On or before the 5th business day after a final Board determination with respect to a Help America Vote Act Title III complaint is due, the respondent shall designate, in a writing to the complainant, the name of an arbitrator to serve on a panel to resolve the complaint.
Within 3 business days after the complainant receives the designation of an arbitrator, the complainant shall designate, in a writing to the respondent, the name of a second arbitrator.
Within 3 business days after the complainant's designation of a second arbitrator, the two arbitrators designated shall select a third arbitrator to complete the panel.
The arbitration panel may review the record compiled in connection with the complaint, including the tape recording or any transcript of a hearing and any briefs or memoranda, but may not receive additional testimony or evidence. In exceptional cases, however, the panel may request that the parties present additional briefs or memoranda.
The arbitrators shall determine the appropriate resolution of the complaint by a majority vote, and issue a written resolution within 60 days after the final Board determination was due under Subsection 428.8 of this chapter. The 60-day period may not be extended.
The final resolution of the panel shall be published on the Board's website, and mailed to the complainant, each respondent, and any other interested person who has asked in writing to be advised of the final resolution.
The final resolution of the arbitration panel is the final resolution of the complaint.
D.C. Mun. Regs. tit. 3, r. 3-432