26-239 C.M.R. ch. 106, § 3 - PROCESSING OF ARBITRATION FORMS

Current through 2022-14, April 6, 2022

A. Timely processing. The Attorney General shall process requests for arbitration forms in a timely manner.

The Attorney General shall date-stamp upon receipt submitted arbitration forms.

B. Reviewed for completeness. The Attorney General shall review submitted arbitration applications for completeness and compliance with the Lemon Law.
1. Incomplete application forms. The Attorney General shall promptly return incomplete forms to the consumer for completion. Such forms when completed must be received by the Attorney General within 6 months of the application deadline, except when failure to complete the form is due to the untimely processing of the request for arbitration form by the Attorney General.
2. Rejected application forms. If in the opinion of the Attorney General the arbitration request does not describe a motor vehicle that could meet the statutory definition of a lemon as described in 10 M.R.S.A. §1163 and Section 2(B), the Attorney General shall reject the application form and return it to the consumer with the specific reason for the rejection. The consumer shall then have at least an additional six months to submit a valid application form. Rejection by the Attorney General satisfies the requirement in 10 M.R.S.A. §1165 that the consumer seek to resolve the dispute by application to arbitration before initiating a court action.
C. Start of 45 day arbitration period. The Attorney General shall note on the application the date that the application was found to be complete. This acceptance date shall begin the 45 day period in which the arbitrator must render a decision in the case, and shall be deemed to be the "date of receipt" for purposes of 10 M.R.S.A. §1169(2). If this 45 day period is extended (e.g., due to scheduling delays), the decision must be issued and mailed within 10 business days of the hearing.

Notes

26-239 C.M.R. ch. 106, § 3

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