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417.090 Hearing.
Unless otherwise provided by the agreement:
(1) The arbitrators shall appoint a time and place for the hearing and cause notification
to the parties to be served personally or by certified mail not less than five (5) days
before the hearing. Appearance at the hearing waives such notice. The arbitrators
may adjourn the hearing from time to time as necessary and, on request of a party
and for good cause, or upon their own motion may postpone the hearing to a time
not later than the date fixed by the agreement for making the award, unless the
parties consent to a later date. The arbitrators may hear and determine the
controversy upon the evidence produced notwithstanding the failure of a party duly
notified to appear. The court on application may direct the arbitrators to proceed
promptly with the hearing and determination of the controversy.
(2) The parties are entitled to be heard, to present evidence material to the controversy
and to cross-examine witnesses appearing at the hearing.
(3) The hearing shall be conducted by all the arbitrators but a majority may determine
any question and render a final award. If, during the course of the hearing, an
arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators
appointed to act as neutrals may continue with the hearing and determination of the
controversy.
Effective: July 13, 1984
History: Created 1984 Ky. Acts ch. 278, sec. 5, effective July 13, 1984.
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