Haw. Code R. § 16-181-26 - Form and content of decision

(a) The arbitrator shall render a decision within forty-five days of the proper filing of the demand form with the program administrator. A decision may be rendered after the forty-five day period has passed only if the provisions of section 16-181-17 have been complied with.

(b) The decision shall be in writing, dated, and signed by the arbitrator. The date of the signature of the decision shall determine compliance with the forty-five day requirement unless otherwise waived in writing by both parties.

(c) If not otherwise specified in these rules, no other remedies aside from those specifically identified in section 481I-3(i), HRS, may be awarded to a consumer.

(d) The decision shall determine whether the consumer is entitled to relief pursuant to section 481I-3(i), HRS, and shall contain, but not be limited to, the following:

(1) A statement of the program's jurisdiction;

(2) Findings of fact necessary for resolution of the issues. Findings based upon stipulation of the parties shall be so designated;

(3) A conclusion with supporting rationale of whether the standards for refund or replacement have been met;

(4) An explanation as to whether the presumptions have been met, or whether a reasonable number of attempts have been made to conform the motor vehicle to the applicable express warranties and if not, any factors which mitigate against the necessity of meeting the presumptions;

(5) A statement of the remedy granted by the arbitrator as provided for by section 481I-3(i), HRS, or a dismissal of the case if the consumer is not entitled to relief under the statute.

(e) If the consumer prevails and a refund is awarded, the decision shall include the calculations used to determine the monetary award and offset for use as set forth in sections 481I-2 and 481I-3(b), HRS.

(f) If the consumer prevails and a replacement vehicle is awarded, the decision shall include a calculation of the offset for use as set forth in sections 481I-2 and 481I-3(b), HRS.

(g) If the arbitrator finds that the motor vehicle has undergone excessive wear and tear unattributable to the nonconformity, the decision for consumer refund or replacement vehicle may include an offset for that damage in addition to the offset for use.

(h) If the consumer prevails, the decision shall include a provision for delivery of clear title to the manufacturer by the consumer, lienholder, or lessor as the case may be, and delivery of possession of the motor vehicle to the manufacturer by the consumer at a reasonable time and place, upon compliance with the decision by the manufacturer.

(i) Where applicable, the decision shall require that any action required by the manufacturer be completed within thirty days of receipt of the decision.

(j) Upon receipt of the decision from the arbitrator, the program administrator shall review the decision for completion, typographical errors, and mathematical accuracy. If errors or omissions are found, the program administrator shall inform the arbitrator, and corrections shall be made by the arbitrator.

(k) Once an arbitrator's decision has been reviewed and found acceptable, the program administrator shall send the parties copies of the decision by certified mail. The parties shall also be mailed compliance forms which shall be signed and returned to the program administrator within ten days after compliance with the decision has been completed.

(l) In cases where the consumer has elected "binding" arbitration, the arbitrator's decision shall be final and binding upon the parties unless modified or vacated under chapter 658A, HRS.

(m) In cases where the consumer has elected "nonbinding" arbitration, the non-prevailing party must either honor the decision or file for a trial de novo within thirty days of receipt of the arbitrator's decision.

Notes

Haw. Code R. § 16-181-26

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