[§672B-7]  Design claim conciliation panel
hearing; fact-finding; evidence; voluntary settlement.  (a)  Every
claim of a tort against a design professional shall be heard by the design
claim conciliation panel within thirty days after the last date for filing a
response.  No persons other than the panel, witnesses, and consultants called
by the panel, and the persons listed in section 672B-8 shall be present except
with the permission of the chairperson.  The panel, in its discretion, may
conduct an inquiry of a party, witness, or consultant without the presence of
any or all parties.



(b)  The hearing shall be informal.  Chapters
91 and 92 shall not apply.  The panel may require a stenographic record of all
or part of its proceedings for the use of the panel, but the record shall not
be made available to the parties.  The panel may receive any oral or
documentary evidence.  Questioning of parties, witnesses, and consultants may
be conducted by the panel, and the panel, in its discretion, may permit any
party, or any counsel for a party to question other parties, witnesses, or
consultants.  The panel may designate who, among the parties, shall have the
burden of going forward with the evidence with respect to the issues as it may
consider, and unless otherwise designated by the panel, the burden shall
initially rest with the claimant at the commencement of the hearing.



(c)  The panel may require by subpoena the
appearance and testimony of witnesses and the production of documentary evidence.
 When subpoena power is utilized, notice shall be given to all parties.  The
testimony of witnesses may be taken either orally before the panel or by
deposition.  In cases of refusal to obey a subpoena issued by the panel, the
panel may invoke the aid of any circuit court in the State, which may issue an
order requiring compliance with the subpoena.  Failure to obey the order may be
punished by the court as a contempt thereof.  Any member of the panel, the
director, or any person designated by the director may sign subpoenas.  Any
member of the panel may administer oaths and affirmations, examine witnesses,
and receive evidence.  Notwithstanding these powers, the panel shall attempt to
secure the voluntary appearance, testimony, and cooperation of parties,
witnesses, and consultants without coercion.



(d)  At the hearing of the panel and in
arriving at its opinion the panel shall consider, but not be limited to,
statements or testimony of witnesses, project records, and other records kept
in the usual course of the practice of the design professional without the
necessity for other identification or authentication, statement of fact, or
opinion on a subject contained in a published treatise, periodical, book, or
pamphlet, or statements of experts without the necessity of the experts
appearing at the hearing.  The panel, upon the application of any party or upon
its own decision, may appoint as a consultant, an impartial and qualified
design professional, or other professional person or expert to testify before
the panel or to conduct any necessary professional or expert examination of the
claimant or relevant evidentiary matter and to report to or testify as a
witness thereto.  Such a consultant shall not be compensated or reimbursed
except for travel and living expenses to be paid as provided in section 672B-3.
 Except for the production of records kept in the usual course of the practice
of the design professional, discovery by the parties shall not be allowed.



During the hearing and at any time prior to the
rendition of an advisory decision pursuant to section 672B-9, the panel may
encourage the parties to settle or otherwise dispose of the case voluntarily.
[L 2007, c 207, pt of §2]