N.Y. Comp. Codes R. & Regs. tit. 12 § 325-6.17

Current through Register Vol. 46, No. 25, June 18, 2024
Section 325-6.17 - Qualifications of arbitrators
(a) The chair shall appoint an advisory committee composed of four members who will review the qualifications of applicants for the position of arbitrator of disputed requests for reimbursement and review their performance. The advisory committee shall make recommendations in a timely manner to the chair pertaining to the appointment and dismissal of arbitrators. The committee shall consist of one representative each of the AFL-CIO, the Business Council of New York, the State Insurance Fund, and the board.
(b) An arbitrator shall have a basic knowledge of the Workers' Compensation Law which will qualify such arbitrator to resolve issues involved in reimbursement disputes. Documentation of such knowledge and related experience shall be submitted to the advisory committee.
(c) All arbitrators shall be appointed by, and serve at the pleasure of, the chair and subject to the following:
(1) The arbitrator shall serve a term of three years. Such term shall run from the date of appointment by the chair or the effective date of this regulation whichever date is later. The three year term shall expire on March 31st of the third year following the year of appointment. Renewal shall be at the discretion of the chair. An arbitrator shall continue to serve, following March 31st of the third year, pending renewal by the chair.
(2) An arbitrator candidate shall disclose to the chair any circumstance which is likely to create an appearance of bias or which might disqualify such a person as an arbitrator, and the chair shall determine whether the candidate should be disqualified. The chair shall forward the names of all arbitrators to the dispute forum, and promptly inform the dispute forum of all additions to, and deletions from, the panel of arbitrators.
(d) Any arbitrator appointed by the chair shall be subject to disqualification with respect to a particular case for the reasons specified in section 325-6.18 of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 325-6.17

Adopted New York State Register April 6, 2016/Volume XXXVIII, Issue 14, eff.6/1/2016