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EMTAR
2588 N. Mt. Juliet Rd.
Mt. Juliet, TN 37122

615-758-9851
615-773-1738 fax

General Instructions and Information for Filing or Replying to an Arbitration Request

Arbitration requests must be typewritten and submitted with a sufficient number of copies to enable the Board to provide one to each respondent plus one copy for the Board's records. Any reply must be typewritten and submitted with a sufficient number of copies to enable the Board to provide one to each complainant plus one copy for the Board's records. The complainant should furnish additional copies of the arbitration request and reply and respondent as requested by the Secretary. If the complainant is a member of the public, extra copies of the arbitration request should not be requested.

Arbitration request will be referred to the Board Secretary (or Executive Officer), and by the Secretary to the Chairperson of the Grievance Committee. If the Grievance Committee finds the matter to constitute a proper cause of action, it will be referred to the Board Secretary to arrange a hearing; if not found to constitute a proper cause of action, it will be returned to the complainant with the decision of the Grievance Committee's decision may be appealed to the Board of Directors.

If there is to be a hearing, respondent will have fifteen (15) days after service of copy of the arbitration request to reply. Copy of the reply will be sent to complainant, the Board President, and the Professional Standards Committee Chairperson. The date for hearing will be set and all parties will be notified of the date and place of hearing at least twenty-one (21) days in advance.

If no response is filed to the arbitration request within the time allotted, the Grievance Committee shall make its determination as to whether an arbitration hearing should be scheduled based upon the information set forth in the request. Complainant, the Board President, and the Professional Standards Committee Chairperson will be advised that no reply has been filed.

Legal counsel may represent all parties, provided that notice of intention to be represented is transmitted to all other parties and to the Hearing Panel at least fifteen (15) days prior to the hearing. Failure to provide timely notice may result in a continuance of the hearing.

It is the responsibility of each party to arrange for his witnesses to be present at the hearing.

Either party may file with the Secretary, within ten (10) days from the date the names of the members of the Professional Standards Committee are mailed to the parties, a written request for disqualification of any potential member of the Hearing Panel for any of the following reasons:
- Is related by blood or marriage to either complainant or respondent
- Is an employer, partner, or employee, or in any way associated in business with either complainant or respondent
- Is a party to the hearing, or a party or a witness in another pending case involving complainant or respondent (d) Knows any reasons acceptable to the Hearing Panel or tribunal, which may prevent him from rendering an impartial decision

The notice of hearing will contain names of members of the tribunal who will hear the case and should be accompanied by an "Outline of Procedure for Arbitration Hearing."

The parties shall not discuss the case with any member of the Hearing Panel or the Board of Directors at any time prior to announcement of a decision in the case.

No hearing will be held in the absence of a complainant. An arbitration hearing may (depending on state law and the option selected by the Board) proceed in the absence of the respondent.

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