Section 17-2015-14 - Selection and designation of an arbitrator and execution of contract(a) The corporation may appoint an arbitrator from the corporation's staff or may appoint a designee from the private sector to arbitrate the renegotiation of lease rent terms.(b) The corporation shall establish a master list of all persons responding to solicitations for qualification statements who meet the requirements for an arbitrator, as set forth in subsection (c) to arbitrate renegotiation of lease rent cases. Additionally, the corporation shall update its master list of qualified arbitrators each year or at any other time deemed necessary by the corporation.(c) The requirements for a person to act as an arbitrator to arbitrate renegotiation of lease rent cases shall be as follows: (1) A real estate appraiser who is certified by the State of Hawaii, with a minimum of three years of experience; and(2) At least one of the following: (A) Successful completion of training in arbitration rules and procedures (conducted or sanctioned by the American Arbitration Association;(B) Admission to the panel of the American Arbitration Association; or(C) Performance as an arbitrator in rendering a decision in at least three real property arbitration cases; or(3) A person mutually selected by both parties.(d) If the corporation decides to designate an arbitrator from the private sector, the corporation shall furnish each party with an identical list of up to seven qualified arbitrators from the corporation's master list of qualified arbitrators, and each party shall have the right to peremptorily cross off one name. Each party shall then rank the remaining names on the list in the order of preference and shall return the list to the corporation within ten days from the date of the referral for further consideration. The corporation shall assume that each party concurs in the selection of any named arbitrator remaining on their respective lists.(e) The corporation shall review both lists to determine if there is a mutual choice by preference of the proposed arbitrators remaining on the lists. If there is a named arbitrator of mutual choice, that arbitrator shall be selected and appointed by the administrator. _(f) If for some reason, the preferred, mutual choice arbitrator is unable to accept the appointment, the corporation shall select and appoint the next mutually ranked arbitrator by preference. If there is no other mutually ranked choice by preference, the corporation shall make a selection and appointment from the remaining names on the list provided to the parties, and if for any reason an appointment cannot be made from those arbitrators remaining on the list provided to the parties, the corporation may appoint an arbitrator without the referral of an additional list of arbitrators to either party.(g) Within ten calendar days after the selection and appointment of an arbitrator by the administrator, the corporation shall: (1) Notify each party and arbitrator; and(2) Request a written disclosure statement from the selected arbitrator.(h) If, after review of the arbitrator's disclosure statement, the parties have no objections to the selection based on the disclosure statement, the corporation shall prepare and forward the arbitration services contract to each party and the arbitrator for execution. Haw. Code R. § 17-2015-14
[Eff NOV 15 2004] (Auth: HRS § 201G-4) (Imp: HRS §§ 519-2, 519-3)