26-239 C.M.R. ch. 106, § 7 - DEFAULTS

Current through 2022-14, April 6, 2022

A. Defaults. A party defaults when it fails to appear at the hearing.
B. Manufacturer defaults. If a manufacturer defaults the arbitrator shall still hold the hearing. The arbitrator shall make a decision based on the evidence presented by the consumer, and any of the manufacturer's evidence already in the arbitrator's possession.

If the manufacturer, by the end of the next business day following the hearing but prior to the mailing of a written decision by the arbitrator, demonstrates good cause to the arbitrator for defaulting, the default shall be considered a request for rescheduling, and subject to the limits on requesting rescheduling set forth in Section 6. If the limits on rescheduling have not been reached, a completely new hearing shall be held, disregarding any evidence presented by the consumer previously (if any).

C. Consumer defaults. If the consumer defaults it shall be considered a withdrawal of the request for arbitration. The hearing shall be canceled if the consumer defaults with or without good cause.

If the consumer by the end of the next business day following the hearing demonstrates to the arbitrator good cause for defaulting, the default shall be considered a request for rescheduling, and be subject to the limits on requesting rescheduling pursuant to Section 6.

D. Both parties default. If both parties default, the disposition of the case shall be handled as if only the consumer defaulted pursuant to this Rule.
E. Default without good cause. The arbitrator shall decide whether a default was for good cause. If either party defaults without good cause and the hearing is not held, the defaulting party shall promptly pay to the Attorney General its costs for the abandoned hearing, if any.

Notes

26-239 C.M.R. ch. 106, § 7

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