ADR Legislation & Regulation
LEGISLATION
CA A 500
AUTHOR: Lieu [D]
TITLE: Civil Actions: Telephonic Appearances
INTRODUCED: 02/20/2007
DISPOSITION: To Governor
LOCATION: Enrolled
Commentary:
Adding and repealing sections to the Code of Civil Procedure relating to appearance by telephone conference in civil actions. Amendments include: (b) Except as provided in subdivision (c), in all general civil cases, as defined in the California Rules of Court, a party that has provided notice may appear by telephone at the following conferences, hearings, and proceedings: (5) A conference to review the status of an arbitration or mediation.
CA A 709
AUTHOR: Keene [R]
TITLE: Real Estate Appraisers
INTRODUCED: 02/22/2007
DISPOSITION: Pending
Commentary:
Relates to public agencies contracting with members of an appraisal organization to provide an appraisal, as defined, of real property. A September 5, 2007 amendment to the bill, while not prohibiting arbitration, states, "Any waiver by a member, including, but not limited to, an agreement to arbitrate a claim, that is required as a condition of submitting a proposal or doing business with a public agency shall be presumed involuntary, unconscionable, against public policy, and unenforceable. The public agency has the burden of proving that any waiver of rights, including any agreement to arbitrate a claim, was knowing, voluntary, and not made a condition of submitting a proposal or doing business with the agency."
CA A 1178
AUTHOR: Hernandez [D]
TITLE: Medical Information: Disclosures
INTRODUCED: 02/23/2007
DISPOSITION: To Governor
LOCATION: To enrollment
Commentary:
"A provider of health care, a health care service plan, or a contractor shall disclose medical information if the disclosure is compelled by any of the following...By an arbitrator or arbitration panel, when arbitration is lawfully requested by either party, pursuant to a subpoena duces tecum issued under Section 1282.6 of the Code of Civil Procedure, or any other provision authorizing discovery in a proceeding before an arbitrator or arbitration panel."
CA S 574
AUTHOR: Negrete McLeod [D]
TITLE: Alcoholic Beverages
INTRODUCED: 02/22/2007
DISPOSITION: To Governor
LOCATION: Enrolled
Commentary:
An act amending the Business and Professions Code in relation to alcoholic beverages. (Alcohol Beverage Control Act). Amendments include: "(1) An arbitration held under this subdivision shall be held in California through a private arbitration services provider with at least three offices in California and a statewide roster of at least 70 neutral arbitrators, of which at least 30 have prior experience as a sole arbitrator in franchise, distribution, or related business litigation." Additional amendments outline the arbitration process.
IL S 1400
SPONSOR: Jacobs M [D]
TITLE: Redevelopment and Annexation
INTRODUCED: 02/09/2007
DISPOSITION: To Governor
Commentary:
Bill levying an assessment on wind energy turbines; allows for binding arbitration of disputes over deconstruction of abandoned turbines.
PA H 1821
PN: 2420
AUTHOR: Shimkus [D]
TITLE: Home Construction Contract Regulation
INTRODUCED: 09/04/2007
DISPOSITION: Pending
LOCATION: House Consumer Affairs Committee
Commentary:
This bill provides regulation of home construction contracts. As it relates to arbitration, the bill places several requirements on arbitration clauses in construction contracts, requiring the clause to meet the following requirements or be deemed void by the court upon motion of either party:
(1) the text of the clause must be in capital letters;
(2) the text shall be printed in 12 point boldface type and the arbitration clause must appear on a separate page from the rest of the contract;
(3) the clause shall contain a separate line for each of the parties to indicate their assent to be bound thereby;
(4) the clause shall not be effective unless both parties have assented as evidenced by signature and date, which shall be the date on which the contract was executed;
(5) the clause shall state clearly whether the decision of the arbitration is binding on the parties or may be appealed to the court of common pleas; and
(6) the clause shall state whether the facts of the dispute, related documents and the decision are confidential.
US H 1427
SPONSOR: Frank [D]
TITLE: Government Sponsored Enterprises
INTRODUCED: 03/09/2007
DISPOSITION: Pending
LOCATION: Senate Banking, Housing and Urban Affairs Committee
Commentary:
`(2) PROTECTION FROM LIABILITY FOR REPORTS
`(A) IN GENERAL If a regulated entity makes a report pursuant to paragraph (1), or a regulated entity affiliated party makes, or requires another to make, such a report, and such report is made in a good faith effort to comply with the requirements of paragraph (1), such regulated entity or regulated entity affiliated party shall not be liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision of any State, or under any contract or other legally enforceable agreement (including any arbitration agreement), for such report or for any failure to provide notice of such report to the person who is the subject of such report or any other person identified in the report.
US H 3393
SPONSOR: Davis A [D]
TITLE: Veteran Reemployment Rights
INTRODUCED: 08/03/2007
DISPOSITION: Pending
LOCATION: House Veteran's Affairs Committee
Commentary:
This bill would exempt claims brought under veterans' reemployment rights from arbitration under the FAA.
REGULATION
Kentucky 803
KAR 25: 096
AGENCY: Environmental and Public Protection Cabinet/Department for Labor/Office of Workers' Claims
TITLE: Selection of Physicians, Treatment Plans and Statements
PROPOSED: 08/06/2007
Commentary: Proposed regulation to regulate the selection of physicians and provide for treatment plans under KRS Chapter 342. Removes references to arbitration in the sections of the Regulation concerning workers' compensation claims and medical billing. Comment deadline 10/1/07.
Kentucky 803
KAR 25: 110
AGENCY: Environmental and Public Protection Cabinet/Department for Labor/Office of Workers' Claims
TITLE: Workers' Compensation Managed Health Care Plans
PROPOSED: 08/08/2007
Commentary: As it relates to arbitration, the proposed Regulation states that managed care plans may provide for alternate means of dispute resolution including arbitration and mediation. Comment deadline 10/1/07.
Kentucky 803
KAR 25: 251
AGENCY: Environmental and Public Protection Cabinet/Department for Labor/Office of Workers' Claims
TITLE: Repeal of 803 KAR 25: 250
PROPOSED: 08/06/2007
Commentary: Repeals 803 KAR 25: 250 (mandatory mediation of medical fee disputes) until a more successful program to mediate medical disputes can be designed. The proposed rule states in part, "The mediation program has not been as successful as was anticipated. After evaluation, approximately 15% were settled. Many parties complained of the additional steps and expense in the process. Therefore, it would be more cost effective for all parties to repeal this administrative regulation." Comment deadline is 10/1/07.
United States
FR Doc 07-4264 [Federal Register: August 31, 2007 (Volume 72, Number 169)] [Rules and Regulations] [DOCID: fr31au07-13] Part VI
Department of Defense
32 CFR Part 232 [DOD-2006-OS-0216] RIN 0790-AI20
Commentary: The final regulation was issued by the Department of Defense for “Limitations on Terms of Consumer Credit Extended to Service Members and Dependents.” The final rule can be found here: http://frwebgate5.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=01826647877+5+0+0&WAISaction=retrieve.
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