DISQUALIFICATION AND REMOVAL OF PROPOSED PANEL

MEMBERS (a) Required Disqualification of Proposed Panel Member. A proposed Panel member must be disqualified from consideration of a case in which, by virtue of the member’s circumstances, the member believes that serving on the Panel would be inappropriate, considering the purpose of the Panel. (b) Method for Excusing of Proposed Panel Member. The Director may excuse a proposed Panel member from serving on the Panel upon receipt by the office of the Director of a request from the Panel member to be excused from the Panel. Requests to be excused from the Panel may be submitted to the office of the Director by U.S. mail or electronically. (c) Method for Disqualification of Proposed Panel Members by Party. A party may request that a proposed Panel member be disqualified from the Panel as follows: (1) A party requesting that a proposed Panel member be disqualified shall make and file an affidavit that a proposed Panel member cannot, according to the belief of the party making the affidavit, sit in review of the Application with impartiality. (2) If the Director receives an affidavit from a party asserting that a proposed Panel member cannot sit in review of the Application with impartiality, that proposed Panel member may continue no further as a Panel member, and the Director shall disqualify the proposed Panel member. (3) A party may not request to disqualify more than three (3) proposed Panel members in this manner in any single malpractice claim. The affidavit required by subsection (c)(1) of this Rule 11 must be filed with the office of the Director, by U.S. mail or electronically, within fifteen (15) days of the date that the names of the proposed Panel members selected were sent to the Parties by the office of the Director, or the Director may deny the request. 13 However, if the party is requesting to disqualify a proposed panel member appearing on an additional list of proposed Panel members sent to parties pursuant to subsection (d) (2) of this Rule 11, the affidavit required by subsection (c)(1) of this Rule 11 must be filed with the office of the Director, by U. S. mail or electronically, within five (5) days of the date the additional list of proposed Panel members was received by the party. (d) Method for Selecting Proposed Panel Members After Disqualification or Removal. (1) Once a proposed Panel member is disqualified or excused, another proposed Panel member shall be selected by the Director. (2) If a category or categories of original proposed Panel members is exhausted, the Director shall distribute an additional list of proposed Panel members and proceed in the same manner as defined in Rule 10 and this Rule 11.