138-11 Dispute resolution. (a) Any communications service provider, reseller, independent, third-party accounting firms, consultants, or other third party retained by the State under section 138-2, or public safety answering point aggrieved by a decision of the board shall have the right to petition the board for reconsideration within ten days following the rendering of the board's decision. As part of its petition for reconsideration, the aggrieved party may present any reasonable evidence or information for the board to consider. The board shall render its decision on the reconsideration petition as soon as reasonably possible, but no later than thirty days after the reconsideration request is made.

(b) An aggrieved party, following the completion of the reconsideration petition process, upon agreement of the other party, may have the dispute resolved through final and binding arbitration by a single arbitrator in accordance with the Industry Arbitration Rules of the American Arbitration Association. The costs of the arbitration, including the fees and expenses of the arbitrator, shall be borne by the nonprevailing party of any arbitration proceeding. The arbitrator's decision shall be final and binding and may be confirmed and enforced in any court of competent jurisdiction.

(c) Nothing in this section shall preclude any communications service provider, reseller, independent, third-party accounting firms, consultants, or other third party retained by the State under section 138-2, or public safety answering point from pursuing any existing right or remedy to which it is entitled in any court having jurisdiction thereof. [L 2004, c 159, pt of 2; am L 2011, c 168, pt of 1]

 

 

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