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Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 435

previous next Effective - 28 Aug 1986bottom

  435.012.  Notice, contents of, effect of insufficient notice. — 1.  In order to insure that all parties to an arbitration proceeding are aware of their rights under the provisions of sections 435.350 to 435.470, the notification served upon the parties by the arbitrator pursuant to subdivision (1) of section 435.370 shall contain a clear and concise statement of the issue subject to arbitration, if such has been agreed upon, and a statement advising the parties of their rights under sections 435.350 to 435.470 including, but not limited to:

  (1)  The right to be represented by an attorney;

  (2)  The right to seek subpoenas for the attendance of witnesses and subpoenas duces tecum;

  (3)  The right to be heard, to present evidence and cross-examine witnesses;

  (4)  The right to adjournment for good cause.

  2.  The notification shall include a brief statement detailing the name, experience and educational background of each neutral arbitrator.

  3.  Failure of the arbitrator, agent or sponsoring organization to provide notification as required by subsections 1 and 2 of this section shall be grounds for continuing the arbitration hearing for a period of at least ten days.

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(L. 1986 H.B. 887 § 1)


---- end of effective   28 Aug 1986 ----

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