Current through 2022-14, April 6, 2022

A. Only one request for rescheduling. Each party shall be allowed one request to reschedule the arbitration hearing and it shall be granted only for very compelling reasons. A rescheduled hearing cannot again be rescheduled by the party who requested the original rescheduling, except pursuant to Section 14. In rescheduling a hearing the arbitrator should if possible attempt to accommodate the needs of both parties.

If a consumer requests a second rescheduling and this request is denied and the consumer then fails to attend the hearing, this shall constitute a withdrawal with prejudice and unless there are exceptional circumstances the consumer will have forfeited his right to arbitration. If the manufacturer does this it shall constitute a default without ­good cause.

A rescheduling request to the arbitrator may be accomplished by any reasonable means, but must actually be received by the arbitrator no later than the business day before the scheduled hearing.

B. Rescheduling the hearing. Upon receipt of a request for rescheduling, the arbitrator shall record the date it was received, and assign a new hearing date falling within the statutory 45 day period, if one is available. If a hearing date is not available then the next possible hearing date shall be assigned and the statutory requirement that the decision be made within 45 days may be deemed waived. Notice of such new date shall be made to both parties by any means appropriate for the time then remaining before the hearing.

When a hearing is rescheduled, the decision must be issued either within the original 45 day period or within 10 business days of the hearing, whichever is later. Notice to the parties shall be made in accordance with Section 4.

The arbitrator may reschedule any hearing due to circumstances beyond their control. In rescheduling the hearing, the procedure outlined in this Rule shall be utilized.

C. Rejection of arbitrator. The rejection of a proposed arbitrator pursuant to 10 M.R.S.A. §1169 is automatically granted. It shall be treated as if it were a request to reschedule and subject to the requirements of paragraph B of this section.


26-239 C.M.R. ch. 106, § 6

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