N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-9.8

Current through Register Vol. 46, No. 42, October 16, 2024

Section 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.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-9.8

Adopted New York State Register July 19, 2017/Volume XXXIX, Issue 29, eff. 7/19/2017