Current through December 3, 2024
Section 470-RICR-00-00-1.10 - DefaultsA. A consumer defaults when he or she either requests to schedule a hearing on the day of the hearing and it is not granted under § 1.9(A)(1) of this Part or fails to appear at the hearing. 1. If the consumer defaults, it shall be considered a withdrawal of the request for arbitration and the hearing shall be cancelled.2. If the consumer by the end of the next business day following the hearing demonstrates to the Motor Vehicle Arbitration Board good cause for defaulting, the consumer will be allowed to reschedule, pursuant to § 1.9 of this Part.B. If a manufacturer or its designee requests to reschedule a hearing and it is not granted under § 1.9(A)(1) of this Part or fails to appear at the hearing, the panel shall hold a hearing. 1. The panel shall make a decision based upon the evidence presented by the consumer and any documentation submitted by the manufacturer to the panel prior to the hearing.2. If the manufacturer by the end of the next business day following the hearing demonstrates to the Motor Vehicle Arbitration Board good cause for defaulting, the manufacturer will be allowed to reschedule, pursuant to § 1.9 of this Part and the panel shall disregard any evidence presented by the consumer at the hearing.C. If both parties default, the disposition of the case shall be handled as if only the consumer defaulted, pursuant to §§ 1.10(A)(1) and (2) of this Part.470 R.I. Code R. 470-RICR-00-00-1.10