I recently received an inquiry from a Board member regarding a situation in which a consumer had refused a Board request to permit an independent inspection. The Board member inquired as to what impact, if any, this refusal should have on the Board's decision.
Boards have an unrestricted right to request an independent inspection of a consumer's vehicle.
In requesting an inspection, the Board is attempting to obtain additional, independent information regarding the condition of the vehicle or the nature or extent of a particular problem. Obtaining that information via an inspection will necessarily cause a delay of a month in the rendering of the Board's decision. Participation in the DSB is, of course' voluntary on the part of the consumer. Accordingly, there is nothing the Board can do to compel the consumer to agree to a Board request to submit to an independent inspection. This does not mean, however, that a consumer's refusal to allow an inspection should necessarily and conclusively decide the case.