Mont. Admin. r. 23.19.418 - NOTICE OF ARBITRATION DECISION

(1) The arbitration panel shall render its decision within 60 days following the initial filing date of the consumer's request for arbitration. The decision shall be rendered by an agreement of the majority of the arbitrators.

(2) The department shall send the consumer and manufacturer official written notice of the arbitration decision by certified mail.

(3) The panel chairperson shall draft the decision and shall obtain the signatures of the majority of arbitrators. In the event that the chairperson dissents from the majority decision, he or she shall designate one of the agreeing arbitrators to write the decision. The department shall forward copies of the decision to all parties and arbitrators.

(4) The effective date of the decision shall be the date the written decision is signed by the panel chairperson or his or her designated representative.

(5) The arbitration decision shall contain the following:

(a) the panel's findings of fact and the reasons for its decision;

(b) appropriate remedies, if applicable, including but not limited to:

(i) repair of vehicle;

(ii) replacement of the vehicle with an identical vehicle or a comparable vehicle acceptable to the consumer;

(iii) refund as provided in 61-4-503(2), MCA;

(iv) any other remedy available under the applicable warranties or 15 USC 2301 through 2313 in effect on October 1, 1983; and

(v) reimbursement of expenses and costs to the prevailing party.

(6) Included with the copy of the arbitration decision sent to the consumer shall be a form to be completed by the consumer, indicating his or her acceptance or rejection of the decision. The consumer shall return the form to the department within 10 days from the date of the consumer's receipt of the notice. If the decision is not accepted, the parties shall follow the provisions of Title 27, chapter 5, MCA.

Notes

Mont. Admin. r. 23.19.418

NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

61-4-532, MCA; IMP, 61-4-519, MCA;