| | |
Superior Court without the necessity of a complaint having first | | been filed. |
|
| | | Sec. 3. 24 MRSA §2853, sub-§7, as amended by PL 1991, c. 505, §4, is | | further amended to read: |
|
| | | 7. Extensions of time. All requests for extension of time | | under this subchapter must be made to the panel chair. The chair | | may extend any time period under this subchapter for good cause, | | except that the chair may not extend any time period that would | result in the hearing being held more than one year 6 months from | | the filing of notice of claim upon the clerk unless good cause is | | shown. |
|
| | | Sec. 4. 24 MRSA §2854, as amended by PL 1989, c. 361, §§7 and 10, | | is repealed and the following enacted in its place: |
|
| | | §2854.__Hearing or presentation |
|
| | | 1.__Procedure.__The claimant or a representative of the | | claimant shall present the case before the panel.__The person | | accused of professional negligence or that person's | | representative shall make a responding presentation.__The chair | | shall determine whether the presentations are to be made in | | writing or orally in a hearing before the panel.__The procedures | | are as follows. |
|
| | | A.__When a hearing is held, the proceedings are informal and | | the Maine Rules of Evidence do not apply. |
|
| | | B.__The chair may not permit discovery or perpetuation of | | testimony in the proceedings other than depositions of the | | parties, except upon special order of the chair for good | | cause shown demonstrating extraordinary circumstances. |
|
| | | C.__The chair shall make all procedural rulings, and the | | rulings are final. |
|
| | | D.__A tape recorded record must be maintained by the panel.__ | | Except as provided in section 2857, the record may not be | | made public and the hearings may not be public without the | | consent of all parties. |
|
| | | E.__A party does not have the right to cross-examine or | | rebut or to demand that the customary formalities of civil | | trials and court proceedings be followed. |
|
| | | F.__Evidence must be admitted if it is the kind of evidence upon | | which reasonable persons are accustomed to rely in the conduct of | | serious affairs.__The panel shall make its |
|
|