Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.007 - Assessment Arbitration Panels

Current through Reg. 50, No. 138; July 16, 2024
(1) When
				the Director of DOAH determines that an offer to arbitrate has been made and
				accepted in substantial conformity with Rule
				 60Q-3.005, F.A.C., the Director
				shall appoint an Administrative Law Judge as chief arbitrator of the assessment
				arbitration panel.
(2) The chief
				arbitrator shall execute a certificate, as follows: "I hereby certify that to
				the best of my knowledge and as far as I have been able with reasonable
				diligence to discover, I am and shall remain, for the pendency of these
				proceedings, independent of all parties, witnesses, and legal counsel, and that
				I am not and shall not become, during the pendency of these proceedings, an
				officer, director, shareholder, or employee of any party, its affiliate or
				subsidiary, or of any witness or legal counsel involved in this
				arbitration."
(3) Within 20 days of
				the order appointing the chief arbitrator, the parties shall select arbitrators
				and alternates by filing their names, addresses and telephone numbers, along
				with certificates in the form set out in this rule, executed by the arbitrators
				and alternates named. The claimant or claimants shall select an arbitrator and
				up to two alternates, and the defendant or defendants shall select a different
				arbitrator and up to two alternates. Each party must submit at least one
				alternate.
(4) In the absence of
				agreement among multiple defendants or multiple claimants, each party unable to
				reach agreement may nominate an arbitrator by filing the nominee's name,
				address and telephone number, along with a certificate in the form set out in
				this rule, executed by the nominee, within 20 days of the order appointing the
				chief arbitrator.
(5) On motion
				filed within 20 days of the order appointing the chief arbitrator, the chief
				arbitrator may, for good cause shown, extend the time for nomination of
				arbitrators up to 40 days from the day on which the chief arbitrator was
				appointed.
(6) When the parties
				have selected arbitrators in conformity with this rule, the Director shall
				enter an order confirming the selection.
(7) If a party entitled to select an
				arbitrator fails to do so and does not demonstrate good cause for failing to
				timely submit arbitrators for confirmation, the Director may select an
				additional arbitrator from the alternates submitted by any other
				party.
(8) If the chief arbitrator
				resigns or is otherwise unavailable to participate in assessment arbitration,
				the Director shall appoint another Administrative Law Judge as chief
				arbitrator.
(9) If an arbitrator
				other than the chief arbitrator resigns or is otherwise unavailable to
				participate at the time and place established for the assessment arbitration
				hearing, the Director shall appoint as a replacement an alternate designated in
				conformity with this rule by the party or parties entitled to select, unless
				none so designated is available.
Rulemaking Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Amended 5-7-90, Formerly 22I-7.007, Amended
					 6-27-00, 9-14-21.