Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 13 - DEPARTMENT OF LAWChapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM
Part 301 - New York Motorized Wheelchair Arbitration Program Regulations
Section 301.16 - The decision

N.Y. Comp. Codes R. & Regs. tit. 13 § 301.16

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Current through Register Vol. 46, No. 50, December 11, 2024
Section 301.16 - The decision
(a) The arbitrator shall render a decision within 40 days of the filing date which shall be in writing on a form prescribed by the administrator and approved by the Attorney General. The decision shall be dated and signed by the arbitrator.
(b) In his/her decision, the arbitrator shall determine whether the consumer qualifies for relief pursuant to GBL section 670. If the arbitrator finds that the consumer qualifies, (s)he shall award the specific remedies prescribed by the applicable statute.
(c) The decision shall specify the monetary award where applicable. A calculation of the amount, in accordance with GBL section 670, shall be included in the decision. The decision shall also award the prescribed filing fee and any telephone costs incurred pursuant to section 301.7(h) of this Part to a successful consumer.
(d) The decision shall, where applicable, require that any action required by the manufacturer, be completed within 30 days from the date the administrator notifies the manufacturer of the decision.
(e) The administrator shall review the decision for technical completeness and accuracy and advise the arbitrator of any suggested technical corrections, such as computational, typographical or other minor corrections. Such changes shall be made only with the consent of the arbitrator.
(f) After review, the administrator shall, within 45 days of the filing date, mail a copy of the final decision to both parties, the arbitrator, and the Attorney General. The date of mailing to the parties shall be date-stamped by the administrator on the decision as the date of issuance.
(g) Failure to mail the decision to the parties within the specified time period or failure to hold the hearing within the prescribed time shall not invalidate the decision.
(h) The arbitrator's decision is binding on both parties and is final, subject only to judicial review pursuant to CPLR, article 75. The decision shall include a statement to this effect.

N.Y. Comp. Codes R. & Regs. Tit. 13 § 301.16