26-239 C.M.R. ch. 106, § 12 - DISPUTING THE ARBITRATOR'S DECISION

Current through 2022-14, April 6, 2022

A. Date of issuance of decision. The date the arbitrator's decision is mailed to the parties shall be entered on the first page of the decision. This date, plus three days for mailing, shall be the decision's "issuance date."

B. Technical corrections to arbitrator's decision. The Attorney General may make "technical corrections" to an arbitrator's decision. "Technical corrections" shall generally be defined as errors or omissions in reimbursable costs, computational corrections, typographical corrections, or other minor corrections.

Requests for technical corrections shall be submitted in writing, and must be received by the Attorney General within 14 days of the date of issuance of the arbitrator's full written decision.

C. Procedural complaints. All claims concerning procedural irregularities, or complaints concerning an arbitrator's conduct, or legal errors should be made in writing to the Attorney General. This information is requested to assist the Attorney General in its oversight of the arbitration process and shall not constitute an appeal of any kind.

D. Notification of appeals. If either the manufacturer or the consumer seeks a trial de novo and appeals the arbitrator's decision, or if the consumer initiates a new private action, the parties shall provide the Attorney General with a copy of their initial pleadings in the action. The parties shall provide these filings contemporaneously with their filing in court.

E. Frivolous appeals by the manufacturer. It shall be prima facie evidence of an Unfair Trade Practice under 5 M.R.S.A. §§206 - 214 for a manufacturer to appeal an arbitrator's decision if there were not a reasonable basis for its appeal or if the appeal was frivolous.

Notes

26-239 C.M.R. ch. 106, § 12