New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter H - Disability Benefits
Article 2 - Rules Under Disability Benefits Law
Part 380 - Paid Family Leave
Subpart 380-9 - Disputes
Section 380-9.7 - Assignment of arbitrators
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The dispute resolution forum shall select from the panel of arbitrators, on a rotational basis, an arbitrator who will hear the case and shall submit the name of the arbitrator to each party to the arbitration no later than 14 days after sending the acknowledgment of the request for arbitration.
(b) Any person appointed as an arbitrator shall disclose to the dispute resolution forum any circumstance likely to affect impartiality, including any bias, or any actual or apparent conflict of interest from financial or personal interest in an arbitration. Upon receipt of such information from the arbitrator or another source, the dispute resolution forum shall communicate the information to the parties, and if it deems appropriate to do so, to the arbitrator and other interested parties.
(c) If a party objects to the appointment of an arbitrator, the specific grounds for such objection shall be submitted in writing to the dispute resolution forum, which shall determine within seven days after receipt of the challenge whether the arbitrator shall be disqualified. The dispute resolution forum shall determine whether the arbitrator shall be disqualified and shall notify the parties of its decision, which shall be final and binding.
(d) In the event an arbitrator shall resign, be disqualified or be otherwise unable to perform his or her duties, the dispute resolution forum shall appoint another arbitrator.
