Haw. Code R. § 16-181-11 - Assignment of arbitrator
(a) After a case
has been initiated, the program administrator shall assign an arbitrator to
hear and decide the case.
(b) The
assigned arbitrator shall not have any bias, any financial or personal interest
in the outcome of the hearing, or have a pending claim against a manufacturer.
The assigned arbitrator shall not have any current connection to the sale or
manufacture of new motor vehicles so as to create a bias, as determined by the
program administrator. The assigned arbitrator shall not be employed by a
manufacturer, a motor vehicle dealer, or the consumer, or be a staff person or
decision maker for a manufacturer-established program.
(c) If any arbitrator should resign, die,
withdraw, be disqualified by the program administrator, or be otherwise unable
to perform the duties of the position, the administrator shall assign another
arbitrator to the case, and the period to render a decision may be extended if
necessary. If the forty-five day period must be extended, to the extent
possible, the program administrator shall obtain the written consent from the
parties.
(d) Arbitrators shall
undergo training established by the department and the program administrator.
This training shall include procedural techniques, the duties and
responsibilities of arbitrators under the program, the substantive portions of
chapter 481I, HRS, and any rules adopted thereunder.
Notes
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