N.Y. Comp. Codes R. & Regs. tit. 13 § 302.8

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

Section 302.8 - Request for additional information or documents

(a) A party, by application in writing to the administrator, may request the arbitrator to direct the other party to produce any documents or information. The arbitrator shall, upon receiving such request, or on his or her own initiative, direct the production of documents or information which she or he believes will reasonably assist a party in presenting his or her case or assist the arbitrator in deciding the case. The arbitrator's direction for the production of documents and information shall allow a reasonable time for the gathering and production of such documents and information.

(b) All documents and information forwarded in compliance with the arbitrator's direction shall be legible and received no later than three business days prior to the date of the hearing. Each party shall bear its own photocopying costs.

(c) Upon failure of a party to comply with the arbitrator's direction to produce documents and/or information, the arbitrator may draw a negative inference concerning any issue involving such documents or information.

(d) The term documents in this section shall include, but not be limited to, relevant manufacturer's service bulletins, dealer work orders, diagnoses, repair bills, damage appraisals and all communications relating to the issue of excessive wear or damage.

(e) At the request of either party or on his or her own initiative, the arbitrator, may subpoena any witnesses to appear or documents to be presented at the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 13 § 302.8