Florida Regulations 60Q-3.028: Allocation Arbitration Panels
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(1) If all arbitrating defendants agree in writing, they may, within 20 days of the arbitration award, select two arbitrators, and up to four alternates, by filing their names, addresses and telephone numbers, along with certificates in accordance with Rule 60Q-3.007, Florida Administrative Code executed by each nominee. At least one arbitrator so selected shall be a medical practitioner and so designated. The other arbitrator and all alternates shall be either medical practitioners or, if a hospital licensed pursuant to Chapter 395, Florida Statutes, is involved, certified hospital risk managers, and each shall be so designated.
(2) Unless all arbitrating defendants agree on two arbitrators, the party filing the initial demand for allocation shall simultaneously nominate at least one, but no more than five, arbitrators, by filing their names, addresses and telephone numbers, along with the required certificates executed by each nominee.
(3) Each arbitrating defendant, other than the defendant who files the initial demand for allocation, shall, within 10 days of receipt of the initial demand for allocation, nominate up to five arbitrators, by filing their names, addresses and telephone numbers, along with the required certificates executed by each nominee.
(4) Should any defendant fail or refuse to timely nominate arbitrators, the Director shall select the arbitrators other than the chief arbitrator from the lists submitted by the other defendants.
(5) When the defendants have selected arbitrators in conformity with this rule, the Director shall enter an order confirming the selection.
(6) If the chief arbitrator resigns or is otherwise unavailable to participate in allocation arbitration, the Director shall appoint another Administrative Law Judge chief arbitrator.
(7) If an arbitrator other than the chief arbitrator resigns or is otherwise unavailable to participate at the time and place established, the Director shall appoint an alternate or nominee designated in conformity with this rule.
Specific Authority 766.207(9),(10) FS. Law Implemented 766.201-.212 FS. History-New 9-6-88, Formerly 22I-7.028, Amended 6-27-00.
Terms Used In Florida Regulations 60Q-3.028
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(3) Each arbitrating defendant, other than the defendant who files the initial demand for allocation, shall, within 10 days of receipt of the initial demand for allocation, nominate up to five arbitrators, by filing their names, addresses and telephone numbers, along with the required certificates executed by each nominee.
(4) Should any defendant fail or refuse to timely nominate arbitrators, the Director shall select the arbitrators other than the chief arbitrator from the lists submitted by the other defendants.
(5) When the defendants have selected arbitrators in conformity with this rule, the Director shall enter an order confirming the selection.
(6) If the chief arbitrator resigns or is otherwise unavailable to participate in allocation arbitration, the Director shall appoint another Administrative Law Judge chief arbitrator.
(7) If an arbitrator other than the chief arbitrator resigns or is otherwise unavailable to participate at the time and place established, the Director shall appoint an alternate or nominee designated in conformity with this rule.
Specific Authority 766.207(9),(10) FS. Law Implemented 766.201-.212 FS. History-New 9-6-88, Formerly 22I-7.028, Amended 6-27-00.