2 AAC 12.960. Arbitrator referral

(a) The commissioner shall serve a copy of the current list of arbitrators to the parties following the filing of the answering statement.

(b) The parties shall promptly confer and, within 15 days after the date the list was served, shall notify the commissioner as to whether they agree on an arbitrator or, if the commissioner has referred the appeal to a panel under 2 AAC 12.956(b) , on three arbitrators, subject to the requirements in 2 AAC 12.958(d) reguarding composition of the panel. The parties shall provide the names of the agreed arbitrator or panel to the commissioner.

(c) If the parties agree on an arbitrator or a panel, the commissioner shall refer the appeal to that arbitrator or panel.

(d) If the parties do not agree on an arbitrator or a panel, each party shall, within 15 days after the date the list was served, strike from the list the name of each arbitrator to whom the party objects, number the remaining names in order of preference, and return the list to the commissioner. The commissioner shall select an arbitrator or a panel from remaining names on the list based on the parties' orders of preference, and shall refer the appeal to that arbitrator or panel.

(e) If a party does not return the list to the commissioner within 15 days after the date the list was served, the commissioner may consider all arbitrators on the list to be acceptable to that party. If a party strikes all names from the list, or if, for purposes of assembling a panel, the party does not provide unstruck names sufficient to assemble a panel in accordance with the composition requirements in 2 AAC 12.958(d) , the commissioner may select any arbitrator or a panel from the list, and refer the appeal to that arbitrator or panel, subject to recusal, disclosure, and challenge under 2 AAC 12.962.

History: Eff. 5/26/2004, Register 170

Authority: AS 36.30.040

AS 36.30.870

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