Sec. 33.01.05.07. Complaint — Alternate Dispute Resolution

A. If, for any reason, the State Administrator or the State Administrator's designee does not render a final determination within 90 days after the complaint was filed, or within any extension to which the complainant consents, the complaint shall be resolved under this regulation.

B. Selection of Arbitrators.

(1) On or before the 5th business day after a final State Board determination is due, the State Board shall designate in writing to the complainant the name of an arbitrator to serve on a panel to resolve the complaint.

(2) Within 3 business days after the complainant receives the designation of an arbitrator, the complainant shall designate in writing to the State Board the name of a second arbitrator.

(3) Within 3 business days after the complainant's designation of a second arbitrator, the two arbitrators designated shall select a third arbitrator to complete the panel.

C. Arbitration Process.

(1) The arbitration panel may review the record compiled in connection with the complaint, including the tape recording or any transcript of a hearing and any briefs or memoranda, but may not receive additional testimony or evidence.

(2) In exceptional cases, the panel may request that the parties present additional briefs or memoranda.

D. Arbitration Resolution.

(1) The arbitrators shall determine the appropriate resolution of the complaint by a majority vote.

(2) The arbitration panel shall issue a written resolution within 60 days after the final State Board determination was due under Regulation .06D of this chapter. The 60-day period may not be extended.

(3) The final resolution of the panel shall be:

(a) Transmitted to the State Board;

(b) Mailed to the complainant, each respondent, and any other interested person who has asked in writing to be advised of the final resolution;

(c) Published on the State Board website; and

(d) Made available on request to any interested person.

(4) Except if an appeal is permitted under Regulation .08B of this chapter, the final resolution of the panel is the final resolution of the complaint.