D.C. Mun. Regs. tit. 16, r. 16-1402

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 16-1402 - FILING OF ARBITRATION CLAIMS

1402.1

Each claim for arbitration shall be filed at the Department of Consumer and Regulatory Affairs on Board approved complaint forms Monday through Friday, except legal holidays, from 8:30 a.m. until 4:30 p.m.

1402.2

A consumer may elect oral or documentary arbitration proceedings.

1402.3

The information on the complaint form shall include the following:

(a) The name, address, and telephone number of complainant;

(b) The name, address, and telephone number of complainant's legal counsel, if applicable;

(c) The motor vehicle information, including the date of purchase and date of delivery of the vehicle, the make, model and manufacturer of the vehicle, the vehicle identification number, the present mileage, and the condition of the vehicle when purchased (new or used);

(d) Any financial information related to the purchase, cash price, amount financed, name of lien holder, cost of financing;

(e) The name and address of the selling dealership;

(f) The name and address of the servicing dealership or facility;

(g) The information regarding the defect including the following:

(1) The nature of the defect;

(2) The date and mileage when the defect first occurred;

(3) The date the defect was first reported to the dealer or manufacturer;

(4) The mileage when the defect was so reported;

(5) The dates on which the motor vehicle was at the dealership for repair since the purchase date; and

(6) The circumstances concerning any refusal of service by the dealer, if applicable;

(h) The date and the nature of any oral or written communication with the manufacturer, selling or servicing dealership, or facility regarding the defect;

(i) A statement of the remedy the complainant is seeking;

(j) A copy of any warranties, including extended warranties, sales contracts, and other relevant documents;

(k) A copy of any correspondence between the complainant and the manufacturer or its representative, if available;

(l) A copy of each service order;

(m) The date the consumer good was purchased or service was received;

(n) A brief statement of the cause for dispute;

(o) The signature of the complainant; and

(p) The date the complaint form is signed.

1402.4

The completeness of a complaint shall be determined by DCRA representatives before being filed with the Board for arbitration purposes.

1402.5

Each complete complaint shall be stamped with the date received, assigned docket number, and filed until the next meeting of the Board.

1402.6

A consumer whose claim filed with the Department falls within but not limited to the following categories may have the claim submitted to the Board for arbitration; Provided, that the provider agrees in writing to participate in the arbitration process:

(a) Furniture Repair;

(b) Appliance Repair;

(c) Home Furnishings Purchase;

(d) Home Furnishings Service;

(e) Travel Services;

(f) Billing for Professional Services;

(g) Moving and Storage of Household Goods;

(h) Auto Repair; and

(i) Home Improvement.

1402.7

A non-refundable filing fee of twenty-five dollars ($25.00) shall accompany each (complete) complaint.

1402.8

For any consumer filing a claim against a provider of any consumer good or service, a representative of DCRA shall attempt to obtain an agreement to arbitrate signed by either the provider or the provider's agent.

1402.9

The Board shall, within five (5) business days after a complete complaint is filed, determine whether the claim qualifies for arbitration or whether it is frivolous, fraudulent or beyond the legal authority of the Board.

1402.10

Each party to a claim shall receive written notification by certified mail of the Board's decision to accept a claim for arbitration. A notice of rejection shall be sent by first class mail to each party and shall state the reason for rejection.

1402.11

The respondent may file a written answer to the claim no later than five (5) days after receiving written notice of acceptance of the claim.

D.C. Mun. Regs. tit. 16, r. 16-1402

Final Rulemaking published at 33 DCR 2958, 2959 (May 16, 1986)