(1) A manufacturer may request a viewing of the vehicle to aid
in preparation of its defense. The request for a viewing of the vehicle must be
indicated in the manufacturer's statement.
(2) The manufacturer and the consumer shall arrange a mutually
agreeable time and location for such viewing. If after reasonable good faith
attempts to arrange a viewing, a mutually agreeable time and location is not
established, the manufacturer may request the Lemon Law administration program
manager to set a time and location for viewing.
(3) Upon receipt of a request to set a viewing, the Lemon Law
administration program manager shall establish a time and location for viewing
that is reasonably convenient for the parties. The location may be the
consumer's residence if other locations are not reasonably convenient for the
parties. The consumer must be present during the viewing, unless the consumer
expressly waives in writing the right to be present.
(4) The viewing is not meant to be another attempt to repair
the vehicle and no repair procedures shall be conducted.
(5) The manufacturer may perform limited nonrepair diagnostic
examinations and inspection procedures, such as test driving the vehicle or
attaching a testing device to the vehicle. The results of any diagnostic
procedures or data gathered as a result of such procedures shall be supplied to
the consumer as soon as it is available.
(6) If the viewing of the vehicle reveals any affirmative
defenses or legal or factual issues not previously raised in the manufacturer's
statement or consumer's request for arbitration, either party may file
amendments with the Lemon Law administration within three business days of the
viewing, or, no later than three business days prior to the hearing date,
whichever is earlier.
