Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.414 - CONDUCT OF ORAL ARBITRATION HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) Upon
				receipt of the manufacturer's statement and filing fee, the department shall
				forward copies of the consumer's request for arbitration and the manufacturer's
				statement to the appointed arbitrators at lease five days prior to the
				scheduled hearing date.
(2) Each
				party at an oral arbitration hearing shall have the right to present evidence,
				cross-examine witnesses, enter objections and assert all other rights essential
				to a fair hearing.
(3) The
				chairperson of the arbitration panel shall preside at the arbitration hearing
				and shall require all witnesses to testify under oath or affirm that their
				statements are true to the best of their knowledge.
(4) The hearing shall be opened by the
				recording of the place, time and date, the identities of the arbitrators and
				parties and counsel, if any.
(5)
				The consumer shall then present his or her testimony and witnesses, who shall
				submit to questions by the opposing party and/or the arbitrators.
(6) The manufacturer shall then present its
				testimony and witnesses, who shall submit to questions by the opposing party
				and/or the arbitrators.
(7) If good
				cause is shown, the arbitrators may, at their discretion, vary these
				procedures. Any variance shall afford full and equal opportunity to all for the
				presentation of any material or relevant proofs and for the ensurance of all
				essential rights to a fair hearing.
(8) Exhibits offered by either party may be
				received in evidence. The names and addresses of all witnesses and exhibits in
				the order received shall be made a part of the record. The parties may offer
				such evidence as they desire and shall produce whatever additional evidence the
				arbitrators may deem necessary to an understanding and determination of the
				dispute. The arbitrators shall evaluate the relevancy and materiality of the
				evidence offered by both parties. The arbitration panel shall not be bound by
				the rules of evidence.
(9) The
				arbitrators may receive and consider evidence of witnesses not present at the
				hearing by affidavit, and give it such weight as the arbitrators deem
				appropriate, after considering any objections made to its submission.
(10) All documents requested by either party,
				if deemed relevant by the arbitrators, and all documents not filed at the time
				of the hearing but requested by arbitrators shall be submitted to the
				department by a specified date and transmitted to the arbitrators in a timely
				fashion and in no event later than five days prior to the date set for a
				decision. All parties shall be given an opportunity to examine or request
				copies of such documents.
(11) The
				arbitrators may schedule vehicle inspections, if deemed necessary.
(12) The hearing generally shall be completed
				within one session unless the arbitrators, for good cause and time permitting,
				schedule any additional hearing(s). After the arbitrators are satisfied that
				the presentations are complete, the chairperson of the panel shall declare the
				hearings closed.
(13) The hearings
				may be reopened by the arbitrators at will or upon motion of either party for
				good cause shown at any time before the decision or award is made.
(14) The arbitrators shall, after any
				necessary consultations among themselves or with a technical expert, render a
				decision not later than 60 days after the date the department has accepted the
				consumer's request for arbitration.
(15) Oral arbitration hearings shall be
				recorded.
(16) At the close of the
				arbitration hearing, either party may file a request for a written transcript
				of the proceedings. The party making the request shall be responsible for
				transcription costs. Any party requesting a copy of the transcript shall be
				charged for the cost of reproduction. If no request is filed, the department
				may order that a written transcript be prepared.
61-4-532,
					 MCA; IMP,
					 27-5-213,
					 61-4-515,
					 61-4-519,
					 MCA;