Code of Massachusetts Regulations
990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL
Title 990 CMR 13.00 - Arbitration
Section 13.02 - Selection of Arbitrators

Universal Citation: 990 MA Code of Regs 990.13

Current through Register 1531, September 27, 2024

(1) Host Community. In the case where the Council has declared that an impasse exists in negotiations between the developer and the local assessment committee of a host community, arbitration shall be by single impartial arbitrator, jointly selected by the developer and the local assessment committee, if they so choose, or by majority vote of an arbitrationpanel comprised of three arbitrators, one selected by the developer, one selected by the local assessment committee and a third, impartial arbitrator, who shall act as chairman of the panel, jointly selected by the developer and the local assessment committee.

(2) Abutting Community. In the case where either the developer or an abutting community files a request for arbitration indicating dissatisfactionwiththe Council's determination as to the compensation to be paid by the developer to the abutting community, arbitration shall be by a single impartial arbitrator, jointly selected by the developer and the chief executive officer of the abutting community, if they so choose, or by majority vote of an arbitration panel comprised of three arbitrators, one selected by the developer, one selected by the chief executive officer of the abutting community and a third, impartial arbitrator, who shall act as chairman of the panel, jointly selected by the developer and the chief executive officer of the abutting community.

(3) Procedure. In either case, the Council shall provide both parties with a list of available arbitrators. If the parties do not agree on the arbitrator to be jointly selected, selection of that arbitrator shall be as follows:

(a) Each party shall eliminate any arbitrator from the list it finds clearly unacceptable, and rank the remainingarbitrators according to preference. The ranking given each arbitrator shallbe compared and the arbitrator with the highest ranking by both parties shall serve as the jointly selected arbitrator.

(b) Ifan arbitration panelor single impartial arbitrator has not been selected within 30 days after arbitration proceedings have been initiated pursuant to 990 CMR 13.01(1), the Chairman shall appoint the single arbitrator or the arbitrators necessary to complete the three-person panel.

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