Section 3398.1 - Organization of Arbitration Program(a) The arbitration program shall be funded and competently staffed at a level sufficient to ensure fair and expeditious resolution of all disputes.(b) The arbitration program shall not charge consumers any fee for use of the program.(c) The manufacturer, and the sponsor of the arbitration program (if other than the manufacturer), shall take all steps necessary to ensure that the arbitration program, and its arbitrators and staff, are sufficiently insulated from the manufacturer and the sponsor, so that the decision of the arbitrators and the performance of the staff are not influenced by either the manufacturer or the sponsor.(d) Steps necessary to insulate the arbitration program from influence by the manufacturer or sponsor shall include, at a minimum:(1) committing funds in advance,(2) basing personnel decisions solely on merit, and(3) not assigning conflicting manufacturer or sponsor duties to program staff persons.(e) Steps necessary to insulate the arbitration program from influence by the manufacturer or sponsor also shall include steps necessary to insulate the program's arbitrators from influence. At the very least, no employee, agent or dealer of the manufacturer shall communicate directly or otherwise participate substantively regarding the merits of any dispute with the arbitrator who is to decide that dispute, except: (1) the information that is communicated is disclosed to the consumer and the consumer is afforded an opportunity to explain or rebut the information and to submit additional information before a decision is rendered, or(2) as permitted by Section 3398.8.(f) The arbitration program shall impose any other reasonable requirements necessary to ensure that the members and staff act fairly and expeditiously in each dispute.(g) An arbitration program shall maintain both the fact and appearance of impartiality.Cal. Code Regs. Tit. 16, § 3398.1
1. New section filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change without regulatory effect amending NOTE filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).
3. Change without regulatory effect amending subsection (c) filed 3-31-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13). Note: Authority cited: Sections 472.1(b) and 472.4(f), Business and Professions Code. Reference: 16 CFR Sections 703.3(a), (b) and (c); and Section 1793.22(d)(1), (6) and (8), Civil Code.
1. New section filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change without regulatory effect amending Note filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).
3. Change without regulatory effect amending subsection (c) filed 3-31-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).