In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09, Annotated Code of Maryland, as amended from time to time. “Arbitration panel” means the arbitrators selected in accordance with the Act and these regulations to determine a health care malpractice claim. “Attorney” means a member of the Maryland Bar. “Award” means a final decision under the Act, whether in favor of the claimant or defendant. “Certificate of merit” means the formal verification by a qualified expert of a medically meritorious claim or defense to a claim. “Chairman” means the attorney member of the arbitration panel. County. “County” means all counties in the State. “County” includes Baltimore City. “Court” means a circuit court for a county. “Director” means the Director of the Health Care Alternative Dispute Resolution Office. “Health care provider” has the meaning stated in Courts and Judicial Proceedings Article, §3-2A-01(e), Annotated Code of Maryland. “Party” includes the counsel of record for a party. “Prehearing conference” means the conference that the chairman has with all parties at least 60 days before a hearing date. Except as expressly provided otherwise in the Act and these regulations, the Maryland Rules of Procedure govern all proceedings under the Act. Format of Claims. Each claim made under the Act shall be filed with the Director on the claim form that the Director shall provide, including any narrative attachments. Each claim is to be accompanied by a personal information certification that includes the claimant's: Name; Home address; Home and work telephone numbers; Date of birth; Social Security number; and Driver's license number. A claim may not be processed further without the personal information certification required under §A(2) of this regulation. All appropriate allegations and exhibit references that indicate the basis of the claim should be attached to the claim form and referenced in the attachments. A claim specifies the counties in which a court will have venue under Courts and Judicial Proceedings Article, Title 6, Subtitle 2, Annotated Code of Maryland, and an election by the claimant as to which of the counties is to have venue over the claim. A dual election is not permissible. A claim may state the one or more particular recognized specialities within which the controversy lies. A claim shall specify that the damages claimed are in excess of the jurisdictional limit of the Maryland District Court. A claim for a lesser amount is not within the jurisdiction of the Act. Certificate of Merit. A claim or a defense is substantiated by the filing of a certificate of merit within the time provided and as more fully described by Courts and Judicial Proceedings Article, §3-2A-04(b)(1) and (2), Annotated Code of Maryland. A copy of the certificate of merit shall be served on each opposing party at the same time it is filed with the Director. A claim may be amended to name additional defendants at any time before the completion of a panel selection, or within 10 days after the prehearing conference, whichever is later. Advance Costs. Each new claim or counter claim shall be accompanied by a filing fee of $40. Each defendant's answer shall be accompanied by a filing fee of $25. Initial Filing of a Claim. A docket number is assigned to each claim when a new claim is filed. Subject to strike-period restrictions, a claim becomes a public record open during business hours for inspection. Upon receipt of a claim, the chairman of an arbitration panel promptly shall forward to the Director any information and copies of correspondence and pleadings concerning the status of the claim, so that the Director's records are current. All original pleadings are filed with the Director except for orders which are to be signed by the chairman. Any portion of the claim docket that contains one party's strikes in any given category is removed from public availability until the striking process has been completed in each category. Each claim or third-party claim is to be accompanied by a filing fee of $40. The Director shall cause service of a copy of all claims and third-party claims to be made on each health care provider named. The sheriff's office shall make service in the jurisdiction where a defendant is located, or service may be made by any other method permitted by the Maryland Rules of Procedure. The sheriff or private process server shall file with the Director an affidavit of service by the appropriate return day and show upon whom service was made and the date and place where service was effected. All other pleadings and papers shall be filed with the Director and copies served on the chairman and the parties according to Rule 1-321 of the Maryland Rules of Procedure. All papers will contain the claim number assigned to the case upon the initial filing of the claim. Each health care provider served with a claim shall file with the Director a response to the claim and any third-party claim within the time specified in the Maryland Rules of Procedure, with copies to all interested parties, including the chairman. A filing fee of $25 is to accompany an initial response or other pleading. The entry of subsequent counsel or other pleadings is without charge. A response may state that the controversy falls within one or more particular recognized specialties. A third-party claim shall be filed with the Director within 30 days of the response unless a later filing is agreed to by the parties or is allowed by the chairman or the Director. Unless the defendant does not dispute liability, a certificate of a qualified expert and a report of the attesting expert shall be filed with the Director within 120 days from the date the claimant filed and served each defendant with a copy of claimant's certificate. Record of Panel Candidates. The Director shall compile and keep a current record of arbitration panel candidates. The Director may not submit to the parties any candidate's name whose biographical statement is more than 2 years old. The Director's records are divided into the following three categories: Members of the general public who are not attorneys, health care providers, or agents or employees of an insurance company or society; Attorneys who have been in the practice of law in the State for 3 years or more; Health care providers, subdivided, if practicable, by recognized health care specialties. If feasible, each category of the Director's records or lists is to be divided into geographical areas based on the county in which the candidate resides or is willing to serve. The Director shall compile a separate list of attorneys who are qualified and willing to serve as single arbitrators. Preparation of Candidate Lists. Within 20 days after the time for filing a response the Director shall prepare an initial list of attorney panel candidates that contains the names of six individuals. These candidates shall be selected randomly from individuals residing, when possible, in counties in which a court would have venue under Courts and Judicial Proceedings Article, Title 6, Subtitle 2, Annotated Code of Maryland. If there are not a sufficient number of names from that county in which venue lies to permit random selection, the names shall be selected from neighboring counties, or from other individuals who are willing to serve where venue lies. The health care provider and public member lists are selected in similar fashion, except that the list of health care providers, if practicable, includes one or more health care providers from any specialty designated by any party to the action. The Director shall contact every individual on each initial list to determine the following: If the individual is available to serve on the panel; If the individual has any personal or economic relationship with any counsel or party to the claim for which this list is being prepared; and If there is any open medical malpractice case in which the individual is a party. The name of an individual who is disqualified from serving will be removed from the list and will be replaced with the name of another individual randomly selected from the appropriate category and qualified according to §B(3) of this regulation. If a panel candidate knowingly fails to disclose a relationship with a party, the Director shall remove the name of the candidate from the records and, in the case of an attorney or health care provider, shall report the circumstances to the disciplinary unit of the appropriate licensing agency whenever the Director considers it appropriate. Delivery of List to Parties. Within 20 days after the time for filing a response, the Director shall deliver to each party identical lists of chairman candidates from the attorney category, prepared by the Director pursuant to §B of this regulation, including a brief biographical statement on each chairman candidate, and a copy of Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-07, Annotated Code of Maryland. The Director shall deliver to each party identical lists of panel candidates from the general public and health care provider categories prepared by the Director not later than 20 days pursuant to §B of this regulation including a brief biographical statement on each panel candidate. Party Selection of Candidates. In this regulation, “party” means, with respect to multiple claimants or multiple health care providers, all claimants, acting jointly, or all defendant health care providers, acting jointly, as the case may be. Within 15 days after delivery of the list of panel candidates to a party, the party may object in writing, stating the reason for objection to inclusion of a panel candidate. If a prospective health care provider panelist is the same individual as either party intends to use as a witness in the case, that fact shall be disclosed within the 15-day period or the witness may not be used at the hearing. If the panel candidate is removed from the list a replacement may be made with the name of another individual selected according to §B of this regulation. Within 30 days, or in a lesser period of time if so ordered by the chairman in conjunction with the Director upon a motion of a party, after delivery of the initial or replacement list, the parties shall return to the Director a copy of the list from which the names of not more than two panel candidates from each category may have been stricken. The parties, at any time before the beginning of the hearing, may submit to the Director a written agreement selecting a single arbitrator or an agreed upon arbitrator in any category. The Director shall make the strikes for a party on failure of the party to return a list, and for multiple claimants or defendant health care providers on notice that parties cannot agree on strikes in a particular category. Notice of Appointment. Within 10 days after party selections of the panel candidates are received, the Director shall compare the lists, including those returned to the Director and those from which the Director has made strikes, and shall select the first mutually agreeable individual in each category. The Director shall notify each panel candidate selected by mailing a consent and agreement form to the candidate. Within 5 days after receiving the notice, the panel candidate shall sign and return to the Director the consent and agreement form. After a panel candidate files a written acceptance to serve, a candidate may not refuse to serve without filing with the Director a written statement of good cause showing that serving as an arbitrator would constitute an unreasonable burden or undue hardship. The Director may remove a panel member for good cause shown at least 15 days after giving notice of and reason for this intention. The panel member may submit a written statement of why there should not be such a removal and the Director shall consider any statement submitted by the panel member. Vacancies. If a vacancy occurs in the chairman's position on an arbitration panel that has not begun hearings on the claim, the vacancy will be filled by a substitute panelist. The Director shall select as the substitute the next mutually agreeable individual from the list of attorney candidates. A party may withdraw a previously made strike so as to facilitate the Director's appointment of a substitute. Otherwise, the parties may agree upon any qualified individual, or a new list is made and delivered to all parties. If a vacancy occurs on an arbitration panel that has begun or completed hearings on the claim, but has not made an award, the claim is heard by a new arbitration panel, unless each party agrees in writing to the remaining panelists making the award or to a substitute panelist being selected by the Director. Otherwise a new list is delivered to all parties for striking of names. The Director shall keep three categorized lists of alternate arbitrators consisting of individuals who have served on not less than three cases and have rendered at least one award in favor of a claimant and one in favor of a defendant or, in the case of a health care provider, one who has served on at least one case in which there has been an award in favor of a claimant in which the health care provider concurred. Contact with Panel Candidates and Members. Except as provided in §G(2) of this regulation, a party or counsel may not communicate directly with an arbitration panel candidate or member concerning the claim. A party or counsel shall communicate with a member of the arbitration panel only by either of the following means: Written communication submitted to the chairman of the panel and served on the other parties or their counsel and on the Director; or Oral communication with the panel member in the presence of the other parties or their counsel. An individual aware of any communication with a panel candidate or member in violation of §G(1) or (2) of this regulation immediately shall notify the Director. If, after investigation, the Director determines that the communication has prejudiced a hearing, the Director shall require selection of a new arbitration panel or a new panel member, if the parties do not agree to continue without the affected panelist. Conflict of Interest. Before the conclusion of all aspects of the controversy, a panel member may not enter into a contract or other agreement that can form the basis for any partiality with any counsel, claimant, or health care provider involved in the claim. Issues. The chairman shall decide all issues of law. The panel, in its entirety, shall decide all issues of fact. Duties of the Chairman. The chairman shall: Decide all prehearing procedures including issues relating to discovery; Contact all parties within 2 months of appointment to determine a schedule for completion of discovery and a tentative hearing date, in accordance with Regulations .09C and .11A(1) of this chapter, and issue a scheduling order to all parties and the Director; Keep all parties, the panel, the court reporter, and the Director informed of the selected hearing date, postponements, or cancellations, and adjust the schedule as necessary to accommodate the panel; and Invoke, when necessary, the authority, powers, and directions as would be exercised normally by a circuit court judge in order to preserve the orderly progress of the case, except for contempt citations. Majority of Panel. An arbitration panel shall exercise its authority by a majority. The Director, if admitted to the Maryland Bar, and when a chairman has not been appointed or is temporarily unable to serve, may rule on issues of law that are not dispositive of the case and on the assessment of costs. Definition. For purposes of this regulation, “party” includes every affiliate of a party. Personnel of an affiliate shall be considered to have the same relationship with the party as the relationship to the affiliate. All records of an affiliate are considered to be in the possession and control of, and capable of production by, the party. Maryland Rules of Procedure govern all discovery in any proceeding under the Act. The chairman of the arbitration panel shall determine all disputes concerning discovery. Time for Discovery. All discovery shall be completed within 270 days from service on the last served defendant, unless extended by the chairman for good cause shown. The arbitration panel also may set a time for completion of all discovery and all procedural matters. Time. At least 60 days before the hearings on a claim begin, unless mutually waived, all parties shall meet with the chairman of the arbitration panel in a prehearing conference. Purpose. At the prehearing conference, the parties shall consider all of the following: Simplification and identification of the issues; Exchange of exhibits, other documentary evidence proposed to be offered in evidence, and the identity of all proposed medical witnesses; Obtaining admissions to or stipulation of facts not remaining in dispute and the authenticity of documents; Limitation of the number of expert witnesses to be called and scheduling of the witnesses' appearances; Estimation of the length of the hearing; The first date for the hearing and successive hearings; and Any other matters that may aid in expeditious consideration and determination of the claim. Each party is expected to be prepared fully for a useful discussion of, and authorized fully to make commitments with respect to, all problems likely to arise in the proceedings. Preparation should include advance study of all relevant material and advance information communication between participants, including requests for additional information, to the extent that it appears feasible and desirable. Order. The chairman of the arbitration panel shall prepare an order that specifies the agreements made at the prehearing conference. A copy of the order shall be filed with the Director and served on each party. The order shall control subsequent consideration of the controversy unless, within 7 days after service of the order, a party submits to the chairman written objections to the order specifying an error or unless all parties and the chairman agree on modification of the order. Time and Place. The chairman shall set the time and place for all hearings. However, unless all parties agree otherwise, a hearing will be held only in a county in which a court would have venue under Courts and Judicial Proceedings Article, Title 6, Subtitle 2, Annotated Code of Maryland. The chairman may postpone a hearing on request of a party for good cause shown, or on the panel's own motion. The chairman may continue or recess a hearing from time to time as necessary. Notice. The chairman shall give each party at least 15 days notice of a hearing. However, this provision does not apply to resumption of a hearing that has been continued according to §A(3) of this regulation, if reasonable notice of the resumption has been given. Appearance at the hearing by a party waives any objection the party may have to any defect concerning the notice requirement unless the objection is specifically reserved. The chairman shall also give public notice of the hearing. This requirement is complied with by filing a notice of the hearing at the office of the Director at least 2 days before the hearing. Default. Notwithstanding the failure of a duly notified party to appear, the arbitration panel may hear and, on the evidence produced, determine the controversy. Rules of Evidence. The arbitration panel is not bound by the technical rules of evidence. Properly authenticated hospital records and the records of treating health care providers are admissible without the necessity of calling the physician, subject to reasonable notice, and the right of the opposing party to depose. A party may not produce testimony from more than two experts in a designated specialty unless the chairman, for good cause shown, permits additional experts. Evidence of any advance payment under Courts and Judicial Proceedings Article, §3-2A-08(a), and Article 48A, §482(c), Annotated Code of Maryland, is not admissible until after the arbitration panel determines the issue of liability. Rights of Parties. Each party has the right to be represented by counsel at any phase of the proceedings under the Act. If a party appears without counsel, the arbitration panel, if it has not done so previously, will on the record advise the party of the complexity of health care claims and suggest consideration of retaining counsel. A party who elects not to retain counsel may proceed without counsel. An attorney appearing in a representative capacity shall file with the Director a notice of appearance. On written request of a party for an interpreter, the panel shall first determine the need for an interpreter and, if needed, the panel shall provide the interpreter. The cost of the interpreter is considered a cost of the proceedings. A request for an interpreter shall be made not less than 30 days in advance of the hearing date. At the hearing, each party has the right to be heard, to present evidence material to the controversy, and to cross-examine witnesses. Authority of Panel—Subpoenas. The chairman or the panel may issue subpoenas for attendance of witnesses and for production of records and other evidence. The chairman or the panel or any party may petition the court to enforce a subpoena. All provisions of law that may compel an individual under subpoena to testify apply to proceedings under the Act. Authority of Panel—Witnesses. On request of a party, or on the panel's own motion, the arbitration panel shall administer the oath to a witness. Any panel member may question a witness. Witness fees are as provided for a witness in circuit courts of this State. Authority of Panel—Record. Hearings before the Arbitration Panel. All proceedings before the arbitration panel are recorded. On written request of a party or on the panel's own motion, the proceedings, in whole or part, will be transcribed. If requested by a party, that party shall bear the cost of transcribing. If requested by the panel, the cost will become a part of the other assessable costs of the case, but a party may object to the incurring of this additional cost. The recorded tapes may not be destroyed for at least 5 years. Corrections and changes may not be made on the official transcript unless one of the following occurs: The arbitration panel determines the correction to be necessary to conform the transcript with the evidence as presented; or All parties agree in writing to the correction and the chairman of the panel concurs with the agreement. Authority of Panel—Close of Hearing. After presentation of all evidence, an arbitration panel may order the parties to file briefs. The hearing shall close after presentation of all evidence or, if briefs are ordered, on the final date set for submission of briefs, or counsel's arguments on the briefs. An arbitration panel may reopen the hearing on written request of a party for good cause shown, or on the panel's own motion, at any time before the arbitration panel files its award. Determination of Liability. An arbitration panel first shall determine, with respect to each health care provider named in the claim, whether or not there is liability to a claimant. This panel determination shall be considered an award, as to the issue of liability, for purposes of Courts and Judicial Proceedings Article, §3-2A-08(a), Annotated Code of Maryland. All remuneration vouchers of panel members and court reporting charges shall be submitted to the Director within 7 days after the date of the panel determination. Award for Provider. If the arbitration panel determines that a health care provider is not liable, the panel shall make an award in favor of the provider. Award for Claimant. If the arbitration panel determines that a health care provider is liable, the panel shall then consider and determine the amount of damages in accordance with §C of this regulation, and, subject to Courts and Judicial Proceedings Article, §§11-108 and 11-109, Annotated Code of Maryland, causes of action arising on or after July 1, 1986. Evidence of advance payments pursuant to Article 48A, §482A(c), Annotated Code of Maryland, is admissible at this stage of the proceeding. The panel shall determine: If one provider is determined liable to one claimant, the total amount of damages owed by the provider to the claimant; If more than one provider is determined liable to one claimant, the total amount of damages owed by each provider to the claimant; If one provider is determined liable to more than one claimant, the total amount of damages owed by the provider to each claimant; and If more than one provider is determined liable to more than one claimant, the total amount of damages owed by each provider to each claimant. If advance payment has been made under Courts and Judicial Proceedings Article, §3-2A-08(a), and Article 48A, §482A(c), Annotated Code of Maryland, the arbitration panel shall subtract the amount of advance payments made to a claimant on behalf of a provider from the total damages calculated to be owed by the provider to the claimant under §C of this regulation. The award of damages shall be adjusted as follows: If the amount of total damages exceeds the amount of advance payments, the net amount constitutes the award of damages for purposes of §C(4)(b) of this regulation, and, at the option of the claimant, is payable in a lump sum or periodic payments; If the amount of advance payments exceeds the amount of total damages, the arbitration panel may not require any repayment by a claimant, but may make any other equitable adjustment of the award of damages, including contribution from other parties determined liable. Arbitration Costs. An arbitration panel shall determine the responsibility for paying the arbitration costs, and may apportion the costs among any of the parties, in specific fractional or percentage figures. Arbitration panel members are entitled to the following remuneration for time spent in transaction of arbitration duties: The chairman is entitled to receive $35 per hour; A medical doctor or dentist panel member is entitled to receive $25 per hour; A health care provider, other than a medical doctor or dentist, is entitled to receive remuneration of $15 per hour; and A public member is entitled to receive remuneration of $10 per hour. In addition to the remuneration set forth in §D(2) of this regulation, each member of an arbitration panel is entitled to receive reimbursement for expenses incurred in transaction of the panel's business, according to the standard travel regulations adopted by the Board of Public Works. Form of Award. Not more than 1 year after the last defendant was served, and within 10 days after the close of the hearing, the arbitration panel shall submit to the Director a written award, or the results of an application for modification, that concisely states the following information: With respect to each health care provider, that there is or there is not liability; If applicable, the amount of damages calculated under §C of this regulation; The responsibility for the arbitration costs and any apportionment of it made under §D of this regulation. The Director shall cause a copy of the award or the application for modification result and the arbitration costs amount to be mailed to each party not less than 15 days after receipt from the panel. Settlements. At any time that a claim is open, the parties who agree on a settlement may submit the written settlement agreement to the Director or to the chairman. An arbitration panel may incorporate a settlement agreement in its award. However, a settlement agreement does not affect a party not participating in the agreement and does not prevent a panel determination of the issues involving those nonparticipating parties. An arbitration panel shall determine the amount of arbitration costs incurred before settlement, and may apportion the costs among the parties unless the settlement provides for payment of the costs. If there is not a full panel, the chairman shall make this decision. Counsel Fees. If an arbitration panel finds that a party has acted in bad faith in asserting or defending a claim, it may require that party, or the party's attorney, or both, to pay the adverse party's costs, reasonable expenses, including attorneys' fees, or any portion of them, as a part of the award. Only if a legal fee is in dispute will it be approved by the arbitration panel, or by the court to which an appeal is taken. Application of Modification. Within 20 days after an award is mailed to a party, the party may apply to the arbitration panel for modification of the award. Each other party shall be given notice of the application for modification stating that the party may file an objection to the application within 10 days after receiving the notice. Basis for Modification. An arbitration panel may modify its award for any of the following purposes: To clarify the award; To correct the imperfect form of an award, not affecting the merits of the controversy; To correct an obvious miscalculation of figures or an obvious mistake in the description of an individual, thing, or property referred to in the award; Without affecting the merits of the determination on issues submitted to an arbitration panel, to correct an award made on a matter not submitted to the panel; or To correct any obvious error or injustice. An arbitration panel shall modify its award according to a court order made under Courts and Judicial Proceedings Article, §3-222(d), Annotated Code of Maryland. A modified award includes, as a separate item, an assessment of the amount of additional arbitration costs incurred in determination of the issue modifying the award. Filing of Modified Award. Within 20 days after an application for award modification is referred to the arbitration panel, the panel shall submit to the Director the following: A written statement of the panel's determination on the application; The modification to the award, if any; The additional arbitration costs incurred; and The allocation of those costs among the parties or to any one of the parties in accordance with the provisions of Regulation .12C of this chapter. The Director shall cause a copy of the arbitration panel's modification determination and the cost amount to be served on each party within 15 days after receipt of it. Time for Rejection. Within 30 days after an award is mailed to a party, or, if application for modification was made, within 10 days after a determination on the application is mailed to a party, whichever period is greater, a party may reject the award or the assessment of costs under an award, or modification ruling, as provided in this regulation. Notice of Rejection. Subject to §B(2) of this regulation, a party may reject an award or the assessment of costs under an award by filing with the Director and serving on each other party a notice of rejection. A rejecting party shall also file with the court an action to nullify the award or the assessment of costs under an award. Failure to file this action, within the time period in §A of this regulation, constitutes a withdrawal of any notice of rejection. The party rejecting an award, or the assessment of costs under an award, shall notify the Director of the appellate court's case identification number as soon as it is known to the party. If an action to nullify is not timely filed, that fact shall be made known to the Director immediately by the rejecting party. Form of Action. The Maryland Rules of Procedure govern the form of all actions to nullify awards. The Director need not be named as a party to an action under this regulation. On the expiration of the times for modification and rejection of an award, the Director, when requested by a party, shall file a copy of the award with the appropriate court, and the court shall confirm the award. The cost of the filing shall be paid in advance by the party requesting the filing. At any time after a claim and responses to it have been filed with the Health Care Alternative Dispute Resolution Office by all parties named in the claim, but before the hearing begins, a written waiver of arbitration may be filed. If the waiver is signed by all parties, it is mutually binding on all parties and transfers the jurisdiction over the case to the circuit court of the county in which venue lies, but the case is subject to a lien for all costs of arbitration through the date of transfer. Upon the filing of a waiver, the chairman shall sign immediately an order of transfer directing the removal of the case from the Health Care Alternative Dispute Resolution Office to the appropriate circuit court, and directing the payment of arbitration costs to date. The party submitting the waiver to the Health Care Alternative Dispute Resolution Office shall be responsible for notifying the office of the receiving circuit court's case identification number within 10 days after the case has been docketed. If the waived case is not filed in the appropriate circuit court in a timely fashion, and the claim is dismissed, the claimant shall be responsible for all arbitration costs unless a formal order or agreement of the parties directs otherwise. Arbitration of a claim with the Health Care Alternative Dispute Resolution Office may be waived by the claimant or any health care provider as stated in this regulation. Waiver by Claimant. Subject to the time limitations in §D of this regulation, a claimant may waive arbitration, at any time after filing the certificate of merit in accordance with Regulation .03F of this chapter, by filing a written election to waive arbitration with the Director. The claimant shall serve the written election to waive arbitration on all parties in accordance with Maryland Rules of Procedure. If the claimant waives arbitration under this regulation, all defendants shall comply with Regulation .03F of this chapter by filing their certificate of merit either with the Health Care Alternative Dispute Resolution Office or in the appropriate circuit court or United States District Court. Waiver by Defendant. Subject to the time limitations in §D of this regulation, a defendant may waive arbitration at any time after the claimant has filed a certificate of merit in accordance with Regulation .03F of this chapter by filing a written election to waive arbitration with the Director. The defendant shall serve the written election to waive arbitration on all parties in accordance with the Maryland Rules of Procedure. If the defendant waives arbitration under this regulation, all defendants shall comply with Regulation .03F of this chapter by filing their certificates of merit either with the Health Care Alternative Dispute Resolution Office or in the appropriate circuit court or United States District Court. Unilateral Waiver Limitations. A written election to waive arbitration under this regulation, filed by a party, may not be filed later than 60 days after all defendants have filed a certificate of merit in accordance with Regulation .03F of this chapter. A written election to waive arbitration filed after this date shall be in accordance with Regulation .16 of this chapter. After filing the written election to waive arbitration, the Director shall file an order of transfer with the appropriate circuit court which shall be binding upon all parties. Filing Complaint with Circuit Court. Within 60 days of the filing of a written election to waive arbitration by a party, the claimant shall file a complaint and a copy of the election to waive arbitration in the appropriate circuit court or United States District Court. After filing the complaint, the claimant shall serve a summons and a copy of the complaint on all parties. Failure to file a complaint within 60 days of filing the written election to waive arbitration may be grounds for dismissal of the complaint, if: A motion by an opposing party is filed; and There is a finding of prejudice to the opposing party because of the delay in filing the complaint. After the filing of a written election to waive arbitration under this regulation, if a party adds an additional defendant as a party in a complaint, the party shall file a certificate of merit in accordance with Regulation .03F of this chapter with respect to the additional defendant. In any case subject to this regulation, the procedures of Regulation .16 of this chapter apply. Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland Effective date: December 22, 1976 (3:26 Md. R. 1536) Regulation .12D amended as an emergency provision effective August 25, 1980 (7:18 Md. R. 1732); adopted permanently effective November 14, 1980 (7:23 Md. R.2163) Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md. App. 350 (1985) Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)