| (a) Objections. A party or appraiser may object to
an umpire or a mediator as follows:
(1) for good cause:
(A) no later than the third day after the party or
appraiser receives the selection panel, based on the information provided
with the selection panel, or based on other information not provided
with the selection panel that is known to the party or the appraiser
at the time the selection panel is received; and
(B) at any time no later than 30 days after the mediation
or appraisal is complete based on other information not provided with
the selection panel and discovered after the selection of the umpire
or mediator; or
(2) because the umpire or mediator is insured by the
association no later than the earlier of:
(A) the seventh day after receiving the selection panel
and the information provided with it; or
(B) the seventh day before the mediator or umpire begins
work.
(b) Details for objections for good cause. A party
or appraiser may object for good cause based on information the department
provides with a selection panel or based on other information. Good
cause for an objection includes:
(1) any conflict of interest listed in §§5.4212,
5.4214, or 5.4232 of this title (relating to Appraisal Process - Appraiser
Qualifications and Conflicts of Interest, Appraisal Process - Umpire
Qualifications and Conflicts of Interest, or Mediation Process - Mediator
Qualifications and Conflicts of Interest, respectively);
(2) a mediator or an umpire who lacks independence
or is unable to competently or promptly handle the duties of a mediator
or an umpire; or
(3) other reasons that would reasonably be expected
to impair the mediation or appraisal.
(c) How to submit objections. All objections must be
sent to the department under §5.4251 of this title (relating
to Requests and Submissions to the Department). An objection must
include the following information:
(1) names of the parties involved in the dispute;
(2) name of the person submitting the objection;
(3) the association claim number;
(4) name of the mediator or umpire that the party or
appraiser wants to object to;
(5) an explanation of the good cause for objecting
to the mediator or umpire; and
(6) an explanation of any direct financial or personal
interest that the mediator or umpire has in the outcome of the dispute.
(d) Replacement. If the commissioner determines that
good cause exists to replace a mediator or an umpire who was selected
for a dispute, the commissioner will select a replacement mediator
or umpire.
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