Md. Code Regs. 01.03.01.07

Current through Register Vol. 51, No. 9, May 3, 2024

Section 01.03.01.07 - Arbitration Panel Selection

A. Record of Panel Candidates.

(1) The Director shall compile and keep a current record of arbitration panel candidates. The Director may not submit to the parties any candidate's name whose biographical statement is more than 2 years old.

(2) The Director's records are divided into the following three categories:

(a) Members of the general public who are not attorneys, health care providers, or agents or employees of an insurance company or society;

(b) Attorneys who have been in the practice of law in the State for 3 years or more;

(c) Health care providers, subdivided, if practicable, by recognized health care specialties.

(3) If feasible, each category of the Director's records or lists is to be divided into geographical areas based on the county in which the candidate resides or is willing to serve.

(4) The Director shall compile a separate list of attorneys who are qualified and willing to serve as single arbitrators.

B. Preparation of Candidate Lists.

(1) Within 20 days after the time for filing a response the Director shall prepare an initial list of attorney panel candidates that contains the names of six individuals. These candidates shall be selected randomly from individuals residing, when possible, in counties in which a court would have venue under Courts and Judicial Proceedings Article, Title 6, Subtitle 2, Annotated Code of Maryland. If there are not a sufficient number of names from that county in which venue lies to permit random selection, the names shall be selected from neighboring counties, or from other individuals who are willing to serve where venue lies.

(2) The health care provider and public member lists are selected in similar fashion, except that the list of health care providers, if practicable, includes one or more health care providers from any specialty designated by any party to the action.

(3) The Director shall contact every individual on each initial list to determine the following:

(a) If the individual is available to serve on the panel;

(b) If the individual has any personal or economic relationship with any counsel or party to the claim for which this list is being prepared; and

(c) If there is any open medical malpractice case in which the individual is a party.

(4) The name of an individual who is disqualified from serving will be removed from the list and will be replaced with the name of another individual randomly selected from the appropriate category and qualified according to §B(3) of this regulation.

(5) If a panel candidate knowingly fails to disclose a relationship with a party, the Director shall remove the name of the candidate from the records and, in the case of an attorney or health care provider, shall report the circumstances to the disciplinary unit of the appropriate licensing agency whenever the Director considers it appropriate.

C. Delivery of List to Parties.

(1) Within 20 days after the time for filing a response, the Director shall deliver to each party identical lists of chairman candidates from the attorney category, prepared by the Director pursuant to §B of this regulation, including a brief biographical statement on each chairman candidate, and a copy of Courts and Judicial Proceedings Article, §§ 3-2 A-01-3-2A-07, Annotated Code of Maryland.

(2) The Director shall deliver to each party identical lists of panel candidates from the general public and health care provider categories prepared by the Director not later than 20 days pursuant to §B of this regulation including a brief biographical statement on each panel candidate.

D. Party Selection of Candidates.

(1) In this regulation, "party" means, with respect to multiple claimants or multiple health care providers, all claimants, acting jointly, or all defendant health care providers, acting jointly, as the case may be.

(2) Within 15 days after delivery of the list of panel candidates to a party, the party may object in writing, stating the reason for objection to inclusion of a panel candidate. If a prospective health care provider panelist is the same individual as either party intends to use as a witness in the case, that fact shall be disclosed within the 15-day period or the witness may not be used at the hearing. If the panel candidate is removed from the list a replacement may be made with the name of another individual selected according to §B of this regulation. Within 30 days, or in a lesser period of time if so ordered by the chairman in conjunction with the Director upon a motion of a party, after delivery of the initial or replacement list, the parties shall return to the Director a copy of the list from which the names of not more than two panel candidates from each category may have been stricken.

(3) The parties, at any time before the beginning of the hearing, may submit to the Director a written agreement selecting a single arbitrator or an agreed upon arbitrator in any category.

(4) The Director shall make the strikes for a party on failure of the party to return a list, and for multiple claimants or defendant health care providers on notice that parties cannot agree on strikes in a particular category.

E. Notice of Appointment.

(1) Within 10 days after party selections of the panel candidates are received, the Director shall compare the lists, including those returned to the Director and those from which the Director has made strikes, and shall select the first mutually agreeable individual in each category.

(2) The Director shall notify each panel candidate selected by mailing a consent and agreement form to the candidate. Within 5 days after receiving the notice, the panel candidate shall sign and return to the Director the consent and agreement form.

(3) After a panel candidate files a written acceptance to serve, a candidate may not refuse to serve without filing with the Director a written statement of good cause showing that serving as an arbitrator would constitute an unreasonable burden or undue hardship.

(4) The Director may remove a panel member for good cause shown at least 15 days after giving notice of and reason for this intention. The panel member may submit a written statement of why there should not be such a removal and the Director shall consider any statement submitted by the panel member.

F. Vacancies.

(1) If a vacancy occurs in the chairman's position on an arbitration panel that has not begun hearings on the claim, the vacancy will be filled by a substitute panelist. The Director shall select as the substitute the next mutually agreeable individual from the list of attorney candidates. A party may withdraw a previously made strike so as to facilitate the Director's appointment of a substitute. Otherwise, the parties may agree upon any qualified individual, or a new list is made and delivered to all parties.

(2) If a vacancy occurs on an arbitration panel that has begun or completed hearings on the claim, but has not made an award, the claim is heard by a new arbitration panel, unless each party agrees in writing to the remaining panelists making the award or to a substitute panelist being selected by the Director. Otherwise a new list is delivered to all parties for striking of names.

(3) The Director shall keep three categorized lists of alternate arbitrators consisting of individuals who have served on not less than three cases and have rendered at least one award in favor of a claimant and one in favor of a defendant or, in the case of a health care provider, one who has served on at least one case in which there has been an award in favor of a claimant in which the health care provider concurred.

G. Contact with Panel Candidates and Members.

(1) Except as provided in §G(2) of this regulation, a party or counsel may not communicate directly with an arbitration panel candidate or member concerning the claim.

(2) A party or counsel shall communicate with a member of the arbitration panel only by either of the following means:

(a) Written communication submitted to the chairman of the panel and served on the other parties or their counsel and on the Director; or

(b) Oral communication with the panel member in the presence of the other parties or their counsel.

(3) An individual aware of any communication with a panel candidate or member in violation of §G(1) or (2) of this regulation immediately shall notify the Director. If, after investigation, the Director determines that the communication has prejudiced a hearing, the Director shall require selection of a new arbitration panel or a new panel member, if the parties do not agree to continue without the affected panelist.

H. Conflict of Interest. Before the conclusion of all aspects of the controversy, a panel member may not enter into a contract or other agreement that can form the basis for any partiality with any counsel, claimant, or health care provider involved in the claim.

Md. Code Regs. 01.03.01.07

Regulations .07 adopted effective June 3, 1996 (23:11 Md. R. 808)