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Session Laws, 1986
Volume 768, Page 2361   View pdf image
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HARRY HUGHES, Governor

2361

[(h)] (I) Subject to § 3-2A-06, 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.

[(i)] (J) [The] EXCEPT FOR TIME LIMITATIONS PERTAINING TO
THE FILING OF A CLAIM OR RESPONSE, THE Director or the panel
chairman, for good cause shown, may lengthen or shorten the time
limitations prescribed in subsections (b) and [(f)] (G) of this
section AND § 3-2A-04 OF THIS ARTICLE.

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 30
days after the award is served upon the rejecting party, or, if a
timely application for modification or correction has been filed
within 10 days after a disposition of the application by the
panel, whichever is greater.

(b)  (1) At or before the time specified in subsection (a)
OF THIS SECTION 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) OF THIS SECTION, the procedures
applicable to the action including the form and necessary
allegations in the initial pleading shall be governed by the
Maryland Rules.

(2)  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.

(3)  The trial date for each rejection of a panel
determination shall have precedence over all cases except
criminal matters and workmen's compensation appeals.

(c)  An allegation that an award is improper because of any
ground stated in § 3-223(b) or § 3-224(b)(l), (2), (3), or (4) of
this article shall be made by preliminary motion, and shall be
determined by the court without a jury prior to trial. Failure to
raise such a defense by pretrial preliminary motion shall
constitute a waiver of it. If the court finds that a condition
stated in § 3-223(b) exists, it shall modify or correct the
award. If the rejecting party still desires to proceed with
judicial review, the modified or corrected award shall be
substituted for the original award. If the court finds that a
condition stated in § 3-224(b)(l), (2), (3), or (4) exists, it

 

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Session Laws, 1986
Volume 768, Page 2361   View pdf image
 Jump to  
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