Md. Code Regs. 01.03.01.13

Current through Register Vol. 51, No. 21, October 18, 2024

Section 01.03.01.13 - Modification of Award

A. Application of Modification.

(1) Within 20 days after an award is mailed to a party, the party may apply to the arbitration panel for modification of the award.

(2) Each other party shall be given notice of the application for modification stating that the party may file an objection to the application within 10 days after receiving the notice.

B. Basis for Modification.

(1) An arbitration panel may modify its award for any of the following purposes:

(a) To clarify the award;

(b) To correct the imperfect form of an award, not affecting the merits of the controversy;

(c) To correct an obvious miscalculation of figures or an obvious mistake in the description of an individual, thing, or property referred to in the award;

(d) Without affecting the merits of the determination on issues submitted to an arbitration panel, to correct an award made on a matter not submitted to the panel; or

(e) To correct any obvious error or injustice.

(2) An arbitration panel shall modify its award according to a court order made under Courts and Judicial Proceedings Article, §3-222(d), Annotated Code of Maryland.

(3) A modified award includes, as a separate item, an assessment of the amount of additional arbitration costs incurred in determination of the issue modifying the award.

C. Filing of Modified Award.

(1) Within 20 days after an application for award modification is referred to the arbitration panel, the panel shall submit to the Director the following:

(a) A written statement of the panel's determination on the application;

(b) The modification to the award, if any;

(c) The additional arbitration costs incurred; and

(d) The allocation of those costs among the parties or to any one of the parties in accordance with the provisions of Regulation .12C of this chapter.

(2) The Director shall cause a copy of the arbitration panel's modification determination and the cost amount to be served on each party within 15 days after receipt of it.

Md. Code Regs. 01.03.01.13

Regulations .13 adopted effective June 3, 1996 (23:11 Md. R. 808)