AB 993

Bill Subjects

Abstract

The Contractors' State License Law provides for licensing and regulation of contractors by the Contractors' State License Board. Existing law establishes an arbitration process administered by the board to resolve disputes between contractors and consumers. Existing law requires that if a dispute goes to arbitration, the arbitrator or arbitrator association be approved by the board. Existing law authorizes an arbitrator to grant any remedy or relief deemed just and equitable and within the scope of the board's referral to the arbitrator and the requirements of the board, including costs and expenses. This bill would provide that a party that submits a dispute to arbitration waives any right to recover attorney's fees or to challenge an arbitrator's award of attorney's fees in a civil action related to the dispute. Existing law requires the board or appointed arbitration association to provide the parties with a list of the times, dates, and locations of the hearing to be held, and requires the parties to notify the arbitrator of the convenient times and dates within 7 calendar days of the mailing of the list. Existing law requires the arbitrator to fix the time, place, and location of the hearing, if the parties fail to respond within that timeframe. A record is not required to be taken of the hearing proceedings. This bill would instead require the parties to notify the arbitrator of times, dates, and locations convenient to each party, as specified, and require the arbitrator to fix the time, date, and location of the hearing after considering the responses of the parties. Existing law provides that any person having a direct interest in the arbitration is entitled to attend the hearing, but that it shall be discretionary with the arbitrator to determine the propriety of the attendance of any other person. This bill would provide that the arbitrator shall not exclude any other person from attendance at the hearing without good cause, consistent with the public nature of the proceeding. Under existing law, any party to the proceeding may have a record made at its own expense. This bill would require a party making a recording of a hearing to supply that recording, at its own expense, to the auditor. Existing law authorizes the hearing to be reopened on the arbitrator's own motion, and provides that service of any papers or process in connection with these proceedings shall be by personal service or by regular mail on a party at the last known address. This bill would authorize the hearing to be reopened on the arbitrator's motion prior to the rendering of an award, and would provide that service by first class mail is complete upon deposit into specified mail receptacles. The bill would make other related changes.