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RULE 14-1.1 JURISDICTION
The Supreme Court of Georgia has the inherent authority to regulate the practice of law., State , 246 Ga. 90, cert. denied, 449 U.S. 904 (1980)., This authority necessarily includes jurisdiction over the unlicensed practice of law.
Rule 10-108. Right to Payment and Right of Appeal.
Any amount paid to a claimant by the Fund may be appealed to the Board by the claimant., The claimant may request reconsideration within 30 days of notice of the denial or determination of the, amount of a claim., If the claimant fails to make a request or the request is denied, the decision of the Board is final,, and there is no further right of reconsideration or appeal., Right to Payment and Right of Appeal.
Rule 7-301. Outsourcing of Clinical Services.
In carrying out its duties, the Committee, subject to the approval of the Executive Committee, is authorized, to outsource the clinical portion(s) of the LAP to private sector health care providers., Outsourcing of Clinical Services.
Rule 6-423. Interpretation and Application of Rules.
If the arbitrators on a panel disagree as to the interpretation or application of any rule relating to, the arbitrators’ powers and duties, such dispute shall be decided by a majority vote of the arbitrators, If the dispute cannot be resolved in that manner, an arbitrator or a party may refer the question to, the Committee for its determination., The Committee’s decision on the interpretation or application of these rules shall be final., Interpretation and Application of Rules.
Rule 6-419. Form of Award.
The award shall be in writing and shall be signed by the arbitrators or by a concurring majority., The parties shall advise the arbitrators in writing prior to the close of the hearing if they request, the arbitrators to accompany the award with an opinion., Form of Award.
Rule 6-416. Waiver of Oral Hearings.
The parties may provide by written agreement for the waiver of oral hearings., Waiver of Oral Hearings.
Rule 6-414. Reopening of Hearings.
Upon the motion of the arbitrators or of a party, an arbitration may be reopened for good cause shown, However, if the reopening of the hearing would prevent the award from being rendered within the time, provided by these rules, the matter may not be reopened unless both parties agree upon the extension, of such time limit., Reopening of Hearings.
Rule 6-413. Closing of Hearings.
Prior to the closing of an arbitration hearing, the arbitrators shall inquire of all parties whether, they have any further evidence to offer or additional witnesses to be heard., If no further evidence is to be presented by either party, the arbitrators shall declare the hearing, closed and make a record of that fact., Closing of Hearings.
Rule 6-409. Order of Proceedings.
The hearing shall be opened by the filing of the oath of the arbitrators., Next, the panel shall record the place, time, and date of the hearing, the names of the arbitrators,, The normal order of proceedings shall be the same as at a trial, with the petitioner’s claim being presented, However, the arbitrators shall have the discretion to vary the normal order of proceedings., The petitioner shall have the burden of proof by a preponderance of the evidence., Order of Proceedings.
Rule 6-405. Death, Disability, or Resignation of Arbitrator.
an arbitrator dies, resigns, or becomes unable to continue to act while an arbitration is pending, the, remaining two arbitrators shall not proceed with the arbitration., The Committee or its designee shall determine the course of further proceedings and may appoint a substitute, or replacement arbitrator or, by agreement of the parties, may proceed with one arbitrator., Death, Disability, or Resignation of Arbitrator.
Rule 6-402. Time and Place of Arbitration Hearing.
Upon their appointment by the Committee, the arbitrators shall elect a chair and then shall fix a time, and place for the arbitration hearing. , To the extent feasible, the hearing shall be held no more than 60 days after the appointment of the last, At least ten calendar days prior to the hearing, the Committee shall mail notices of the time and place, of the hearing to each party by first class mail, addressed to each party’s last known address., Time and Place of Arbitration Hearing.
Rule 6-305. Powers and Duties of Arbitration Panel.
The panel of arbitrators shall have the following powers and duties: (a) To compel by subpoena the attendance, of witnesses and the production of documents and things; (b) To decide the extent and method of any, discovery; (c) To administer oaths and affirmations; (d) To take and hear evidence pertaining to the, proceeding; (e) To rule on the admissibility of evidence; (f) To interpret and apply these rules insofar, as they relate to the arbitrators’ powers and duties; and (g) To perform all acts necessary to, Powers and Duties of Arbitration Panel.
Rule 6-303. Selection of Arbitrators.
The arbitration panel shall be selected by the Committee or its staff., Except as provided below, the arbitration panel shall consist of two lawyer members who have practiced, Petitioner and respondent by mutual agreement shall have the right to select the three arbitrators., them, provided any such sole arbitrator shall be one of the persons on the roster of arbitrators or shall, have been approved in advance by the Committee upon the joint request of petitioner and respondent., Selection of Arbitrators.
Rule 6-302. Neutrality of Arbitrators.
an objective and impartial determination of the proceeding, the arbitrator must disclose that potential, If the arbitrator becomes aware of the potential conflict prior to the hearing, the disclosure shall, be made to the Committee, which shall forward the disclosure to the parties., If the potential conflict becomes apparent during the hearing, the disclosure shall be made directly, disqualified, and the arbitrator does not voluntarily withdraw, the party shall promptly notify the, Neutrality of Arbitrators.
Rule 6-205. Termination or Suspension of Proceedings.
The Committee may suspend or terminate arbitration proceedings or may decline or terminate jurisdiction, if the client, in addition to pursuing arbitration of a fee dispute under these rules, asserts a claim, against the lawyer in any court arising out of the same set of circumstances, including any claim of, Any claim or evidence of professional misconduct within the meaning of the Georgia Code of Professional, Responsibility may be reported by the arbitrators or the Committee to the Office of the General Counsel, Termination or Suspension of Proceedings.
Rule 6-203. Answer.
Staff, in its discretion, may grant appropriate extensions of time for the filing of an answer., shall contain the following elements: (a) If the respondent is the client and/or payer, a statement, as to whether the respondent agrees to be bound by the result of the arbitration; (b) The respondent, ’s statement of facts., intends to assert; (d) The date of the answer; and (e) Each respondent’s signature.
Rule 6-202. Service of Petition.
the petition, along with a Fee Arbitration Answer Form and an acknowledgment of service form, upon the, A signed acknowledgment of service form or a written answer from the respondent or respondent’s counsel, shall constitute conclusive proof of service and shall eliminate the need to utilize any other form, In the absence of an acknowledgment of service or a written response from the respondent or respondent's, If service is not accomplished, the Committee shall not accept jurisdiction of the case. , Service of Petition.
Rule 6-201. Petition.
A request for arbitration of a fee dispute is initiated by the filing of a petition with the Committee, contain the following elements: (a) A statement of the nature of the dispute and the petitioner’s statement, addresses of the client(s) and the lawyer(s); (c) A statement as to whether or not the petitioner has, made a good faith effort to resolve the dispute; (d) A statement that by filing the petition, the petitioner, has agreed to be bound by the result of the arbitration; (e) The date of the petition; and (f)
Rule 4-225. Jurisdiction
The State Disciplinary Board and any person who is connected with disciplinary proceedings in any way, shall not be subject to the jurisdiction of any court other than the Supreme Court with respect thereto
Rule 4-211.1 Dismissal after Formal Complaint
At any time after the State Disciplinary Board finds Probable Cause, the Office of the General Counsel, may dismiss the proceeding with the consent of the Chair or Vice-Chair of the State Disciplinary Board, or with the consent of any three members of the State Disciplinary Board.