TABLE OF CONTENTS
Section 1. Definitions
Section 2. Duty to Arbitrate Before C.A.R.
Section 3. C.A.R.'s Right to Decline Arbitration
Section 4. Hearing Regions
Section 5. Interpretation of Bylaws
Section 6. Notices
Section 7. Waiver
Section 8. Communication and Clerical
Section 9. Attempts to Influence Tribunal
Section 10. Confidentiality of Proceedings
Section 11. Right to Legal Counsel
Section 12. Appointment of Tribunal Members
Section 13. Tribunal Member Compensation
Section 14. Qualification for Tribunal
Section 15. Manner of Invoking Arbitration and Submission
Section 16. Responsible Broker as Complainant
Section 17. Joinder of Multiple Parties or Complaints
Section 18. Duty to Give Evidence
Section 19. Subpoenas
Section 20. Witnesses
Section 21. Right to Demand Witness Lists
Section 22. Continuances
Section 23. Continuance Fees
Section 24. Refund Policy
Section 25. Determination Without Hearing
Section 26. Transcript/Right to Record
Section 27. Arbitration Hearing
Section 28. Presentation of Evidence at the Hearing
Section 29. Costs of Arbitration
Section 30. Settlement
Section 31. The Award
Section 32. Review of Arbitration by the Directors
Section 33. Enforcement
Section 1. Definitions
As used herein,
(a) "Dispute" means a controversy arising out of the real estate
business.
(b) "C.A.R." means the CALIFORNIA ASSOCIATION OF REALTORS®.
(c) "Members" means the REALTOR® or REALTOR-ASSOCIATE® members of any
California Board affiliated with C.A.R., or any individual REALTOR® member
of C.A.R.
(d) "Board" means local Boards or Associations affiliated with C.A.R. and
N.A.R.
(e) "Directors" means the appropriate body appointed from the C.A.R.
directors to review arbitration awards.
(f) "Hearing" refers to an arbitration hearing involving a controversy
arising out of the real estate business or a Directors' review hearing of
an arbitration award.
(g) "Party" means the complainant or respondent in an arbitration.
(h) "Tribunal" means an arbitration hearing tribunal or the Directors when
hearing a review of an arbitration award.
(i) "C.A.R. Executive Vice President" means the C.A.R. Executive Vice
President or his or her authorized assistants.
(j) "Responsible Broker" means the broker designated in the records of the
Department of Real Estate to be responsible for the conduct of individuals
affiliated with his or her office(s).
Section 2. Duty to Arbitrate Before C.A.R.
For purposes of the applicability of this Section, membership shall be determined at the time the facts giving rise to the dispute occur. Termination of membership from a Board of REALTORS® and C.A.R. shall not relieve the arbitration duty under this Section for disputes that arose when the person was a member of any Board and C.A.R.
By becoming or remaining a member, every member binds himself or herself, and the firm for which he or she acts, and agrees to submit to the interboard arbitration facilities of C.A.R., a dispute with a member of any other local Board affiliated with C.A.R., provided 1) Bylaws of the local Board incorporate the California Code of Ethics and Arbitration Manual or contain a provision similar to Section 44 of Part Two of that Manual, and 2) C.A.R. maintains arbitration facilities capable of handling the dispute.
If a member files for arbitration of a dispute involving his or her responsible broker (but not between the member and the responsible broker), the responsible broker with whom the applicant member was associated at the time the dispute arose must join in the complaint.
Notwithstanding any other provision of these rules, if any member enters into an agreement (either before or after the dispute arises) with other members to arbitrate a dispute utilizing a non-C.A.R. facility, such member is not bound to arbitrate the dispute covered by such agreement utilizing C.A.R. facilities nor shall C.A.R.'s facilities be available for such arbitrations.
Section 3. C.A.R.'s Right to Decline Arbitration
If the hearing tribunal selected in the manner hereinafter provided determines that because of the magnitude of the amount involved or the legal complexity of the controversy the dispute should not be arbitrated, it shall so report (Form IBA-20) to the C.A.R. Executive Vice President. If a hearing tribunal has not been convened, C.A.R. legal counsel, after reviewing the complaint and response, may recommend to the C.A.R. Executive Vice President that the dispute not be arbitrated because of the magnitude of the amount involved or the legal complexity of the controversy. If the C.A.R. Executive Vice President concurs, the arbitration shall terminate and the parties shall be relieved of their arbitration agreement. In this event, any filing fees paid by parties shall be returned to the parties. If the C.A.R. Executive Vice President does not concur, the matter shall be referred back for hearing before a new tribunal.
If an otherwise arbitrable matter is the subject of civil litigation pending at the time the complaint is filed, arbitration shall not take place unless the litigation is withdrawn or referred to C.A.R. by the court for arbitration in accordance with these procedures.
Section 4. Hearing Regions
The regions provided for in the C.A.R. bylaws shall be the hearing regions for purposes of administering interboard arbitration.
Section 5. Interpretation of Bylaws
If any provision of this manual, the bylaws or rule or regulation relative to the procedure of a tribunal's handling of a matter is involved, the interpretation by that tribunal of the manual, bylaw or rule or regulation shall be part of the award and as such shall be set forth as a separate finding and shall be conclusive and final, except as provided in Sections 30 and 31.
Section 6. Notices
(a) Any notice required to be given or paper required to be served, may be given or served by personally handing it to the party to be notified, by first class or certified mail addressed to the mailing address on the records of C.A.R. or by delivery to the mailing address on the records of C.A.R. by a messenger service. If mailed or delivered, notice shall be deemed given when placed in the mail or when given to the messenger service and deemed received within five (5) days of such mailing or delivery, regardless if actually received or not.
(b) Notice of any hearing shall include the names of the members of the tribunal at the time said notice is given. Notice of any hearing except for an adjourned or continued hearing, shall be given not less than twenty-one (21) calendar days beforehand unless otherwise agreed upon by all parties.
Section 7. Waiver
Each member, by virtue of and in consideration of membership, waives any right of personal redress against C.A.R., C.A.R. employees, any member, including but not limited to, members of a tribunal or witnesses for anything done under these procedures.
Section 8. Communication and Clerical
Communications shall be directed to the C.A.R. Executive Vice President. The Executive Vice President shall render all necessary assistance to the parties, shall on application furnish required forms, shall receive and file all documents or other papers, and shall receive all fees and disburse all moneys payable to C.A.R. In no event, however, shall the Executive Vice President provide substantive advice or interpretation of these rules or other governing documents.
Section 9. Attempts to Influence Tribunal
Any attempt, directly or indirectly, to influence a member of a tribunal in any matter before it, other than by giving evidence and argument in an open hearing or by writing submitted to the entire tribunal, is a breach of a duty of membership.
Section 10. Confidentiality of Proceedings
The allegations and decisions in arbitration proceedings are confidential and should not be reported or published by C.A.R., any member of a tribunal or any party under any circumstances except as authorized below.
All parties to an arbitration proceeding and any member of a tribunal shall have an obligation to maintain and protect the confidentiality of the proceedings. The members of the tribunal shall not discuss the proceedings and deliberations with any person(s) other than the other members of the tribunal, or C.A.R. legal counsel except as required by the board of directors, the C.A.R. bylaws, or as may be required by law.
The parties shall not report or publish the allegations or decisions of an arbitration proceeding to anyone except as may be required by law. Any party to an arbitration proceeding is authorized to disclose the decision where there is a civil proceeding involving the same facts and circumstances which gave rise to the proceeding before C.A.R.
Actions inconsistent with this Section shall be a violation of a membership duty. However, failure of secrecy shall not invalidate any decision made by a hearing tribunal.
Section 11. Right to Legal Counsel
Every party may be represented by legal counsel at any hearing. Notice must be given to the C.A.R. Executive Vice President, all parties and the tribunal at least ten (10) calendar days before the hearing of intention to have legal counsel. In the event of failure to comply with this notice requirement, any party may request a continuance and the tribunal may, at its discretion, take all necessary steps, including continuance of the matter on its own motion, to guarantee the rights of all parties to representation by legal counsel. The tribunal may have legal counsel present to advise it on issues of procedural law.
Section 12. Appointment of Tribunal Members
As often as requested by the C.A.R. Executive Vice President, the presidents of local Boards shall recommend members of their Board who are qualified to serve as tribunal members and who are willing to serve a term of three years. From those recommended, the C.A.R. Executive Vice President shall appoint a pool of potential hearing tribunal members to hear interboard arbitration cases.
Section 13. Tribunal Member Compensation
A tribunal member shall serve without compensation but may receive travel expenses for meals and lodging incurred while engaged in the arbitration for each day of hearing or part thereof.
Section 14. Qualification for Tribunal
(a) Only one person connected with any firm, business, partnership or corporation may serve on the same tribunal.
(b) A person shall automatically be disqualified to be a member of a tribunal in any case in which he or she is 1) a party; 2) related by blood or marriage (to the fourth degree) to a party; or 3) an employer, employee, partner or other business associate of a party.
(c) Before sitting on any case, each member of a tribunal shall sign a statement (Form IBA-6) that he or she is not disqualified for any of the foregoing reasons and that he or she knows of no other reason that might prevent him from rendering an impartial decision.
(d) Every member of a tribunal shall avoid, so far as possible, discussing the case with any person prior to the hearing. If he or she does engage in any such discussion prior to the hearing, he or she must disclose the fact to the parties and to the other members of a tribunal as soon as practicable but no later than at the beginning of the hearing. Upon such disclosure, any party may challenge a member of a tribunal and, if the tribunal agrees, at the option of the tribunal, that member of the tribunal shall be dismissed, and a new tribunal member shall be selected. A party waives any objection under this Section by failure to object prior to the commencement of the hearing.
(e) Any party may file with the C.A.R. Executive Vice President a written request for disqualification of a member of a tribunal, stating the grounds assigned for disqualification (Form IBA-5). A party shall be deemed to have waived any ground of disqualification of which he or she then has knowledge unless he or she files the request within fifteen (15) calendar days after the prospective names are mailed to the parties. However, in addition to the disqualification procedure set forth in Section 15(g), any member of a tribunal may be disqualified at any time if a majority of the members of the tribunal find any automatic ground of disqualification to be present under this Section, or find any other facts which, in their judgment, may prevent the member from rendering an impartial decision or appear to do so.
(f) If a hearing tribunal member fails or is unable to participate in a hearing, the remaining hearing tribunal members may, at their option, but only with the express consent of the parties, proceed with the hearing. Only the remaining hearing tribunal member may participate in the hearing and the determination thereof. Should any hearing tribunal member absent himself or herself during the progress of the actual hearing, that individual shall likewise not participate in the deliberations or determinations thereof. If all the parties do not agree to proceeding without the full number of the hearing tribunal originally designated, the presiding officer will recess the hearing to a date on which all hearing tribunal members can be present. If the chairman cannot at that time designate a new date, notice of a subsequent date shall be served on all parties as herein provided.
Section 15. Manner of Invoking Arbitration and Submission
(a) Submission of a dispute to interboard arbitration by C.A.R. shall consist of signing and delivering to the C.A.R. Executive Vice President either a complaint (Form IBA-1) or response form (Form IBA-2) provided by C.A.R. or any other similar writing permitted by law.
(b) A complaint must be filed within one hundred and eighty (180) calendar days after the closing of the transaction, if any, or after the facts constituting the arbitrable matter could have been known in the exercise of reasonable diligence, whichever is later.
(c) Any member desiring and entitled to interboard arbitration shall submit a completed and signed complaint with appropriate filing fees as established by C.A.R. In order for a complaint to be considered filed with C.A.R., the complaint must be complete, signed by all complainants, include the appropriate filing fee and include a statement describing the controversy and the amount in dispute. The C.A.R. Executive Vice President may require the complainant to supply the necessary number of copies of the complaint. The C.A.R. Executive Vice President shall determine preliminarily whether the dispute is properly subject to interboard arbitration. Once determined, the C.A.R. Executive Vice President shall pre-screen the pool of potential hearing tribunal members to identify those least likely to be disqualified, and from those not eliminated, choose a sufficient number to designate as proposed neutral arbitrators within the meaning of Part 3, Title 9, of the California Code of Civil Procedure, as provided in Section 14 of these Rules. Within 10 calendar days of notification to the proposed neutral arbitrators, each shall deliver to C.A.R. a signed disclosure statement (Form IBA-21). A proposed neutral arbitrator is automatically disqualified if he or she fails to return the disclosure statement.
(d) Upon expiration of the time limit for return of the disclosure statements, the C.A.R. Executive Vice President shall notify the other party to the dispute by mailing copies of the complaint, and a response form for each respondent (Form IBA-3) to the respondent with directions to return the written response within fifteen (15) calendar days from the date of mailing. The C.A.R. Executive Vice President may require the respondent to supply the necessary number of copies of the response. The C.A.R. Executive Vice President shall, at the same time, mail a list of proposed neutral arbitrators from the appropriate geographic regions, along with their completed disclosure statements (Form IBA-21), to both parties.
(e) The respondent may submit a response but, regardless of whether he or she does so or not, he or she is bound to arbitrate according to the interboard arbitration rules. The arbitration hearing may be scheduled and conducted in the absence of the respondent.
(f) Not later than twenty-one (21) calendar days after mailing notice to respondent of complainant's request for arbitration, the C.A.R. Executive Vice President shall mail to the complainant a copy of the response and respondent's affirmative claim, if any.
(g) From the names not disqualified by either party within fifteen (15) calendar days from the date the names of the proposed neutral arbitrators and their disclosure statements are mailed to the parties, under (d) of this Section, the C.A.R. Executive Vice President shall appoint three (3) members to serve as a hearing tribunal of neutral arbitrators within the meaning of Part 3, Title 9, of the California Code of Civil Procedure, as provided in Section 14 of these Rules, to hear the dispute. A party’s right to disqualify a proposed neutral arbitrator under this sub-section is waived if the party fails to deliver the notice of disqualification within the time limit specified.
A hearing tribunal shall have an odd number of members (not less than three (3) except as provided in Section 14(f) of these rules. It shall be a local Board membership duty of anyone appointed in accordance with these Rules to serve as a hearing tribunal member unless disqualified.
The C.A.R. Executive Vice President may also appoint an alternate from the list of tribunal members not disqualified to attend the hearing. Such alternate shall not participate in the hearing or deliberations but will be allowed to observe both phases of the process. However, should one of the tribunal members be unable to serve on the tribunal, the alternate may act in that tribunal member's place and would participate fully as a member of the tribunal. The alternate will have the same duties of confidentiality as the hearing tribunal members.
The C.A.R. Executive Vice President shall select one (1) of the tribunal members to be the presiding officer. A party will be deemed to have waived all objection to any person whose name he or she does not challenge or disqualify, as provided in Sections 14 and 15. If a disqualification of proposed neutral arbitrators results in an insufficient number to constitute a tribunal, the C.A.R. Executive Vice President may appoint other qualified C.A.R. members as proposed neutral arbitrators, who shall comply with the disclosure provisions set forth in Section 15(c).
(h) The C.A.R. Executive Vice President shall inform the parties of the date, time, and place of the hearing established by the hearing tribunal (Form IBA-7). Each party shall be given at least twenty-one (21) calendar days prior notice of the hearing, except for an adjourned or continued hearing, but appearance at the hearing waives the right to such notice. The hearing tribunal may recess the hearing from time to time as necessary and, on request of a party or upon the tribunal's own motion, may postpone the hearing for not less than fifteen (15) calendar days nor more than thirty (30) calendar days, unless otherwise agreed to by the parties.
(i) The C.A.R. Executive Vice President shall mail to each party the proposed rules of procedure prior to the hearing (Form IBA-8).
Section 16. Responsible Broker as Complainant
If anyone other than a responsible broker files an arbitration complaint in a dispute involving that person's responsible broker, the responsible broker for that individual at the time of the dispute must also join as a complainant.
Section 17. Joinder of Multiple Parties or Complaints
Upon request of a party or on its own motion, the C.A.R. Executive Vice President or the hearing tribunal may join together multiple complaints arising out of the same set of facts and circumstances or multiple parties involved in the same transaction to be heard at the same time.
Section 18. Duty to Give Evidence
When requested by subpoena in an arbitration hearing, or when summoned by the hearing tribunal to do so, it shall be a local Board membership duty of every member to appear at the hearing, produce any records or data pertinent to the case and designated by the hearing tribunal, and to testify truthfully. Refusal of a party to appear at an arbitration hearing to submit himself or herself or his or her records to examination or to comply with a request of the hearing tribunal for relevant information may be deemed an admission of the truth of the claim against him.
Section 19. Subpoenas
A subpoena requires the attendance of witnesses or the production of books, records, documents and other evidence at an arbitration hearing only and not for prehearing discovery.
Subpoenas shall be signed by the C.A.R. Executive Vice President but otherwise issued in blank to the party requesting them. The party serving the subpoena shall complete the subpoena before service and is responsible for proper service of the subpoenas.
Parties being served subpoenas by personal service must be given fifteen (15) calendar days notice for appearance at a hearing. If service is by mail, five (5) calendar days must be added. Subpoenas shall be enforced pursuant to California Code of Civil Procedure Section 1285 et. seq.
Section 20. Witnesses
Every party must have his or her own witnesses present at the hearing, and the tribunal may summon its own witnesses. All witnesses, except the parties to the hearing, will be excused from the hearing room except while testifying.
Section 21. Right to Demand Witness Lists
If the amount in controversy exceeds $50,000, California Code of Civil Procedure, Section 1282.2, provides that a party has the right to demand that the other party provide a list of witnesses it intends to call and documents it intends to produce at the hearing. This demand must be made within fifteen (15) calendar days of receipt of notice of hearing and must be in writing, served personally or by registered or certified mail. The demanding party must provide its own list at the time of the demand and must give a copy of its list to the hearing tribunal.
Section 22. Continuances
(a) Any party may request a continuance prior to or during a hearing.
(b) Continuance requests prior to a hearing must be in writing, for cause and include the appropriate continunace fee. Continuance requests received more than five (5) business days prior to a hearing will be considered by the C.A.R. Executive Vice President. Otherwise, all continuance requests will be considered by the hearing tribunal.
Section 23. Continuance Fees
Each party shall be entitled to one continuance of a hearing without assessment of a continuance fee. However, if a continuance is requested because of failure to adequately notify C.A.R. and opposing party of representation by counsel, the party giving the inadequate notice may be assessed the continuance fee, not the party requesting the continuance.
If any party requests a second continuance or a continuance because of
failure to adequately notify C.A.R. and opposing party of representation by
counsel, it shall be in writing and accompanied by the fee. The C.A.R.
Executive Vice President shall establish a schedule of continuance fees. If
the continuance is not granted, the fee will be returned to the party
requesting the continuance.
Section 24. Refund Policy
There is a non-refundable $250 fee. After the
Arbitration Complaint has been approved and the Complainant wants to
withdraw the Complaint for any reason, they will be refunded $250.00.
Section 25. Determination Without Hearing
Upon written request by both parties, the arbitration award may be rendered solely upon the written complaint and response unless a hearing is scheduled. The hearing tribunal members may require that statements, or the accuracy or authenticity of any documents or other papers submitted, be verified by affidavit or declaration. A hearing will be scheduled if requested by any party.
Section 26. Transcript/Right to Record
C.A.R. shall either have a court reporter present at the hearing or tape record the proceedings. C.A.R.'s tape recording or transcription shall be considered the official record of the proceeding. A party may, at their own expense have a court reporter present. A party may not tape record the proceedings unless C.A.R. chooses to only have a court reporter, in which case the party may tape record the proceedings. If a party has any transcript prepared, the party shall provide and pay for a copy for C.A.R.
Any party to a hearing has the right to obtain a copy of C.A.R.'s official tape recording upon payment of C.A.R.'s fees for duplication. Any duplication will be conducted under supervision of C.A.R. Copies of any tape recording or any transcript prepared from a tape recording of the hearing are to be used only for the purpose of deliberations by the hearing tribunal members or review of the arbitration award by the Directors. Any tape recording of an arbitration hearing shall be destroyed upon final action by the Directors.
Any unauthorized use of the tape recordings or transcripts may be construed as a violation of Article 14 of the N.A.R. Code of Ethics and these procedures.
Section 27. Arbitration Hearing
At the beginning of the hearing, each party shall sign a statement to the effect that he or she has received and read the proposed rules of procedure and either that he or she understands them and has no objection or questions concerning them or else specifies what objections or questions he or she has and what changes he or she desires (Form IBA-9). The tribunal shall act upon any such objection or request as it deems proper.
The parties to the dispute shall with diligence present to the hearing tribunal in writing such statements and proofs as it desires. Proofs may be submitted in the form of affidavits or otherwise. The tribunal may require that statements be verified by affidavit or that the accuracy or authenticity of any documents or other papers submitted be verified by affidavit. The tribunal shall receive oral testimony if any party to the arbitration requests, or if in the tribunal's opinion, it is necessary or desirable. The tribunal may determine what personal appearances should be made by the parties and regulate the holding of hearings. The tribunal may receive and consider any evidence it deems material and proper, including evidence from accountants and other experts, the expenses of such witnesses to be charged to the loser or charged to the parties in such ratio as determined by the tribunal members.
The hearing tribunal may hear and determine the controversy upon the evidence produced at the hearing notwithstanding the failure of a party, who has been duly notified, to appear. If only one party appears at the hearing, he or she may rest upon the evidence of the statement submitted with his or her application for arbitration or response thereto unless the tribunal requires more. The tribunal may not find in favor of a complainant solely by reason of respondent's failure to appear but may find against a complainant for his or her failure to appear.
Section 28. Presentation of Evidence at the Hearing
At any hearing every party has the right to present any witnesses, to submit any evidence pertinent to the case, and to cross-examine witnesses of others. Witnesses giving oral testimony shall be sworn by the presiding officer. Before permitting testimony relating to the character or general reputation of anyone, the hearing tribunal shall satisfy itself that the testimony has a direct bearing on the case at issue.
Section 29. Costs of Arbitration
The award may include costs of the prevailing party including an amount equal to the arbitration fee, witness fees, service of subpoenas and interest at the rate provided by law, unless another rate is specified by the award, and the award shall designate the date from which interest is to be computed (Form IBA-10). Where the dispute arises out of a contract which provides for attorneys' fees, the award may include attorneys' fees. Each party shall complete a statement of costs prior to the hearing and present it to the tribunal for consideration should he or she prevail.
If a continuance of a hearing has been caused by an untimely request by a party to be represented by counsel as set forth in Section 11 of these rules or for other reasons, such costs occasioned by the continuance may be awarded against the party making the request, even though he or she may be the prevailing party.
Section 30. Settlement
The parties to an arbitration proceeding may settle the issue between them by agreement at any time. In such event, upon notification to the C.A.R. Executive Vice President, the arbitration proceedings shall be terminated and termination shall be recorded in the file. C.A.R. shall establish a schedule for refund of fees upon notification of settlement. If more than one party has paid a filing fee, the nonrefundable portion shall be shared equally by the contributing parties.
Section 31. The Award
The arbitration award (Form IBA-12) shall be made as soon as practicable after the evidence is presented, the original of which shall forthwith be transmitted to the C.A.R. Executive Vice President for transmission of a copy to the parties. The award shall be in writing and signed by the hearing tribunal members or a majority of them.
If there is no request for a review by the Directors, the award shall be final and binding after the period to request a review has lapsed. If there is a request for review, the award shall be final and binding on the date of the Directors' action if the Directors ratify the award. Once the award is final and binding, it shall not be subject to review or appeal through C.A.R. or any local Board, except as required in Part 3, Title 9 of the California Code of Civil Procedure.
Section 32. Review of Arbitration by the Directors
(a) Within twenty (20) calendar days after the hearing tribunal's decision has been rendered, either the complainant or respondent may file a request in writing for a review by the Directors as defined in Section 1(c) (Form IBA-15) based on alleged procedural deficiencies that the party believes may constitute a deprivation of due process. The C.A.R. Executive Vice President may require the complainant to supply the necessary number of copies of the request for review.
(b) In order for a request for review to be considered filed with C.A.R., the request for review must be complete, signed by all parties requesting the review, include the appropriate filing fee and include a statement indicating the alleged procedural deficiencies that the party believes may constitute a deprivation of due process.
(c) The only basis for a review is a lack of procedural due process. Only the issues raised by the party requesting review in the written request for review may be raised in any hearing before the Directors. (d) When conducting a review, the Directors are subject to automatic disqualification under the grounds set out in Section 14 of these Rules. Each director must sign a statement (Form IBA-6) that he or she is not disqualified for any of the above reasons, and that he or she knows of no other reason that might prevent him from rendering an impartial decision.
(e) If a request for review is filed, the C.A.R. Executive Vice President shall immediately send a copy to the other party (Form IBA-15) and notify him that he or she may file a written reply (Form IBA-16) within fifteen (15) calendar days. The C.A.R. Executive Vice President may require the party submitting the reply to provide the necessary number of copies of the reply. The C.A.R. Executive Vice President shall, at this time, mail a list of the names of the Directors to both parties.
(f) Not later than twenty-one (21) calendar days from the date of mailing the request for review to the other party, the executive officer shall notify all parties of the time and place of the hearing by the Directors chosen according to the procedures of Section 14 of these Rules, and bring the matter before the Directors for hearing. The C.A.R. Executive Vice President shall provide to the Directors, in advance of the hearing, copies of the reply for review, response to that request, and the award.
(g) At the hearing before the Directors, the party requesting review shall present to the Directors his or her reasons why the award should not be upheld and the other party may be heard to state his or her reasons why the award should be upheld. The presiding officer of the hearing panel or his or her designee may respond to the allegations and answer any questions the Directors may have relating to the allegations of the party requesting review. The tape recording or the hearing should be played only to prove or disprove the procedural deficiencies asserted by the party requesting review and only the pertinent portions shall be played. The playing of the tape recording is not intended to substitute for a transcript of the case, and if a transcript does exist, then the pertinent portions of it should be read instead of playing the tape recording. No new evidence relating to the merits of the underlying case shall be received and the Directors shall not consider the substantive merits of the case.
(h) The Directors shall render their decision promptly. Their decision may be to 1) adopt the recommendation of the hearing tribunal, or 2) to remand the case for a new hearing before a new hearing tribunal.
(i) If the Award of the hearing tribunal is adopted, the filing fee of the party requesting the review shall pass into the general treasury of C.A.R. If a new hearing is ordered, the entire filing fee shall be returned to the party who paid it.
(j) The decision of the Directors shall be final.
Section 33. Enforcement
The judgment of any competent court of record in California may be rendered upon the award. In the event it is necessary for any party to the arbitration to obtain judicial confirmation and enforcement of the arbitration award against any other party, the party failing to abide by the arbitration award shall pay to the party obtaining such confirmation the costs and reasonable attorneys' fees incurred in such actions as determined by the court.
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