12 CRR-NY 380-9.8NY-CRR
12 CRR-NY 380-9.8
12 CRR-NY 380-9.8
380-9.8 Desk arbitration and further development of the record.
All disputes shall be resolved by desk arbitration unless the arbitrator, after review of the parties’ submissions, finds further development of the record necessary.
(a) Whenever an arbitrator finds further development of the record necessary, he or she must also obtain:
(1) the consent of the carrier or self-insured employer paying for the arbitration to proceed with such further development of the record; or
(2) when the carrier or self-insured employer does not consent, the arbitrator must obtain the consent of the chair’s designee to proceed with such further development of the record.
(b) Further development of the record may include submission of additional documentary evidence including sworn affidavits as directed by the arbitrator in addition to, or together with, a telephone conference to determine what evidence shall be produced and the timeline for such submission. The arbitrator shall make a record of the directions for additional evidence as well as the terms of a telephone conference.
(c) In the event that submission of such additional evidence is not adequate to resolve the issue, further development of the record may include an oral hearing. The arbitration association shall notify the parties of the location, date, and time of the oral hearing.
12 CRR-NY 380-9.8
Current through August 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.