(a)* The matter shall be assigned to a hearing panel composed of one (1) member if the amount in dispute is $2,500 or less and to a three-member panel for amounts in dispute over $2,500. *(Section (a) amended 2-13-92 - effective 7-1-92; and amended 6-10-98 - effective 7-1-98)
(b) The chairman of the panel, or the single arbitrator, assigned, as the case may be, shall fix a time and place for the hearing and shall cause written notice thereof to be served personally or by registered or certified mail on the parties to the arbitration, on the other panel members and the Idaho State Bar not less than seven (7) days before the hearing. A party's appearance at a scheduled hearing shall constitute a waiver on his or her part of any deficiency in respect to the giving of notice of the hearing.(c) The single arbitrator or panel assigned shall hold a hearing within thirty (30) days after the receipt of the assignment, and shall render their award within fifteen (15) days after the close of the hearing. The award of the panel shall be made by a majority of the panel where heard by three members, or by the one (1) member of the panel who was designated as sole arbitrator, as provided herein.(d) All parties shall have an absolute right to attend all hearings. The exclusion of other persons or witnesses waiting to be heard shall rest in the discretion of the arbitrators.(e)* The parties to the arbitration are entitled to be heard, to present evidence and to cross-examine witnesses appearing at the hearing. Any party to an arbitration has the right to be represented by an attorney at the hearing or at any stage of the arbitration. Any party may also have a hearing before a panel reported by a certified shorthand reporter, at his or her expense, by written request presented to the Idaho State Bar at least three (3) days prior to the date of the hearing. In the event of such request, any other party to the arbitration shall be entitled to acquire, at his or her own expense, a copy of the reporter's transcript of the testimony by arrangements made directly with the reporter. When no party to the arbitration requests that the hearing be reported, and the panel or sole arbitrator deems it necessary to have a hearing reported, the panel or sole arbitrator may employ a certified shorthand reporter for such purpose if authorized to do so by the Idaho State Bar. The written notice of the hearing sent to the parties shall advise them of these rights. *(Section (e) amended 2-13-92 - Effective 7-1-92 and amended 3-17-05 - Effective 7-1-05)
(f) Any or all portions of the fee arbitration hearing may be held by teleconference, in the discretion of the panel chairman.(g) The arbitrators may request opening statements and may prescribe the order of proof. In any event, all parties shall be afforded full and equal opportunity for the presentation of any material evidence.(h) The testimony of witnesses shall be given under oath or affirmation. Where so requested, the chairman of the panel shall administer oaths to witnesses testifying at the hearing.(i)* If either party to an arbitration, who has been duly notified, fails to appear at the hearing, the panel may hear and determine the controversy upon the evidence produced, not withstanding such failure to appear, and enter a decision. *(Section (i) amended 2-13-92 - Effective 7-1-92)
(j) If all the parties to a controversy so agree, they may waive oral hearings and may submit their dispute in writing by providing the panel or sole arbitrator verified statements of position, together with exhibits, upon which a determination of the controversy may be rendered. However, the arbitrators may nevertheless, if they deem it desirable, require oral testimony of any party or witness, after due notice to all parties.(k) Adjourned dates for the continuation of any hearings which cannot be completed on the first day shall be fixed for such times and places as the arbitrators may select with due regard to the circumstances of all the parties and the desirability of a speedy determination. Upon request of a party to the arbitration for good cause, or upon its own determination, the panel may postpone the hearing from time to time.(l)* If any member of a three (3) member panel dies or becomes unable to continue to act after the taking of testimony has begun, and before a decision has been made, the proceedings to that point shall be declared null and void and the matter assigned to a new panel for rehearing unless the parties, with the consent of the panel chairman, consent to proceed with the hearing with the remaining members of the panel.(m)* Before closing the hearing, the arbitrators shall specifically inquire of all participating parties whether they have further evidence to submit in whatever form. If the answer is negative, the hearing shall be closed and a motion to that effect made by the arbitrators as well as the date for submission of memoranda or briefs, if requested by the arbitrators.(n)* The hearing may be reopened by the arbitrators on their own motion or on application of a party at any time before the decision is signed and filed. *(Sections (l), (m) and (n) amended 2-13-92 - effective 7-1-92)
(o) In the event of the death or incompetency of a party to the arbitration proceeding, prior to the close of the hearing, the proceeding shall be abated without prejudice to either party to proceed in a court of proper jurisdiction to seek such relief as may be warranted. In the event of death or incompetency of a party after the close of the hearing but prior to a decision, the decision rendered shall be binding upon the heirs, administrators or executors of the deceased and on the estate or guardian of the incompetent.Rule 704 amended 3/15/1991; Sections (i), (l), (m) and (n) amended 2/13/1992; effective 7/1/1992; Section (a) amended 2/13/1992; effective 7/1/1992; and amended 6/10/1998; effective 7/1/1998; Section (e) amended 2/13/1992; Effective 7/1/1992; and amended 3/17/2005; Effective 7/1/2005.