37 Pa. Code § 171.76 - Invitation and disclosure of interests of panel members
(a) After determining any challenges for
cause and noting peremptory challenges, the Administrator will invite the
selected members to serve on the arbitration panel. Prior to the arbitration
hearing, each invited member shall sign and file with the Administrator an
agreement to serve and an oath of office.
(b) A person invited to serve as an
arbitration panel member may decline to serve or shall disclose to the
Administrator under oath circumstances which might affect his
impartiality.
(c) The Administrator
will promptly communicate such disclosure to the parties. Written challenges
for cause based on the disclosure must be received by the Administrator within
14 days after the date on the Administrator's notice of disclosure or they
shall be deemed waived. Thereafter, the Administrator will determine in his
discretion whether the member should be disqualified and will inform the
parties of his decision, which will be conclusive.
(d) The fact that a panel member is insured
by the same company insuring the professional liability of a defendant or
additional defendant in the subject action shall not be grounds for a valid
challenge for cause.
(e) If an
arbitration panel member knowingly fails to make the required disclosure
contained in subsection (b), the Administrator will remove him from the
arbitration panel and from the list of future arbitration panel candidates and
will report the circumstances of the violation to the appropriate public
prosecutor or licensure board or to the Disciplinary Board of the Supreme Court
of Pennsylvania.
Notes
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