Fla. Admin. Code Ann. R. 61B-45.036 - Conduct of Proceedings by Arbitrator

(1) The failure or refusal of a petitioner to comply with any lawful order of the arbitrator or with a provision of these rules shall result in a dismissal of the petition or individual claims or imposition of costs and attorney's fees, or both, as appropriate, where such failure is deemed willful, intentional, or a result of neglect. The dismissal of any petition pursuant to this rule shall not be considered a decision on the merits of the petition.

(2) The failure or refusal of a respondent to comply with any lawful order of the arbitrator or with a provision of these rules shall result in the striking of the answer or individual defenses or imposition of costs and attorney's fees, or both, as appropriate.

(3) The arbitrator may without the agreement of the parties, conduct any proceeding permitted under these rules, including a motion hearing, by telephone conference.

(4) At any time after a petition has been filed, with the division for arbitration, the arbitrator may direct the parties to confer for the purpose of clarifying and simplifying issues, discussing the possibility of settlement, examining documents and other exhibits, exchanging names and addresses of witnesses, resolving other procedural matters, and entering into a prehearing stipulation.

Notes

Fla. Admin. Code Ann. R. 61B-45.036

Specific Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS.

New 4-1-92, Formerly 7D-45.036, Amended 6-19-96, 2-17-98.

New 4-1-92, Formerly 7D-45.036, Amended 6-19-96, 2-17-98.