§ 171.73. Panel selection procedure.
(a) After a certificate of readiness is filed in accordance with § 171.71(e) (relating to certificate of readiness), the Administrator will select a health care provider, an attorney, and a layperson as arbitration panel members for positions not already filled by stipulation of the parties. The Administrator will send to each party a list of the panel members with a biographical statement and a sample copy of the oath to be signed by each.
(b) Each party may challenge for cause any panel members selected by the Administrator. The Administrator’s determination of a challenge for cause shall be conclusive.
(c) Each party may exercise a peremptory challenge against one member of the panel selected by the Administrator. If a party makes one or more challenges for cause, he may indicate in order of preference the panel member against whom he would want to exercise his peremptory challenge after any challenges for cause have been decided. Any peremptory challenge not timely made to the panel members named on the list sent by the Administrator shall be deemed waived as to those members.
(d) Any challenges for cause or peremptory challenges must be received by the Administrator within 14 days from the mailing of the list first naming the challenged panel members. If a party learns of grounds for disqualification of an arbitration panel member, he shall promptly notify the Administrator and all other parties. Any challenges for cause filed more than 14 days after the mailing of the list of panel members will be considered only upon a showing of good cause for the delay in making the challenge and shall be based upon information received after the period for making a timely challenge.
(e) In order to achieve a fair distribution of peremptory challenges, the Administrator may, where there is more than one plaintiff or more than one defendant or more than one additional defendant, consider any one or more of such groups as a single party.
Source The provisions of this § 171.73 amended June 19, 1981, effective July 12, 1980, 11 Pa.B. 2134. Immediately preceding text appears at serial page (49307).
Cross References This section cited in 37 Pa. Code § 171.74 (relating to filling vacancies); and 37 Pa. Code § 171.77 (relating to transfer to a Court of Common Pleas).
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