SECTION 455:10-21-2. Alternative Dispute Resolution Program Facilitators  


Latest version.
  • (a)   General. Alternative Dispute Resolution Program (ADRP) Facilitators shall be assigned by the Executive Director to preside over ADRP procedures. An ADRP Facilitator shall be fair and impartial and take all necessary action to avoid delay in the resolution and disposition of an appeal. An ADRP Facilitator shall have all powers necessary to that end which are not otherwise prohibited. An ADRP Facilitator shall be subject to the Commission Code of Conduct for ADRP Facilitators.
    (b)   Withdrawal. An ADRP Facilitator shall withdraw from any appeal in which he or she can not be fair and impartial. The Executive Director shall be immediately notified of the withdrawal and reason for such withdrawal.
    (c)   Disqualification. A party to an appeal may file a request seeking the disqualification of an ADRP Facilitator on the basis of inability to be fair or impartial. The request shall specifically state the reasons for such request and shall be filed as soon as the party making the request has reason to believe there is a basis for the disqualification and shall include an affidavit of service to all other parties. The ADRP Facilitator shall be provided an opportunity to respond. The Executive Director shall rule on the request and the decision is final and conclusive except as provided for the in the Administrative Procedures Act and OAC 455:10-3-20.
[Source: Added at 13 Ok Reg 3025, eff 7-15-96]