Md. Code Regs. 02.01.06.07

Current through Register Vol. 51, No. 12, June 14, 2024

Section 02.01.06.07 - Conduct of the Arbitration Hearing

A. Representation. Parties to an arbitration may present their own cases or have someone represent them. Representation by an attorney is permitted but is not required.

B. Presence at the Arbitration. Only the parties, witnesses, counsel, and other representatives may be present at an arbitration hearing unless the parties agree that other persons may attend. Witnesses, other than the parties and their representatives, may, at the discretion of the arbitrator, be excluded from the hearing during the testimony of any other witnesses.

C. Failure to Appear. If a party, after proper notification, fails to appear at the hearing, the arbitrator shall hear the evidence presented and render a decision not earlier than 5 days following the hearing unless, within that time, the party who failed to appear establishes good cause for failing to appear, and failing to timely request a postponement. If good cause is established, the arbitrator shall reopen the hearing and take all additional evidence as is offered before rendering a decision.

D. Allowable Evidence. The parties have the right to testify, present other witnesses, including experts, who have knowledge relevant to the dispute, and present relevant documents for the arbitrator's consideration. Each party may question the other party's witnesses. All witnesses will be placed under oath. Strict rules of evidence, such as apply in court proceedings, may not be applied, and the arbitrator will determine the weight to be given to any evidence that is presented.

E. Inspections. The arbitrator has the discretion to make an inspection of the merchandise or goods which are the subject of the dispute, but are not available at the hearing, when requested by a party or whenever he/she determines that an inspection is necessary. If the arbitrator determines that an inspection of the goods or merchandise is necessary, then the arbitrator will promptly notify all parties to the dispute of the time and place of the inspection so that all parties to the dispute may be present if they wish.

F. Expert Consultants. If the arbitrator determines that consultation with a neutral expert would assist him/her in reaching a fair decision, the arbitrator may request the Arbitration Administrator to obtain the services of an individual with the appropriate experience. The Arbitration Administrator may maintain a list of persons who have specialized skills covering a wide variety of consumer transactions, and who agree to provide expert assistance to the arbitration program when requested, so that requests for expert consultations may be honored with minimum delay. Consultation of an expert shall take place either in the presence of the parties and arbitrator or through the use of a conference call arranged by the arbitrator. The arbitrator shall adjourn and reconvene the hearing if the adjournment is necessary for consultation of the expert.

G. Adjournments and Reopenings. The arbitrator may adjourn an arbitration hearing from time to time as necessary. Notice of the adjournment shall be sent to the Arbitration Administrator who will schedule the adjourned hearing as appropriate. If the arbitrator determines after the close of the hearing, but before an award is made, that further hearing is needed to permit a just decision, the arbitrator may reopen the hearing by giving the parties reasonable notice of the reopening, including the matter or matters to be heard at the reopened hearing. The Arbitration Administrator shall schedule reopened hearings.

Md. Code Regs. 02.01.06.07

Regulation .07 amended effective April 21, 1978 (5:8 Md. R. 589)
Regulations .07 repealed effective July 15, 1985 (12:14 Md. R. 1429)
Regulations .07 adopted effective July 15, 1985 (12:14 Md. R. 1429)