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Arbitration

General Provisions R​elating to Arbitration

Statements of Professional Standards Policy Applicable to Arbitration Proceedings

Part Seven, Section 26 — Definitions Relating to Arbitration
Part Seven, Section 27 — Qualification for Tribunal
Part Seven, Section 28 — Duty to Give Evidence
Part Seven, Section 29 — Right of Counsel to Appear
Part Seven, Section 30 — Witnesses
Part Seven, Section 31 — Conduct of Hearing
Part Seven, Section 32 — Notices
Part Seven, Section 33 — Interpretations of Bylaws
Part Seven, Section 34 — Waiver
Part Seven, Section 35 — Communication and Clerical
Part Seven, Section 36 — Attempt to Influence Tribunal

Membership Dut​ies and Enforcement

Part Eight, Section 37 — Duties of Membership
Part Eight, Section 38 — Selection and Appointment of the Grievance Committee
Part Eight, Section 39 — Selection and Appointment of the Professional Standards Committee

The Grievance​ Committee

Part Nine, Section 40 — Authority
Part Nine, Section 41 — Function
Part Nine, Section 42 — Grievance Committee's Review and Analysis of a Request for Arbitration

Arbitratio​n of Disputes

Part Ten, Section 43 — Arbitrable Issues
Part Ten, Section 44 — Duty and Privilege to Arbitrate
Part Ten, Section 45 — Board’s Right to Decline Arbitration
Part Ten, Section 46 — Duty to Arbitrate Before State Association
Part Ten, Section 47 — Manner of Invoking Arbitration
Part Ten, Section 48 — Submission to Arbitration
Part Ten, Section 49 — Initial Action by Directors
Part Ten, Section 50 — Preliminary Judicial Determination Prior to Imposition of Discipline
Part Ten, Section 51 — Arbitration Hearing
Part Ten, Section 52 — Settlement
Part Ten, Section 53 — The Award
Part Ten, Section 54 — Costs of Arbitration
Part Ten, Section 55 — Request for Procedural Review
Part Ten, Section 56 — Enforcement

Appendix I to Part Ten — Arbitrable Issues
Appendix II to Part Ten — Arbitration Guidelines
Appendix III to Part Ten — Rationale of Declaratory Relief and of Judicial Enforcement in Matters of Arbitration
Appendix IV to Part Ten — Rationale for No Findings of Fact in Awards
Appendix V to Part Ten — Arbitration Hearing Checklist with Administrative Time Frames
Appendix VI to Part Ten — Mediation as a Service of Member Boards

Part 11: Interboard Arbitration Procedures

Conduct of an Arbitration Hearing

Part Twelve: Outline of Procedure for Conduct of an Arbitration Hearing
Part Twelve: Outline of Procedure for an Arbitration Hearing Involving a Request and a Counter-Request
Part Twelve: Chairperson’s Procedural Guide: Conduct of an Arbitration Hearing
Part Twelve: Chairperson’s Procedural Guide: Conduct of an Interboard Arbitration Hearing
Part Twelve: Chairperson’s Procedural Guide: Conduct of a Procedural Review Hearing (Arbitration)
Part Twelve: Chairperson’s Procedural Guide: Conduct of a Procedural Review Hearing (Interboard Arbitration)

Specimen Forms for Arbitration

Part Thirteen, Specimen Forms
Part Thirteen, Form #A-1 — Request and Agreement to Arbitrate
Part Thirteen, Form #A-2 — Request and Agreement to Arbitrate (Nonmember)
Part Thirteen, Form #A-3 — Notice to Respondent
Part Thirteen, Form #A-4 — Response and Agreement to Arbitrate
Part Thirteen, Form #A-5 — Grievance Committee Request for Information
Part Thirteen, Form #A-6 — Response to Grievance Committee Request for Information
Part Thirteen, Form #A-7 — Notice of Right to Challenge Tribunal Members
Part Thirteen, Form #A-8 — Challenge to Qualifications by Parties to Arbitration Proceeding
Part Thirteen, Form #A-9 — Official Notice of Hearing
Part Thirteen, Form #A-10 — Outline of Procedure for Arbitration Hearing
Part Thirteen, Form #A-10a — Outline of Procedure for Arbitration Hearing Involving a Request and a Counter-Request
Part Thirteen, Form #A-11 — Certificate of Qualification
Part Thirteen, Form #A-12 — Award of Arbitrators
Part Thirteen, Form #A-13 — Request for Procedural Review
Part Thirteen, Form #A-14 — Official Notice of Procedural Review
Part Thirteen, Form #A-14a — Decision of the Procedural Review Hearing Tribunal
Part Thirteen, Form #A-15 — Checklist of Professional Standards Concerns
Part Thirteen, Form #A-16 — Seating Arrangements for Hearings
Part Thirteen, Form #A-17 — Mediation Resolution Agreement
Part Thirteen, Form #A-18 — Arbitration Activity Report
Part Thirteen, Form #A-19 — Sample Agreement to Establish Multi-Board (or Regional) Professional Standards Enforcement Procedures
Part Thirteen, Form #A-20 — Appeal of Grievance Committee Dismissal or Classification of Arbitration Request
Part Thirteen, Form #A-21 — Action of the Appeal Hearing Tribunal (Arbitration Request)

Part Fourteen — State Association Professional Standards Committee