Haw. Code R. § 16-181-12 - Notice of arbitration hearing

(a) The program administrator shall set the time, place, and date of the hearing.

(b) Arbitration hearings shall be held at hearing sites which shall be determined by the program administrator. Consideration as to the convenience of both the consumer and the manufacturer may be made, and the program administrator may schedule the hearing to take place on a neighbor island if such a location is feasible and would be convenient for the parties involved.

(c) The program administrator shall notify the parties of the date, time, and location of the scheduled arbitration proceeding at least five days before the date of the hearing.

(d) A notice of arbitration shall be sent by certified mail to the consumer and to the manufacturer. General information about the arbitration process shall be included with the notice. Notices shall also be provided to attorneys of record. The notice shall include, but not be limited to, the following information:

(1) A statement of the date, time, and place of the scheduled hearing;

(2) The name of the arbitrator to whom the case has been assigned;

(3) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(4) A statement that failure to attend may result in a dismissal of the case or a decision in favor of the other side;

(5) A statement that any ex parte communication to the arbitrator about any matter concerning the case is strictly forbidden; and

(6) The address of the office to which all requests, communications, or correspondence concerning the hearing should be directed.

(e) The program administrator shall provide the assigned arbitrator copies of all correspondence to and from the parties.

(f) A manufacturer may present its case by telephone, provided that written notice is given to the program administrator at the time the manufacturer's statement is timely filed. Any long distance telephone charges shall be paid by the manufacturer.

Notes

Haw. Code R. § 16-181-12

[Eff 3/3/97; am and comp 10/8/05] (Auth: HRS § 481I-4) (Imp: HRS § 481I-4)