Rule 23.19.417 - RECORD KEEPING(1) The department shall maintain records of each dispute, which shall include: (a) the name, address and telephone number of the consumer;(b) the name, address, telephone number and contact person of the manufacturer;(c) brand name and model of the vehicle;(d) the filing date of the dispute, the date on which the arbitration decision was rendered and the date of the official notification to all parties of the decision;(e) all correspondence or other written documents submitted by both parties;(f) all other evidence collected by the department relating to the dispute;(g) a transcript or tape recording of all oral arbitration hearings;(h) the decision of the department panel, including information as to the time, date and place of the arbitration hearing and the identities of the voting arbitrators;(i) a copy of the official written notice to the parties of the decision;(j) a record of the follow-up contact to the consumer and the response thereto; and(k) copies of any and all other documents, notated telephone conversations or other communications relevant to the dispute.(2) The department shall maintain an index of each manufacturer's disputes grouped under brand name and subgrouped under model.(3) The department shall maintain an index for each manufacturer which shall indicate: (a) all disputes in which the arbitration decision was in favor of the manufacturer;(b) all disputes in which the manufacturer has complied with the arbitrator decision by the date set for performance, if applicable;(c) all disputes in which the manufacturer did not comply with the arbitration decision, if applicable;(d) all disputes resolved by pre-decision settlement, time for compliance has occurred and manufacturer has complied; and(e) all disputes resolved by pre-decision settlement, time for compliance has occurred and manufacturer has not complied.(4) The department shall maintain an index of all disputes delayed beyond 60 days, noting specific causes for any such delay.(5) The department shall compile semi-annually and maintain statistics which show the number and percentage of disputes in each of the following categories: (a) telephone and written complaints received from consumers;(b) complaints referred to arbitration;(c) complaints adjudged to be ineligible for arbitration by failing to meet the criteria established by law;(d) cases decided by arbitration panels and the manufacturer has complied;(e) cases decided by arbitration panels in which time for compliance has occurred and manufacturer has not complied;(f) cases decided by arbitration panels in which time for compliance has not occurred;(g) cases adversely decided for the consumer;(h) cases decided by arbitration panels in which partial recovery was awarded to the consumer;(i) cases in which a full refund was awarded to the consumer;(j) cases in which a replacement vehicle satisfactory to the consumer was awarded;(k) cases resolved by pre-decision settlement, time for compliance has occurred and manufacturer has complied;(l) cases resolved by pre-decision settlement, time for compliance has occurred and manufacturer has not complied;(m) cases resolved by pre-decision settlement and time for compliance has not occurred;(n) cases in which the decision is pending;(o) cases in which the consumer accepted the decision;(p) cases in which the consumer rejected the decision; and(q) cases in which requests were made for copies of records for submission to court.(6) The department shall file a copy of the semi-annual statistical summary with the Montana Department of Justice for consideration in determining the issuance of any manufacturer license required under Title 61, chapter 4, part 2, MCA.Mont. Admin. r. 23.19.417
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, 61-4-518, 61-4-526, MCA;