination of Mediation.

Article 3 deals with arbitration and contains the following sections:

§ 1232. Arbitration; Definition; General Rules.

§ 1234. Agreement to Arbitrate.

§ 1236. Selection of Arbitrator.

§ 1238. Costs.

§ 1240. Timing and Scheduling the Hearing.

§ 1242. Discovery.

§ 1244. Conference Before Arbitration.

§ 1246. Statements Before Arbitration.

§ 1248. Attendance at Arbitration.

§ 1250. Authority or Arbitrators.

§ 1252. Procedures at Arbitration.

§ 1254. Defaults.

§ 1256. Decision.

§ 1258. Proceeding De Novo.

Article 4 deals with model regulations for declaratory decisions and contains the following sections:

§ 1260. Definitions.

§ 1262. Scope of Declaratory Decisions.

§ 1264. Application for a Declaratory Decision.

§ 1266. Initial Agency Review of Application.

§ 1270. Agency Notice of Application for Declaratory Decision.§ 1272. Initial Decision to Consider Application.

§ 1274. Denial of Application; Application Denied After Commencement of Declaratory Decision Proceeding.

§ 1276. Agency Notice of Declaratory Decision Proceeding.

§ 1278. Requests for Notice of Declaratory Decision Proceedings.

§ 1280. Right to Dissent or Submit Written Comments to the Agency; Availability of Comments.

§ 1282. Request to Become a Party or an Intervenor.

§ 1284. Hearings.

§ 1286. Declaratory Decision Proceeding Record.

§ 1288. Issuance and Service of a Declaratory Decision.

§ 1290. The Effect of a Declaratory Decision.

§ 1292. Judicial Review of a Declaratory Decision.

Chapter 4 deals with arbitration of claims under State Contract Act contracts and contains eleven Articles. These Articles contain 76 regulatory sections. Article 1 deals with general provisions and contains the following sections:

§ 1300. Introduction.

§ 1301. Definitions.

§ 1302. Interpretation and Application of Subchapter.

§ 1303. Communication with the Arbitrator.

§ 1304. Representation.

§ 1305. Service and Filing.

§ 1306. Waiver of Rules.

Article 2 deals with the Office of Administrative Hearings and contains the following sections:

§ 1310. Exercise of Administrative Authority.

§ 1311. Payment of Costs.

§ 1312. Docketing.

§ 1313. Bar Pending Public Agency Decision.

§ 1314. Absence of an Appointed Arbitrator.

§ 1315. Absence of an Appointed Arbitrator.

Article 3 deals with the selection of arbitrators and contains the following sections:

§ 1320. Qualifications of Arbitrator.

§ 1321. Selection of Arbitrators.

§ 1322. Disclosure and Challenge Procedure.

§ 1323. Notice to Arbitrator of Appointment.

§ 1324. Vacancy.

Article 4 deals with the authority of arbitrators and contains the following sections:

§ 1330. Jurisdiction.

§ 1331. Lack of Jurisdiction.

§ 1332. Appointment of Special Arbitrator to Determine Acceptance of the Work.

§ 1333. Expert Advisors.

§ 1334. Lack of Prosecution.

§ 1335. Lack of Prosecution.

Article 5 deals with simplified claims procedure and contains the following sections:

§ 1340. When Available.

§ 1341. Election.

§ 1342. Simplified Selection of Arbitrator.

§ 1343. Limited Discovery.

§ 1344. Initial Record.

§ 1345. Hearings and Award.

§ 1346. Other Provisions Applicable.

§ 1347. Submission on Agreed Facts or Summary Judgment.

Article 6 deals with pleadings and contains the following sections:

§ 1350. Complaint, when Due.

§ 1351. Contents of Complaint in Arbitration.

§ 1352. Joinder; Intervention.

§ 1353. Amendment of Pleadings.

§ 1354. Answer.

§ 1355. Contents of Answer to the Complaint.

§ 1356. Objection to Complaint: Grounds.

§ 1357. Cross-Complaint.

Article 7 deals with discovery and motions and contains the following sections:

§ 1360. Discovery.

§ 1361. Motions.

§ 1362. Notice of Representation.

§ 1363. Complaint, when Due.

§ 1364. Contents of Complaint in Arbitration.

§ 1365. Amendment of Pleadings.

§ 1366. Answer.

§ 1367. Contents of Answer to the Complaint.

§ 1368. Objection to Complaint: Grounds.

§ 1369. Cross-Complaint.

Article 8 deals with defaults and contains the following sections:

§ 1370. Failure to Respond to Complaint or Cross-Complaint in Arbitration.

§ 1371. Disobedience of Lawful Order.

§ 1372. Default at Time of Hearing.

§ 1373. Default Proceedings.

§ 1374. Entry of Default.

§ 1375. Effect of a Default.

§ 1376. Election.

§ 1377. Selection of Arbitrator.

§ 1378. Limited Discovery.

§ 1379. Initial Record.

Article 9 deals with hearings and contains the following sections:

§ 1380. Prehearing Conference; Preparation for Hearing.

§ 1381. Setting, Notice and Place of Hearings.

§ 1382. Arguments, Briefs and Proposed Findings.

§ 1383. Attendance at Hearings.

§ 1384. Bifurcation of Hearing.

§ 1385. Continuances; Adjournment.

§ 1386. Submission on Agreed Facts or Summary Judgment.

§ 1387. Evidence.

§ 1388. Notice of Judicially Noticeable Facts.

§ 1389. Record of the Proceedings.

Article 10 deals with decisions and award and contains the following sections:

§ 1390. Decision on the Merits.

§ 1391. Decision on Settlement.

§ 1392. Decision on Costs and Attorney’s Fees.

§ 1393. Final Award.

Article 11 deals with the certification of arbitrators by public works contract arbitration committee and contains the following sections:

§ 1395. Standards and Qualifications.

§ 1398. Recertification of Arbitrators.

Chapter 5 deals with procedures for conducting protests under the alternative protest pilot project and contains three Articles. Article 1 deals with general provisions and contains the following sections:

§ 1400. Purpose; Scope of Chapter.

§ 1402. Definitions.

§ 1404. Notice of Intent to Award Contract.

Article 2 deals with protest procedures and contains the following sections:

§ 1406. Notice of Intent to Protest; Service List.

§ 1408. Filing a Protest.

§ 1410. Grounds for Protest.

§ 1412. Detailed Written Statement of Protest.

§ 1414. Review by Coordinator.

§ 1416. Review and Response by Contracting Department and Awardee.

§ 1418. Bond Requirement.

Article 3 deals with arbitration procedures and contains the following sections:

§ 1420. Arbitration Process.

§ 1422. Selection of Arbitrator.

§ 1424. Authority of Arbitrator.

§ 1426. Decision Based in Whole or in Part on Documents Alone.

§ 1428. Prehearing Conference.

§ 1430. Scheduling the Hearing.

§ 1432. Discovery.

§ 1434. Attendance at Hearings.

§ 1436. Arbitrator’s Decision.

§ 1437. Costs.

§ 1438. Judicial Review.

§ 1440. Transcripts.

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