Haw. Code R. § 16-181-20 - Defaults; dismissals
(a) A party who
fails to appear at the arbitration hearing, who fails to pay the applicable
filing fee, or who fails to submit its response will be considered in
default.
(b) If a manufacturer
defaults by failing to appear, the arbitration hearing shall proceed as
scheduled, and the arbitrator shall make a decision based on the evidence
presented by the consumer and any documents contained in the record.
(c) If a manufacturer defaults by failing to
pay the $200 filing fee or by failing to submit its response within ten days
from receipt of the notification of the consumer's demand for arbitration, it
is within the discretion of the arbitrator whether the manufacturer may present
its own evidence and if so, what weight any such evidence may be
given.
(d) If a consumer defaults,
the hearing shall be cancelled, and the case shall be dismissed with
prejudice.
(e) An arbitrator's
decision after a manufacturer defaults shall be considered final unless the
manufacturer or consumer contacts the program administrator within seven days
of receipt of the decision to request that the decision be set aside. The
request shall include evidence of an unforeseeable circumstance that resulted
in the party's failure to appear. Such request shall be considered by the
assigned arbitrator, who may hear arguments from both parties on the request to
set aside the decision. Arguments may be conducted by telephone
conference.
(f) If the decision is
set aside, a new hearing shall be scheduled as soon as is practicable after the
original hearing date. Notice of the rescheduled hearing shall be made to the
parties.
Notes
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