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§ 579. Arbitration proceedings
- (a) The arbitrator shall set a time and place for the hearing on the
dispute and shall notify the parties not less than 5 days before the hearing.
- (b) Any party wishing a record of the hearing shall -
- (1) be responsible for the preparation of such record;
- (2) notify the other parties and the arbitrator of the preparation of
- (3) furnish copies to all identified parties and the arbitrator; and
- (4) pay all costs for such record, unless the parties agree otherwise or
the arbitrator determines that the costs should be apportioned.
- (1) The parties to the arbitration are entitled to be heard, to present
evidence material to the controversy, and to cross-examine witnesses appearing
at the hearing.
- (2) The arbitrator may, with the consent of the parties, conduct all or
part of the hearing by telephone, television, computer, or other electronic
means, if each party has an opportunity to participate.
- (3) The hearing shall be conducted expeditiously and in an informal
- (4) The arbitrator may receive any oral or documentary evidence, except
that irrelevant, immaterial, unduly repetitious, or privileged evidence may be
excluded by the arbitrator.
- (5) The arbitrator shall interpret and apply relevant statutory and
regulatory requirements, legal precedents, and policy directives.
- (d) No interested person shall make or knowingly cause to be made to the
arbitrator an unauthorized ex parte communication relevant to the merits of the
proceeding, unless the parties agree otherwise. If a communication is made in
violation of this subsection, the arbitrator shall ensure that a memorandum of
the communication is prepared and made a part of the record, and that an
opportunity for rebuttal is allowed. Upon receipt of a communication made in
violation of this subsection, the arbitrator may, to the extent consistent with
the interests of justice and the policies underlying this subchapter, require
the offending party to show cause why the claim of such party should not be
resolved against such party as a result of the improper conduct.
- (e) The arbitrator shall make the award within 30 days after the close
of the hearing, or the date of the filing of any briefs authorized by the
arbitrator, whichever date is later, unless -
- (1) the parties agree to some other time limit; or
- (2) the agency provides by rule for some other time limit.