Ch. 160

LAWS OF MARYLAND

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.

(4)  THE CLERK OF THE COURT IN WHICH AN ACTION IS
FILED UNDER THIS SUBSECTION SHALL FORWARD A COPY OF THE ACTION TO
THE COMMISSION ON MEDICAL DISCIPLINE OF MARYLAND OR ITS
SUCCESSOR.

(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) or
§ 3-2A-05(h) 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, or that the award was not
appropriately modified in accordance with § 3-2A-05(h) of this
subtitle, 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 shall vacate the award, and trial of the
case shall proceed as if there had been no award.

(d)  Unless vacated by the court pursuant to subsection (c),
the unmodified arbitration award is admissible as evidence in the
judicial proceeding. The award shall be presumed to be correct,

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