Sec. 02.01.06.05. Appointment of Arbitrator

A. Persons Eligible. The Chief Arbitrator may appoint himself/herself to preside over arbitration or may appoint an arbitrator from any pool maintained by the Arbitration Administrator. In making the appointment, the Chief Arbitrator will consider the:

(1) Location of the arbitration; and

(2) Ability of any potential arbitrator to hear and decide the particular matter fairly and promptly.

B. Disqualification.

(1) An arbitrator may not hear an arbitration if:

(a) He/she is related to one of the parties, has a personal interest in the subject of the arbitration, has a present or former personal or business relationship with one of the parties; or

(b) Other circumstances exist that might affect the arbitrator's ability to render a fair decision.

(2) If the Chief Arbitrator is disqualified from hearing a matter, the Arbitration Administrator shall appoint the arbitrator.

C. Notification. The Arbitration Administrator shall, by regular mail, notify the arbitrator of the appointment and the time, date, and location of the arbitration. The arbitrator shall promptly advise the Arbitration Administrator of any conflict or other interest in the matter that would preclude the arbitrator from serving, or of his/her unavailability to hear and decide the arbitration promptly. In this event, the Arbitration Administrator will make another appointment.

D. Request for Disqualification. Any party may seek the disqualification of an arbitrator based upon the standards set forth in §B(1) of this regulation. The Chief Arbitrator may refer the request to the Chief of the Consumer Protection Division for decision. Any other arbitrator may refer the request to the Chief Arbitrator or, if the Chief Arbitrator has been disqualified previously, to the Chief of the Division. If an arbitrator, the Chief Arbitrator, or the Chief of the Division grants a request for disqualification, the Arbitration Administrator shall appoint another arbitrator to hear the matter.

E. Substitution of Arbitrator. If an arbitrator is unable to conduct a prompt arbitration hearing or render a prompt decision in an arbitration already conducted due to illness, death, disability, or other reasons, the Arbitration Administrator may, after consultation with the parties, appoint another arbitrator.