Section 40.04. Removal from roster.

 

(1)   Nature and conditions of roster membership. Admission to the roster does not create a right to continued roster membership or a right to be placed on any given panel. Except as noted in s. ERC 40.06 (3) , roster members do not have a right to be placed on a minimum number of panels in any fixed period, such as a month or a year.

(2)   Bases for Removal. Roster members may be removed on the commission's own motion or at the request of an individual or organization. Removal shall be at the discretion of the commission, based on the following:

(a) Failure to comply with this chapter.

(b) Failure to meet, on a continuing basis, the commission's roster member qualifications.

(c) Failure to provide the commission with complete and accurate biographical data and to keep the commission informed of changes in residence and availability to arbitrate cases.

(d) Repeated delinquency in submitting awards.

(e) Refusal to comply with requests from the commission concerning arbitration activities and potential conflicts of interest.

(f) Unacceptability to the parties, which may be evidenced by a low rate of selection over a period of time.

(g) Failure to disclose to the commission any personal relationships or other circumstances which might reasonably raise a question regarding the roster arbitrator's or fact finder's impartiality

(h) Failure to adhere to appropriate ethical principles.

(3)   Request for removal. Any individual or organization may submit to the commission, as set forth in s. ERC 10.06 (1) , a request that a roster member be removed from the roster. The request shall be in writing and shall contain:

(a) The name, address and phone number of the requesting party. Fax number and e-mail address shall be included, if available.

(b) The dispute or disputes in which the requesting party has interacted with the roster member.

(c) The specific allegations on which the request is based.

(d) The signature or signature facsimile of the person submitting the request.

(e) The date on which the request was prepared.

(4)   Commission action. Subsequent to receipt of information indicating a possible basis for a roster member's removal, or subsequent to receipt of a request for removal of a roster member, the commission, or its designee, shall conduct a preliminary investigation. The commission shall then determine the appropriate action, if any, to be taken, including whether the roster member should be removed from the roster. A roster member who is being considered for removal shall be provided with prior written notice, as set forth in s. ERC 10.07 , including a statement setting forth the basis for the commission's consideration of the member's removal. The roster member shall have an opportunity both to provide a written statement of reasons why removal should not take place and to physically meet with the commission to be heard on that subject. The decision of the commission shall be final and shall be placed in a written notice including the reasons for the commission's decision.

History: CR 02-037 : cr. Register June 2006 No. 606 , eff. 7-1-06.