N.Y. Comp. Codes R. & Regs. tit. 13 § 301.7

Current through Register Vol. 46, No. 50, December 11, 2024

Section 301.7 - Scheduling of arbitration hearings

(a) Each manufacturer of motorized wheelchairs sold in New York shall furnish to the Attorney General a copy of its warranty and notify him, in writing within 10 days after the effective date of these regulations [November 10, 1993], of the name, address and telephone number of the person designated to receive notices under this program. Such information shall be presumed correct unless updated by the manufacturer.

(b) The arbitration shall be conducted as an oral hearing unless the consumer has requested, on the "Request for Arbitration" form, a hearing on documents only and both parties agree to a documents only hearing; provided, however, that the parties may mutually agree in writing to change the mode of hearing. Upon such change, the parties shall notify the administrator who shall comply with the request and, where necessary, such request shall waive the 40-day limit in which a decision must be rendered.

(c) Within five days of the filing date, the administrator shall send the manufacturer's designee a copy of the consumer's completed form along with a notice that it may respond in writing. Such response shall be sent in triplicate, within 15 days of the filing date, to the administrator, who shall promptly forward one copy to the consumer.

(d) The consumer may respond in writing to the manufacturer's submission within 25 days of the filing date. Such response shall be sent in triplicate to the administrator, who shall promptly forward a copy to the manufacturer.

(e) An oral hearing, where appropriate, shall be scheduled no later than 35 days from the filing date, unless a later date is agreed to by both parties. The administrator shall notify both parties of the date, time and place of the hearing at least eight days prior to its scheduled date.

(f) Hearings shall be scheduled to accommodate, where possible, time-of-day needs of the consumer and the manufacturer, including evening and weekend hours.

(g) Hearings shall also be scheduled to accommodate geographic needs of the consumer. Regular hearing sites shall be established at locations designated by the administrator, including in the following areas: Albany, Binghamton, Buffalo, Nassau County, New York City, Plattsburgh, Poughkeepsie, Rochester, Suffolk County, Syracuse, Utica, Watertown, and Westchester. No hearing site established by the administrator shall be discontinued without the approval of the Attorney General. In addition, where a regular site is more than 100 miles from the consumer's residence, a hearing must be scheduled at the request of the consumer at a location designated by the administrator within 100 miles of the consumer's residence.

(h) A party may present its case by telephone, provided that adequate advance notice is given to the administrator and to the other party. In such cases, the arbitrator and both parties shall be included.

N.Y. Comp. Codes R. & Regs. Tit. 13 § 301.7