27-12-404. Disqualification of panel member. (1) A panel member or proposed member must be disqualified from consideration of a case in which, by virtue of the member’s circumstances, the member believes that serving on the panel would be inappropriate, considering the purpose of the panel. The director may excuse a panel member or proposed member from serving.

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Terms Used In Montana Code 27-12-404

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
  • Director: means the director of the Montana chiropractic legal panel. See Montana Code 27-12-103
  • Panel: means the Montana chiropractic legal panel created in 27-12-104. See Montana Code 27-12-103

(2)If a party files an affidavit stating that the party believes a panel member cannot impartially sit in review of the application, that panel member is disqualified from consideration of the case. The affidavit must be filed within 15 days of the transmittal by the director, under 27-12-402, of the names of the panel members selected. A party may not disqualify more than three panel members. The entity that chose the disqualified member shall select another panel member.