Section 31: Evidence by Affidavit and Filing of Document.

The arbitrator may receive and consider the evidence of witnesses by affidavit, giving it such weight as seems appropriate after consideration of any objections made to its admission.

All documents not filed with the arbitrator at the hearing, but arranged for at the hearing or subsequently by agreement of the parties,, shall be filed with the HBAGFV for transmission to the arbitrator. All parties shall be afforded opportunity to examine such documents.

Section 32: Inspection or Investigation.

An arbitrator finding it necessary to make an inspection or investigation in connection with the arbitration, shall direct the HBAGFV to so advise the parties. The arbitrator shall set the time and the HBAGFV shall notify the parties thereof. Any party who so desires may be present at such inspection or investigation. In the event that one or other parties are not present at the inspection of investigation, the arbitrator shall make a verbal or written report to the parties and afford them an opportunity to comment.

Section 33: Conservation of Property.

The arbitrator may issue such orders as may be deemed necessary to safeguard the property which is the subject matter of the arbitration without prejudice to the rights of the parties or to the final determination of the dispute.

Section 34: Closing of Hearings.

The arbitrator shall specifically inquire of the parties whether they have any further proofs to offer or witnesses to be heard. Upon receiving negative replies, the arbitrator shall declare the hearings closed and the minutes thereof shall be recorded. If briefs are to be filed, the hearings shall be declared closed as of the final date set by the arbitrator for the receipt of briefs. If documents are to be filed as provided for in Section Thirty One (31) and the date set for their receipt is later than that set for the receipt of the briefs, the later date shall be the date of closing the hearing. The time limit within which the arbitrator is required to make an award shall commence to run in the absence of other agreements by the parties, upon the closing of the hearing.

Section 35: Reopening of Hearings.

The hearings may be reopened by the arbitrator at will, or upon the application of a part at any time before the award is made. If the reopening of the hearing would prevent the making of the award within the specific time agreed upon by the parties in the contract out of which the controversy has arisen, the matter may not be reopened, unless the parties agree upon the extension of such time limit. When no specific date is fixed in the contract, the arbitrator may reopen the hearings, and the arbitrator shall have thirty (30) days from the closing of the reopened hearings within which to make an award.

Section 36: Waiver of Oral Hearings.

The parties may provide, by written agreement, for the waiver of oral hearings. If the parties are unable to agree as to the procedure, the HBAGFV shall specify a fair and equitable procedure.

Section 37: Waiver of Rules.

Any party who proceeds with the arbitration after knowledge that any provision or requirement of these Rules has not been complied with and who fails to state an objection thereto in writing, shall be deemed to have waived the right to object.

Section 38: Extension of Time.

The parties may modify any period of time by mutual agreement. The HBAGFV for good cause may extend any period of time established by these Rules, except the time for making the award. The HBAGFV shall notify the parties of any such extension of time and its reason thereof.

Section 39: Communication with Arbitrator and Serving of Notice.

There shall be no communication between the parties and an arbitrator other than at oral hearings. Any other oral or written communications from the parties to the arbitrator shall be directed to the HBAGFV for the transmittal to the arbitrator.

Each party to an agreement which provides for arbitration under these Rules shall be deemed to have consented that any papers, notices or process necessary or proper for the initiation or continuation of an arbitration under these Rules and for any court action in connection therewith or for the entry or judgment on any award made thereunder may be served upon such party by mail addressed to such party or its attorney at the last known address or by person serve, within or without the state wherein the arbitration is to be held (whether such party be within or without the United States of America), provided that reasonable opportunity to be heard with regard thereto has been granted such party.

Section 40: Time of Award.

The award shall be made promptly by the arbitrator and, unless otherwise agreed by the parties, or specified by law, not later than thirty (30) days from the date of closing the hearings, or if oral hearings have been waived, from the date of transmitting the final statements and proofs to the arbitrator.

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