Section 3399.5 - Review of Program Operations by the Arbitration Certification Program(a) The Arbitration Certification Program will conduct a review of the operation and performance of each certified program at least once annually. The review may consist of: (1) An examination of updates of all information and materials required in the application and periodic reports.(2) One or more on-site inspections of the program's facilities, records and operations, including the records of individual disputes, interviews of the program's staff and arbitrators, and attendance at meetings held to decide disputes.(3) Evaluation of the qualifications, training, and performance of arbitrators.(4) Investigation and analysis of complaints from any source regarding the operation of the program.(5) An evaluation of consumer satisfaction based on the results of an annual random mail or telephone survey by the Arbitration Certification Program.(6) An evaluation of other information obtained through the Arbitration Certification Program's monitoring and inspection or which is relevant to continuing certification.(b) All of the statistical summaries and other records of the arbitration program shall be available for inspection and copying by the Arbitration Certification Program.(c) The arbitration program, on request by the Arbitration Certification Program, shall forward to the Arbitration Certification Program, without charge, a copy of all or any portion of the records of any individual dispute or disputes.(d) The Arbitration Certification Program may, in its discretion, schedule an informal conference with an arbitration program to discuss an apparent lack of compliance with Civil Code Section 1793.22(d), Chapter 9 of Division 1 of the Business and Professions Code, or this subchapter, and any modifications in the operation of the program that the Arbitration Certification Program believes may be required in order for the program to be in substantial compliance. The informal conference is not an evidentiary hearing or a forum for the determination whether certification or decertification is appropriate.Cal. Code Regs. Tit. 16, § 3399.5
1. New section filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change without regulatory effect amending subsection (d) and NOTE filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).
3. Change without regulatory effect amending section heading and section filed 1-25-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 5). Note: Authority cited: Sections 472.1(b), 472.3(a) and 472.4(f), Business and Professions Code. Reference: Sections 472.3(a) and 472.4(a), Business and Professions Code; Section 363, Financial Code.
1. New section filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change without regulatory effect amending subsection (d) and Note filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).
3. Change without regulatory effect amending section heading and section filed 1-25-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 5).