SECTIONS 471-471.5 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 471-471.5

471. (a) The advisory council shall adopt rules and regulations to
effectuate the purposes of this chapter, including, but not limited
to, guidelines to be used by the programs for the recruitment and
training of persons conducting dispute resolution, and provisions for
periodic monitoring and evaluation of the programs funded pursuant
to this chapter. The advisory council shall establish guidelines to
evaluate the performance of participating programs, which shall
include analysis of court caseload reduction, cost savings to the
state, the efficacy of the programs, and the feasibility of operation
of a statewide program of grants at the time the state assumes the
responsibility for the funding of trial courts.
(b) The advisory council shall adopt temporary guidelines within
six months of its initial meeting. The adoption of these temporary
guidelines shall not be subject to the procedures specified in
Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2
of the Government Code.
Upon the adoption of the temporary guidelines, counties may award
grants pursuant to this chapter. Programs funded pursuant to this
chapter shall comply with the temporary guidelines, the requirements
of this chapter and, when adopted, the formal rules and regulations.
(c) Formal rules and regulations implementing this chapter shall
be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of
Division 3 of Title 2 of the Government Code and, upon adoption,
shall supersede the temporary guidelines adopted pursuant to
subdivision (b).
(d) On and after January 1, 1989, or such earlier date as the
advisory council completes its duties pursuant to this chapter, the
Division of Consumer Services of the Department of Consumer Affairs
shall periodically review the effectiveness of the rules and
regulations adopted pursuant to this chapter and adopt changes
thereto as necessary. It also shall monitor and evaluate the programs
funded pursuant to this chapter as to their compliance with those
rules and regulations.
(e) The Director of Consumer Affairs shall administer and enforce
this chapter and the rules and regulations adopted pursuant to this
chapter, and in so doing may exercise any power conferred under
Chapter 4 (commencing with Section 300).

471.3. The rules and regulations adopted by the advisory council
pursuant to Section 471 shall be formulated to promote statewide
uniformity with the guidelines contained in those rules and
regulations.

471.5. Each program funded pursuant to this chapter shall annually
provide the county with statistical data regarding its operating
budget; the number of referrals, categories, or types of cases
referred to the program; the number of persons served by the program;
the number of disputes resolved; the nature of the disputes
resolved; rates of compliance; the number of persons utilizing the
process more than once; the duration of and the estimated costs of
the hearings conducted by the programs; and any other information
that the county may require. The data shall maintain the
confidentiality and anonymity of the persons employing the dispute
resolution process.