§ 171.74. Filling vacancies.
(a) If any arbitration panel member should resign, die, withdraw, refuse, be disqualified, or be unable to perform the duties of service, the Administrator will, on proof satisfactory to him, declare the office vacant. Vacancies will be filled in accordance with subsections (b) and (c).
(b) If the office is declared vacant prior to the commencement of the hearing, the Administrator will appoint a substitute member from the same category in which the vacancy exists and the procedure in § 171.73 (relating to panel selection procedure) will be followed; however, only a party who has not previously exercised his peremptory challenge may peremptorily challenge an Administrator’s appointee. The parties may stipulate to a substitute member under § 171.72 (relating to selection of panelists by stipulation).
(c) If the office is declared vacant after commencement of the hearing, the matter shall be reheard before a new arbitration panel selected in accordance with § 171.73 unless all the parties, with the approval of the administrator agree otherwise.
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