(c) Notice and hearing.--If an arbitrator orders a hearing,
the arbitrator shall set a time and place and give notice of the
hearing not less than five days before the hearing begins.
Unless a party to the arbitration proceeding makes an objection
to lack or insufficiency of notice not later than the beginning
of the hearing, the party's appearance at the hearing waives the
objection. Upon request of a party to the arbitration proceeding
and for good cause shown, or upon the arbitrator's own
initiative, the arbitrator may adjourn the hearing as necessary
but may not postpone the hearing to a time later than that fixed
by the agreement to arbitrate for making the award unless the
parties to the arbitration proceeding consent to a later date.
The arbitrator may hear and decide the controversy upon the
evidence produced although a party who was notified of the
arbitration proceeding did not appear. The court, on request,
may direct the arbitrator to conduct the hearing promptly and
render a timely decision.
(d) Procedure.--At a hearing under subsection (c), a party
to the arbitration proceeding has a right to be heard, to
present evidence material to the controversy and to cross-
examine witnesses appearing at the hearing.
(e) Replacement.--If an arbitrator ceases or is unable to
act during the arbitration proceeding, a replacement arbitrator
must be appointed in accordance with section 7321.12 (relating
to appointment of arbitrator; service as a neutral arbitrator)
to continue the proceeding and to resolve the controversy.
(f) Location for arbitration hearing for consumer
transactions.--A hearing conducted under an arbitration
agreement applicable to a consumer transaction shall be held at
a location reasonably convenient to the consumer.
§ 7321.17. Representation by attorney.
A party to an arbitration proceeding may be represented by an
attorney.
§ 7321.18. Witnesses; subpoenas; depositions; discovery.
(a) Subpoenas.--An arbitrator may issue a subpoena for the
attendance of a witness and for the production of records and
other evidence at a hearing and may administer oaths. A subpoena
must be served in the manner for service of subpoenas in a civil
action and, upon motion to the court by a party to the
arbitration proceeding or the arbitrator, may be enforced in the
manner for enforcement of subpoenas in a civil action.
(b) Depositions.--In order to make the proceedings fair,
expeditious and cost effective, upon request of a party to or a
witness in an arbitration proceeding, an arbitrator may permit a
deposition of a witness to be taken for use as evidence at the
hearing, including a witness who cannot be subpoenaed for or is
unable to attend a hearing. The arbitrator shall determine the
conditions under which the deposition is taken.
(c) Discovery.--An arbitrator may permit discovery as the
arbitrator decides is appropriate in the circumstances, taking
into account the needs of the parties to the arbitration
2018/90VDL/HB1644A07877 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51