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Florida Administrative Code (Last Updated: November 11, 2024) |
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60. Department of Management Services |
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60Q. Division of Administrative Hearings |
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60Q-3. Medical Malpractice Arbitration |
1(1) When the Director of DOAH determines that an offer to arbitrate has been made and accepted in substantial conformity with Rule 2360Q-3.005, 24F.A.C., the Director shall appoint an Administrative Law Judge as chief arbitrator of the assessment arbitration panel.
41(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.”
132(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.
212(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.
269(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.
312(6) When the parties have selected arbitrators in conformity with this rule, the Director shall enter an order confirming the selection.
333(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.
375(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.
401(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.
457Rulemaking Authority 459766.207(9), 460(10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Amended 5-7-90, Formerly 22I-7.007, Amended 6-27-00, 9-14-21.
