201 CMR, § 14.05 - Processing of Request for Arbitration Forms

(1) Request Intake. The OCABR shall date-stamp and assign a case number upon receipt of a submitted request for arbitration form.

(2) Request Review. The OCABR shall review submitted request for arbitration forms for completeness and compliance with 201 CMR 14.03 within 14 business days of receipt.

(3) Notification of Status. The OCABR shall promptly provide written notice of the status of the request for arbitration:

(a) Eligibility. If the application satisfies the eligibility requirements, the eligibility notice shall include a conflict of interest form for listing any potential witnesses, attorneys, or other persons, that might appear on behalf of the parties. The form shall be provided to the arbitrator at the time of appointment to determine whether any conflicts of interest exist between the potential arbitrator and any of the parties to the arbitration case. Upon receipt of the conflict of interest form, OCABR shall appoint an arbitrator, and advise the claimant of the arbitration hearing fee due.

(b) Incomplete. Incomplete forms shall be returned to the applicant for completion. Such forms when completed must be received by OCABR within 30 business days or the applicant's period of eligibility for filing the request, whichever is later. OCABR may reject any request that is not timely filed.

(c) Ineligibility. If a request is rejected, a written statement of the reasons for the rejection shall be sent to the applicant promptly.

(4) Hearing Fee. Within ten business days of the request for fee payment, the claimant must submit to OCABR the hearing fee in accordance with the fee schedule established by OCABR. Failure to timely remit the arbitration fee shall result in the dismissal of the defaulting party's claim.

(5) Counterclaim Deadline and Fee. All counterclaims must be submitted to OCABR within ten business days after notice from OCABR of acceptance of the case. The party filing a counterclaim must pay a fee in accordance with the fee schedule established by OCABR. The fee must be paid upon filing. In the absence of extraordinary circumstances, the arbitrator may grant a party no more than one seven business day extension of the time in which to respond to the demand for arbitration or to submit a counterclaim.

(6) Request Processing. Upon receipt of the hearing fee, OCABR shall send to both parties acknowledgment that the case has been accepted. The acceptance date shall trigger a 90 business day period in which the hearing must be held and all evidence must be presented.

(7) Rescission of Acceptance. The OCABR may rescind any acceptance of a request for arbitration granted in error because of incomplete or erroneous information or misrepresentation on the part of the applicant.

Notes

201 CMR, § 14.05

Amended by Mass Register Issue 1314, eff. 6/3/2016.