(1) Arbitrations will be conducted by arbitrators appointed by the commission. The commission may appoint a single commissioner, a commission staff member, an internal arbitration panel which may be comprised of the commission or an independent arbitrator. The commission will not appoint an independent arbitrator unless it has insufficient resources with which to arbitrate the matter. The commission may permit parties to comment on the selection of the arbitrator prior to the appointment.

(2) The commission will appoint an arbitrator within 10 days of receiving a petition for arbitration.

(3) The arbitrator, if the commission does not act as such, shall be considered a hearings examiner under the Montana Administrative Procedure Act.