[§672B-3]  Design claim conciliation
panels; composition, selection, compensation.  (a)  There are established
design claim conciliation panels that shall review and render findings and
advisory opinions on the issues of liability and damages in tort claims against
design professionals licensed to practice under chapter 464.



(b)  If all parties to a tort claim against a design
professional licensed to practice under chapter 464 agree, the design claim
conciliation panel shall not review and render findings and advisory opinions
on the issues of liability and damages in the tort claim against the design
professional licensed to practice under chapter 464.



(c)  A design claim conciliation panel shall be
formed for each claim filed pursuant to section 672B-5 and after each panel
renders its decision or the claim is otherwise disposed of, the panel shall be
disbanded.  Each design claim conciliation panel shall consist of one
chairperson selected from among persons who are familiar with and experienced
in the claims settlement process, one attorney licensed to practice in the
courts of the State and experienced in trial practice, and one design
professional licensed to practice under chapter 464.  The chairperson shall be
appointed by the director from a list of eligible persons approved by the chief
justice of the supreme court of Hawaii.  The attorney shall be appointed by the
chairperson from a list of not less than thirty-five attorneys experienced in
trial practice submitted annually by the supreme court.  The design
professional shall be appointed by the chairperson and shall be currently
licensed and in good standing under chapter 464.



(d)  The chairperson shall preside at the
meetings of the panel.  The chairperson, all panel members, and any consultant called
by the panel to appear before the panel shall be compensated at the rate of $300
per claim, which will become payable when the decision of the panel is
submitted.  At the discretion of the director, the chairperson, panel members,
and any consultant called by the panel to appear before the panel, may be
compensated at one-half the amount of compensation specified in this section,
if the claim is disposed of by any means prior to the hearing by the panel.  The
chairperson, all panel members, and any consultant called by the panel to
appear before the panel also shall be paid allowances for travel and living
expenses that may be incurred as a result of the performance of their duties on
or for the panel.  These costs shall be paid by the department of commerce and
consumer affairs from the filing fees paid by the parties.



(e)  The claimant shall pay a filing fee of
$450 to the department upon the filing of the claim and the failure to do so shall
result in the claim being rejected for filing.  Each party to the claim shall
pay a filing fee of $450 to the department within twenty days of being served
with the claim.  Each party to a claim shall be assessed a non-refundable
processing fee by the department in the amount of $50.  The non-refundable
processing fee shall be retained from each party's filing fee, and shall be
used to defray the administrative costs of the design claim conciliation panel
program.



(f)  After the panel has made a final decision
on a claim, or after a final disposition of the claim has been made without a
hearing before the panel, the department shall return any moneys remaining
after all panel costs have been paid, to the respective parties on a pro rata
basis.



(g)  The office and meeting space, secretarial
and clerical assistance, office equipment, and office supplies for the panel
shall be furnished by the department.  The chairperson may designate any alternative
meeting place or site for the hearing.



(h)  The board of professional engineers,
architects, surveyors, and landscape architects shall each prepare a list of
design professionals along with their respective specialties.  These design
professionals shall be eligible to serve as consultants to the panel in their
respective fields.  Panel members may consult with other legal, design, and
insurance specialists. [L 2007, c 207, pt of §2]