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Session Laws, 1981
Volume 741, Page 2361   View pdf image
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HARRY HUGHES, Governor

2361

DISMISSES A CLAIM MAY NOT FILE A SECOND CLAIM ON THE SAME OR
SUBSTANTIALLY THE SAME GROUNDS AGAINST ANY OF THE SAME
PARTIES.

(b) Within 20 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 ATTORNEY
categorical [lists] LIST prepared by him pursuant to §
3-2A-03(c), together with a brief biographical statement as
to each of the [15] 5 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. NO LATER THAN 20 DAYS AFTER RECEIVING
NOTICE OF THE SCHEDULING OF THE PREHEARING CONFERENCE, THE
DIRECTOR SHALL DELIVER TO EACH PARTY THE NAMES OF FIVE
PERSONS CHOSEN AT RANDOM FROM EACH OF THE REMAINING
CATEGORICAL LISTS PREPARED BY HIM PURSUANT TO § 3-2A-03(C),
TOGETHER WITH A BRIEF BIOGRAPHICAL STATEMENT AS TO EACH OF
THE TEN PERSONS. Before delivering [the] EACH 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
20 days after the time for filing a response, a copy of §
3-2A-06 of this subtitle relating to judicial review.

3-2A-06.

(a)  A party may reject an award for any reason. A
notice of rejection must be filed with the Director and the
arbitration panel and served on the other parties or their
counsel within 90 30 days after the award is served upon the
rejecting party, or, if a timely application for
modification or correction has been filed within 30 10 days
after a disposition of the application by the panel,
WHICHEVER IS GREATER.

(b)  At or before the time specified in subsection (a)
for filing and serving a notice of rejection, the party
rejecting the award shall file an action in court to nullify
the award and shall file a copy of the action with the
Director. Failure to file this action timely in court shall
constitute a withdrawal of the notice of rejection. Subject
to the provisions of subsection (c), the procedures
applicable to the action including the form and necessary
allegations in the initial pleading shall be governed by the
Maryland Rules. If any party to the proceeding elects to
have the case tried by a jury in accordance with the
Maryland Rules, it shall be tried by a jury. Otherwise, the
case shall be tried by a judge. THE TRIAL DATE FOR EACH
REJECTION OF A PANEL DETERMINATION SHALL HAVE PRECEDENCE
OVER ALL CASES EXCEPT CRIMINAL MATTERS AND WORKMEN'S
COMPENSATION APPEALS.

 

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Session Laws, 1981
Volume 741, Page 2361   View pdf image
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