Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

37 Pa. Code § 171.76. Invitation and disclosure of interests of panel members.

§ 171.76. Invitation and disclosure of interests of panel members.

 (a)  After determining any challenges for cause and noting peremptory challenges, the Administrator will invite the selected members to serve on the arbitration panel. Prior to the arbitration hearing, each invited member shall sign and file with the Administrator an agreement to serve and an oath of office.

 (b)   A person invited to serve as an arbitration panel member may decline to serve or shall disclose to the Administrator under oath circumstances which might affect his impartiality.

 (c)  The Administrator will promptly communicate such disclosure to the parties. Written challenges for cause based on the disclosure must be received by the Administrator within 14 days after the date on the Administrator’s notice of disclosure or they shall be deemed waived. Thereafter, the Administrator will determine in his discretion whether the member should be disqualified and will inform the parties of his decision, which will be conclusive.

 (d)  The fact that a panel member is insured by the same company insuring the professional liability of a defendant or additional defendant in the subject action shall not be grounds for a valid challenge for cause.

 (e)  If an arbitration panel member knowingly fails to make the required disclosure contained in subsection (b), the Administrator will remove him from the arbitration panel and from the list of future arbitration panel candidates and will report the circumstances of the violation to the appropriate public prosecutor or licensure board or to the Disciplinary Board of the Supreme Court of Pennsylvania.



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