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02.01.06.00.htm 02.01.06.00. Title 02 OFFICE OF THE ATTORNEY GENERAL Subtitle 01 CONSUMER PROTECTION DIVISION Chapter 06 Arbitration Procedure Authority: Commercial Law Article, §13-205 and 13-404; Courts and Judicial Proceedings Article, §3-201 et seq. Annotated Code of Maryland
02.01.06.01.htm 02.01.06.01. 01 Scope of the Arbitration Program.. A. General. Arbitration is a process by which disputes between parties are resolved outside of the court system by an impartial individual after hearing pertinent evidence and argument. Arbitration in Maryland is governed by the Maryland Uniform Arbitration Act, Courts and Judicial Proceedings Article, Title 3, Subtitle 2, Annotated Code of Maryland.B. Disputes Subject to Arbitration. Disputes arising out of transactions in
02.01.06.02.htm 02.01.06.02. 02 Cost.. There will be no cost to either party for an arbitration conducted under these regulations except for transcripts ordered by a party.
02.01.06.03.htm 02.01.06.03. 03 Pool of Volunteer Arbitrators.. A. Maintenance of Pool. The Arbitration Administrator may maintain a pool of volunteer arbitrators who will be selected to hear arbitrations that are not conducted by the Chief Arbitrator. A pool shall represent, to the extent feasible, a broad cross section of individuals from all parts of the State. The Arbitration Administrator will endeavor to obtain participation of a sufficient number of arbitrators from each region of the State to assure t
02.01.06.04.htm 02.01.06.04. 04 Participation in Arbitration Program.. A. Precommitment Agreements. A person who conducts business in the State may agree, on a form prescribed by the Division, to submit to arbitration all, or any class of, disputes that may arise in the future between that merchant and a consumer so long as the dispute is one otherwise covered by these regulations. The agreement will provide that it will bind the business to submit to arbitration any complaint for which medi
02.01.06.05.htm 02.01.06.05. 05 Appointment of Arbitrator.. A. Persons Eligible. The Chief Arbitrator may appoint himself/herself to preside over arbitration or may appoint an arbitrator from any pool maintained by the Arbitration Administrator. In making the appointment, the Chief Arbitrator will consider the:1) Location of the arbitration; and. 2) Ability of any potential arbitrator to hear and decide the particular matter fairly and promptly.. B. Disqualification..
02.01.06.06.htm 02.01.06.06. 06 Scheduling of Arbitration Hearing.. A. Location and Time. Arbitrations shall be set by the Arbitration Administrator, to the extent feasible, at a time and location convenient to all parties. Arbitrations may be conducted at the complainant's home or the merchant's place of business, or any other location that will encourage a prompt and fair evaluation of the dispute. If either party desires a specific location for the hearing, that request shall be made i
02.01.06.07.htm 02.01.06.07. 07 Conduct of the Arbitration Hearing.. A. Representation. Parties to an arbitration may present their own cases or have someone represent them. Representation by an attorney is permitted but is not required.B. Presence at the Arbitration. Only the parties, witnesses, counsel, and other representatives may be present at an arbitration hearing unless the parties agree that other persons may attend. Witnesses, other than the parties and their representatives, may, at the discretio
02.01.06.08.htm 02.01.06.08. 08 Ex Parte Communications.. A. There shall be no direct communication between the parties to an arbitration and the arbitrator concerning the merits of the dispute other than at the arbitration hearing. Other communications, such as those concerning scheduling or other procedural matters, shall be made to the Chief Arbitrator, or, if the Chief Arbitrator is the arbitrator for the case, to the Arbitration Administrator, who will respond or refer the matter to the arbitrator
02.01.06.09.htm 02.01.06.09. 09 Transcript of Hearing.. A. Record. Unless requested by a party, a verbatim record may not be made of the arbitration hearing, although the arbitrator will take notes of the testimony and place documentary evidence in an arbitration file.B. Transcription. A party may request in writing to the Arbitration Administrator that a verbatim record of all or part of the hearing be made and transcribed. This request shall be received not later than 5 days before the s
02.01.06.10.htm 02.01.06.10. 10 The Arbitration Award.. A. Discretion of Arbitrator. The award in an arbitration rests solely in the discretion of the arbitrator and may not be changed by any person within the Office of the Attorney General except for a modification by the arbitrator when allowed by the Maryland Uniform Arbitration Act.B. Time. The award shall be made promptly. Arbitrators will endeavor to make an award within 30 days of the hearing unless unusual circumstances prevent an award being made wi
02.01.06.11.htm 02.01.06.11. 11 Interpretation of Regulations.. These regulations are to be interpreted broadly to accomplish their purpose, and to promote the rendering of just, impartial, and timely arbitration decisions.
02.01.06.9999.htm 02.01.06.9999. Administrative History Effective date: June 25, 1977 (4:13 Md. R. 1027). Regulation .07 amended effective April 21, 1978 (5:8 Md. R. 589). Regulations .01―10 repealed effective July 15, 1985 (12:14 Md. R. 1429) ―. Regulations .01―11 adopted effective July 15, 1985 (12:14 Md. R. 1429) ―. Chapter revised effective February 27, 2006 (33:4 Md. R. 351).
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