Rule 8. Authority of arbitrators.
(A) Arbitrators hear cases admitted to the program and shall render awards in accordance with these rules. The powers of the arbitrators shall include, but not be limited to, the powers:
(1) To administer oaths or affirmations to witnesses;
(2) To relax all applicable rules of evidence and procedure to effectuate a speedy and economical resolution of the case without sacrificing a party’s right to a full and fair hearing on the merits.
(B) Any challenge to the authority or action of an arbitrator shall be filed with the commissioner and served upon the other parties and the arbitrator within 10 days of the date of the challenged decision or action. Any opposition to the challenge must be filed with the commissioner and served upon the other parties within 5 days of service of the challenge. The commissioner shall rule on the issue in due course. Judicial review of the ruling of the commissioner may be obtained by filing a petition for such review with the commissioner within 10 days of the date of service of the commissioner’s ruling. The commissioner shall then notify the district judge to whom the case is assigned of the petition and may enter an appropriate stay pending review by the district judge. The district judge to whom the case is assigned shall have the non-reviewable power to uphold, overturn or modify the commissioner’s ruling, including the power to stay any proceeding.
[Added; effective July 1, 1992; amended effective January 1, 2005.]