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Part Ten, Section 51 — Arbitration Hearing

Part Ten, Section 51 — Arbitration Hearing

(a) Not sooner than fifteen (15) days nor later than twenty-one (21) days after mailing notice to the respondent of the request for arbitration, the Secretary shall mail to the complainant a copy of the response and respondent’s affirmative claim, if any. (Revised 11/98)

In the case of an arbitration request involving issues related to areas of the real estate business such as commercial, investment, industrial, etc., where there is an insufficient number of qualified practitioners on the Board’s Professional Standards Committee to provide a representative peer panel, the Board President shall appoint other Board Members qualified in that field to serve as panel members. If the Board President is unable to identify a sufficient number of qualified members to serve on a panel, the President shall report that fact to the Directors at their next regularly scheduled meeting. If the Board of Directors concurs, the request shall be referred to the State Association pursuant to Part Fourteen of this Manual. If the State Association is unable to provide a representative peer panel, the parties shall be released from their obligation to arbitrate. (Revised 11/98)

(b) The Secretary shall inform the parties of the date, time, and place of the hearing established by the arbitrators (or the Chairperson of the Professional Standards Committee) (Form #A-9, Official Notice of Hearing, Part Thirteen).*

(*Form #A-10, Outline of Procedure for Arbitration Hearing, Part Thirteen, should accompany the notice of the hearing or be otherwise provided to the parties prior to the hearing.)

The arbitration request and response, if any, shall be provided to Hearing Panel members prior to the hearing. Such time period shall be ________ (as determined by the Board of Directors) and shall be adhered to for all hearings. Board’s conducting arbitration must also provide all parties and panel members with the Arbitration Guidelines prior to commencement of any arbitration hearing. The parties shall be given at least twenty-one (21) days’ prior notice of the hearing, but appearance at a hearing without objection by a party will constitute a waiver of any defective notice of the hearing. The arbitrators may recess the hearing from time to time as necessary and, on request of a party or upon the arbitrator’s own motion, may postpone the hearing for not more than thirty (30) days, unless otherwise agreed to by the parties. (Revised 11/96)

(c) Upon notice by the Secretary, the parties to the dispute shall with diligence present to the arbitrators in writing such statements and proof which they deem necessary to support their claims. Proof may be submitted in the form of affidavits or otherwise. The Hearing Panel of arbitrators may require that statements be verified by affidavits or that accuracy or authenticity of any documents or other papers submitted be verified by affidavit. At the hearing, the arbitrators shall receive any further written statements, documents, or other papers, shall hear oral testimony and determine what personal appearances shall be made by the parties, and shall regulate the holding of hearings.**

(**Such hearings should be conducted according to Part Twelve, Conduct of an Arbitration Hearing.)

The Hearing Panel may receive and consider any evidence they deem material and proper, including evidence of accountants and other experts. Each party is responsible for the expenses of expert witnesses he calls. Parties to arbitration shall be entitled to have legal counsel present at any hearing. Each party is responsible for the expenses of his respective counsel.