60Q-3.025. Assessment Misarbitration

(1) If no two members of the assessment arbitration panel can agree on an arbitration award, the chief arbitrator shall enter an order of misarbitration. (2) Within 20 days of an order of misarbitration, the parties shall nominate at least three but no more than five arbitrators other than an arbitrator from the proceeding which resulted in misarbitration by filing the nominees’ names, addresses and telephone numbers, along with certificates, in the form set out in subsection 60Q-3.007(2), Florida Administrative Code. The Director shall appoint two nominees as arbitrators, provided that if more than one party complies with this section within 20 days of an order of misarbitration, the Director shall appoint arbitrators nominated by different parties. (3) At any assessment arbitration hearing following misarbitration, no party may offer exhibits or call witnesses not offered or called at the assessment arbitration hearing preceding misarbitration, provided that the transcript of testimony given at a prior assessment arbitration hearing by a witness who is unavailable at a later hearing may be offered as an exhibit.