California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 3 - Minimum Standards for Arbitration Programs › Section 3398.11 - Replacement and Refund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				If the dispute involves the fact or allegation of a substantial nonconformity
				(Section 3396.1(m)) that
				has not been rectified, this section shall apply.
(b) In determining whether the consumer is
				entitled to a replacement or refund, the arbitrator shall take into account the
				standards expressed in Civil Code Section
				1793.2(d)
				and
				1793.22, if
				those standards are applicable under the circumstances of the dispute. For
				purposes of this section, "take into account" means to be aware of the
				standards; to understand how they might apply to the circumstances of the
				particular dispute; and to apply them if it is legally proper and fair to both
				parties to do so.
(c) If the
				decision provides for a replacement or refund, and is subject to Civil Code
				Section
				1793.2(d),
				the decision shall require the manufacturer to replace the motor vehicle or
				make restitution in accordance with Civil Code Sections
				1793.2(d)(2)(A),
				(B) and (C). The decision shall include payment of incidental damages to the
				extent authorized by the applicable law including Commercial Code Sections
				2711 to
				2715
				inclusive, and Civil Code Sections
				1793.2(d)(2)
				and
				1794(a) and
				(b); and shall include all reasonable repair,
				towing and rental car costs, any sales or use tax, license fees, registration
				fees, other official fees, prepayment penalties, early termination charges and
				earned finance charges, if actually paid, incurred or to be incurred by the
				consumer (but need not include charges for which the consumer is justly
				responsible). If the arbitrator decides that the manufacturer is entitled to an
				offset for mileage, the offset shall be calculated in conformance with Civil
				Code Section
				1793.2(d)(2)(C).
(d) The arbitration program may adopt
				procedures by which the staff of the program may calculate the exact amount of
				the mileage offset and any damages in conformance with the decision of the
				arbitrator and Civil Code Section
				1793.2(d)(2)(A),
				(B) and (C). In the exercise of these duties, the staff may only act in a
				clerical or ministerial capacity, and may not exercise any decision-making
				function, which shall be performed by the arbitrator only.
1. New section
				  filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change
				  without regulatory effect amending NOTE filed 8-31-94 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 94, No. 35).
3. Change without regulatory
				  effect amending subsection (b) filed 3-31-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 13).
Note: Authority cited: Sections
					 472.1(b)
					 and
					 472.4(f),
					 Business and Professions Code. Reference: Sections
					 1793.2(d)(2),
					 1793.22(c),
					 1793.22(d)(5) and
					 (7) and
					 1794(a) and
					 (b), Civil
					 Code.