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Session Laws, 1976
Volume 734, Page 498   View pdf image
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498

LAWS OF MARYLAND

Ch. 235

RECOGNIZED SPECIALTIES. A THIRD PARTY CLAIM SHALL BE
FILED WITH THE RESPONSE OF THE THIRD PARTY CLAIMANT TO
THE ORIGINAL CLAIM.

(B)    WITHIN TEN DAYS AFTER THE TIME FOR FILING A
RESPONSE, THE DIRECTOR SHALL DELIVER TO EACH PARTY THE
NAMES OF FIVE PERSONS CHOSEN AT RANDOM FROM EACH OF THE
CATEGORICAL LISTS PREPARED BY HIM PURSUANT TO §3-2A03(C),
TOGETHER WITH A BRIEF BIOGRAPHICAL STATEMENT AS TO EACH
OF THE 15 PERSONS. IF THE CLAIM OR THE RESPONSE STATES
THAT THE MATTER FALLS WITHIN ONE OR MORE RECOGNIZED
SPECIALTIES, THE DIRECTOR, IF PRACTICABLE, SHALL INCLUDE
PERSONS IN THE SPECIALTY ON THE LIST FROM THE HEALTH CARE
PROVIDER CATEGORY. BEFORE DELIVERING THE LIST, THE
DIRECTOR SHALL INQUIRE OF THE PERSONS SELECTED AND ASSURE
HIMSELF THAT THEY DO NOT HAVE A PERSONAL OR ECONOMIC
RELATIONSHIP WITH ANY OF THE PARTIES THAT CAN FORM THE
BASIS OF ANY PARTIALITY ON THEIR PART. IF, IN THE
JUDGMENT OF THE DIRECTOR, A PERSON SELECTED HAS SUCH A
RELATIONSHIP WITH A PARTY, HIS NAME SHALL BE REPLACED BY
ANOTHER CHOSEN AT RANDOM. THE DIRECTOR SHALL ALSO
DELIVER TO EACH PARTY WITHIN TEN DAYS AFTER THE TIME FOR

FILING A RESPONSE, A COPY OF SECTION 3-2A06 OF THIS ACT

RELATING TO JUDICIAL REVIEW.

(C)    WITHIN 30 DAYS AFTER DELIVERY OF THE LIST, A
PARTY MAY OBJECT IN WRITING STATING THE REASONS THEREFOR
TO THE INCLUSION OF ANY ARBITRATOR ON THE LIST. IF THE

DIRECTOR FINDS A REASONABLE BASIS FOR THE OBJECTION, HE

SHALL REPLACE THE NAME OF THE ARBITRATOR WITH THE NAME OF
ANOTHER ARBITRATOR. WITHIN THE SAME 30 DAY PERIOD, EACH
PARTY SHALL STRIKE FROM THE LIST IN EACH CATEGORY ANY
NAME OR NAMES THAT ARE UNACCEPTABLE AND RETURN A COPY OF
THE LIST WITH HIS STRIKES TO THE DIRECTOR. A PARTY BAY
NOT STRIKE MORE THAN TWO NAMES IN ANY CATEGORY. IF,

(1)    THE CLAIM IS AGAINST MORE THAN ONE
HEALTH CARE PROVIDER, WHETHER DIRECTLY BY A CLAIMANT OR
AS A RESULT OF A THIRD PARTY CLAIM, THE HEALTH CARE
PROVIDERS CLAIMED AGAINST SHALL BE TREATED AS A SINGLE
PARTY AND SHALL EXERCISE THEIR STRIKES JOINTLY;

(2)    THERE IS MORE THAN ONE CLAIMANT, THE
CLAIMANTS SHALL BE TREATED AS A SINGLE PARTY AND SHALL
EXERCISE THEIR STRIKES JOINTLY;

(3)    WITHIN THE 30-DAY PERIOD, MULTIPLE
CLAIMANTS OR MULTIPLE HEALTH CAFE PROVIDERS FAIL TO AGREE
ON THEIR STRIKES IN ANY CATEGORY, THEY SHALL NOTIFY THE
DIRECTOR OF THEIR DISAGREEMENT, AND HE SHALL MAKE THE
STRIKES ON THEIR BEHALF WITH RESPECT TO THAT CATEGORY;

(4) ANY PARTY FAILS TO RETURN A COPY OF THE
LIST WITH HIS STRIKES WITHIN THE 30-DAY PERIOD, THE
DIRECTOR SHALL MAKE THE STRIKES FOR THAT PARTY.

(D) THE DIRECTOR SHALL COMPARE THE LISTS RETURNED
TO HIM AND THE LISTS FROM WHICH HE HAS [[STRIKEN]]

 

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Session Laws, 1976
Volume 734, Page 498   View pdf image
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