MARVIN MANDEL, Governor

499

STRICKEN NAMES PURSUANT TO SUBSECTION (C), AND SHALL
SELECT THE FIRST MUTUALLY AGREEABLE PERSON IN EACH
CATEGORY AS THE ARBITRATORS.

(E)         THE PARTIES MAY, WITHIN THE TIME FOR RETURNING

THEIR LISTS TO THE DIRECTOR, AGREE IN WRITING UPON A
SINGLE ARBITRATOR. IN THAT EVENT, THEY SHALL ADVISE THE
DIRECTOR IN WRITING OF THEIR CHOICE, AND THE ONE
ARBITRATOR SHALL CONSTITUTE THE ARBITRATION PANEL.

3-2A05. ARBITRATION OF CLAIM.

(A)          ALL ISSUES OF FACT AND LAW RAISED BY THE CLAIM
AND RESPONSE SHALL BE REFERRED BY THE DIRECTOR TO THE
ARBITRATION PANEL.

(B)         THE PROVISIONS OF SECTIONS 3-212 THROUGH 3-217
AND 3-220 OF THIS ARTICLE AND THE PROVISIONS OF CHAPTER
400 OF THE MARYLAND RULES (DEPOSITIONS AND DISCOVERY) ARE
APPLICABLE TO PROCEEDINGS UNDER THIS SUBTITLE.

(C)          THE ATTORNEY MEMBER OF THE PANEL SHALL BE
CHAIRMAN AND HE SHALL DECIDE ALL PREHEARING PROCEDURES
INCLUDING ISSUES RELATING TO DISCOVERY.

(D)         THE ARBITRATION PANEL SHALL FIRST DETERMINE
THE ISSUE OF LIABILITY WITH RESPECT TO A CLAIM REFERRED
TO IT. IF THE ARBITRATION PANEL DETERMINES THAT THE
HEALTH CARE PROVIDER IS NOT LIABLE TO THE CLAIMANT OR
CLAIMANTS THE AWARD SHALL BE IN FAVOR OF THE HEALTH CARE
PROVIDER.        IF THE ARBITRATION PANEL DETERMINES THAT A
HEALTH CARE PROVIDER IS LIABLE TO THE CLAIMANT OR
CLAIMANTS, IT SHALL THEN CONSIDER, ASSESS, AND APPORTION
APPROPRIATE DAMAGES AGAINST ONE OR MORE OF THE HEALTH
CARE PROVIDERS THAT IT HAS FOUND TO BE LIABLE.

(E)         THE AWARD SHALL INCLUDE AN ASSESSMENT OF
COSTS, [[INCLUDING THE ARBITRATORS' FEES]] [[OTHER THAN
THE COSTS PROVIDED IN THE STATE BUDGET]] INCLUDING THE
ARBITRATORS' FEES.

(F)         THE ARBITRATION PANEL SHALL DELIVER ITS AWARD
TO THE DIRECTOR IN WRITING, WHO SHALL CAUSE A COPY OF IT
TO BE SERVED ON EACH PARTY.

(G)          A PARTY MAY APPLY TO THE ARBITRATION PANEL TO
MODIFY OR CORRECT AN AWARD AS TO LIABILITY, DAMAGES, OR
COSTS IN ACCORDANCE WITH SECTION 3-222 OF THIS ARTICLE.

(H)         SUBJECT TO SECTION 3-2A06, THE AWARD OF THE

PANEL SHALL BE FINAL AND BINDING ON THE PARTIES. AFTER
THE TIME FOR EITHER REJECTING OR MODIFYING THE AWARD HAS
EXPIRED THE DIRECTOR SHALL FILE A COPY OF THE AWARD WITH
THE CIRCUIT COURT HAVING PROPER VENUE, AS PROVIDED IN
TITLE 6, SUBTITLE 2 OF THIS ARTICLE AND THE COURT SHALL
CONFIRM THE AWARD. UPON CONFIRMATION THE AWARD SHALL
CONSTITUTE A FINAL JUDGMENT.