§672-4 Review by panel required; notice; presentation of claims; termination. (a) Any person or the person's representative claiming that a tort has been committed by the design professional or entities employing such design professionals shall file a claim with the department of commerce and consumer affairs before a suit based on the claim may be commenced in any court of the State. All claims shall be submitted to the department of commerce and consumer affairs in writing. The claimant shall set forth facts upon which the claim is or may be based and shall include the names of all parties against whom the claim is or may be made who are known to the claimant. Within five business days thereafter, the panel shall give notice of the claim, by certified mail, to all architects, engineers, surveyors, or landscape architects and others who are or may be parties to the claim and shall furnish copies of the claims to such persons. Such notice shall set forth a date, not more than twenty days after mailing the notice, within which any design professional against whom a claim is made shall file a written response to the claim, and a date and time for a hearing of the panel. Such notice shall describe the nature and purpose of the panel's proceedings and shall designate the place of the hearing. The times originally set forth in the notice may be changed by the chairperson, on due notice to all parties, for good cause; provided that a party requesting the rescheduling of the hearing within seven days of the scheduled date shall be required in the sole discretion of the panel chairperson to additionally compensate the panel in an amount equal to the fee panel members receive pursuant to section 672-3.

(b) At any time, by mutual consent of the parties involved, the department of commerce and consumer affairs, prior to the appointment of the chairperson, or the chairperson after the chairperson's appointment, may terminate the proceedings and the claimant may proceed in accordance with section 672-8. [L 1981, c 228, pt of §1; am L 1982, c 204, §8; am L 1983, c 138, §1; am L 1985, c 36, §5; gen ch 1985; am L 1992, c 91, §3]