18 Del. Admin. Code § 1401-6.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1401-6.0 - Disclosure of Interests

6.1 Any party to a proceeding before a malpractice review panel may propound, through the ex-officio member of the panel, reasonable questions to a panel candidate if such questions are submitted to the ex-officio member of the panel within ten days of the receipt of the list on which the candidate's name appears.

6.2 Any individual selected as a member of a malpractice review panel shall disclose to the non-voting, ex-officio member of the panel any circumstances which might affect his impartiality, including any bias or any past or present relationship with the parties, their counsel or their fellow panel members. The non-voting, ex-officio member of the panel shall promptly communicate such disclosure to the parties. The panel member will be disqualified from the panel upon application by the chairperson to the Court in the event of the existence of any circumstances which might affect the panel members' impartiality, unless all parties waive in writing, any presumption of bias on the part of the panel member by reason of the disclosure.

6.3 If a panel member knowingly fails to make the required disclosure contained in 6.2 of this section, the non-voting, ex-officio member of the panel will communicate the name of such individual to the Commissioner. The Commissioner, upon receipt of same shall strike the panel member's name from the appropriate list of panel candidates.

18 Del. Admin. Code § 1401-6.0