Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 19.00 - Customized Wheelchair Arbitration › Section 19.01 - Purpose and Definitions

Current through Register 1525, July 5, 2024
(1)
Purpose
. 201 CMR 19.00 sets forth the procedures for
			 the operation and administration of a state administered, customized wheelchair
			 arbitration program. It is designed to promote the speedy, efficient, and fair
			 disposition of disputes arising from a consumer's private purchase or lease of
			 a new, but defective, customized wheelchair when the consumer has paid all or
			 some costs out of pocket.
(2)
Scope
. 201 CMR 19.00 shall apply to state
			 administered, customized wheelchair arbitration services for consumers who have
			 paid all or some costs out of pocket for their private purchase or lease of a
			 new customized wheelchair.
(3)
Definitions
. Unless otherwise stated, terms used in
			 201 CMR 19.00 are as defined or used in M.G.L. c. 93, § 107.
Applicant
. The consumer under M.G.L c.
				93, § 107, who files a request, on an approved form, for arbitration
				before an OCABR approved arbitrator claiming a defective customized
				wheelchair.
Arbitrator
. The individual or entity
				approved and appointed by the Undersecretary of the Office of Consumer Affairs
				and Business Regulation to conduct customized wheelchair arbitrations.
Award/Appeal Period
. The 21-day period
				for compliance with or appeal of a finding in favor of the consumer by the
				arbitrator.
Continuing Costs
. All incidental costs
				accrued during that period after the hearing and before the consumer has been
				tendered a full refund for or replacement of the customized wheelchair as
				ordered while the consumer is still in possession of the defective, customized
				wheelchair.
Customized Wheelchair
. A new manual or
				motorized wheeled device which is adapted to meet the specific needs of a
				particular individual's disability, excluding an automobile, van or truck and
				for which a consumer pays all or some costs out of pocket for their private
				purchase or lease.
Consumer
.
(a) The purchaser of a new customized
			 wheelchair if such wheelchair was purchased from a customized wheelchair dealer
			 or manufacturer for purposes other than resale;
(b) A person to whom the customized
			 wheelchair is transferred for purposes other than resale, if such transfer
			 occurs before the expiration of an express warranty applicable to such
			 wheelchair;
(c) A person who may
			 enforce the warranty; or
(d) A
			 person who leases a customized wheelchair from a customized wheelchair lessor
			 under a written lease. Excluded from
Consumer
is any
			 individual who received a customized wheelchair provided by or through the
			 Commonwealth, its agencies, bureaus, boards, commissions, authorities,
			 quasi-public agencies, or any of its political subdivisions, or any nonprofit
			 organization.
Customized Wheelchair Dealer
. A person
				in the business of selling customized wheelchairs.
Customized Wheelchair Lessor
. A person
				who leases a customized wheelchair to a consumer or who holds the lessor's
				rights under a written lease.
Manufacturer
. A person or his agent
				who manufactures or assembles customized wheelchairs, including an importer,
				distributor, factory branch, distributor branch and warrantors of the
				manufacturer's customized wheelchair; provided, however,
Manufacturer
shall not include a customized wheelchair
				dealer.
Nonconformity
. A condition or defect
				that substantially impairs the use, value or safety of a customized wheelchair
				and which is covered by an express warranty applicable to the customized
				wheelchair or to a component of the customized wheelchair.
Nonconformity
shall not include a condition or defect
				which results from abuse, neglect or the unauthorized modification or
				alteration of the customized wheelchair by a consumer.
OCABR
. The Office of Consumer Affairs
				and Business Regulation.
Reasonable Attempt To Repair
. Any of
				the following occurring within the term of an express warranty period
				applicable to a new customized wheelchair within one year after delivery of the
				customized wheelchair to a consumer, whichever occurs first:
(a) A nonconformity within the warranty is
			 subject to repair at least four times by the manufacturer, customized
			 wheelchair lessor, or any of the manufacturer's authorized dealers and the
			 nonconformity continues; or
(b) The
			 customized wheelchair is out of service for an aggregate of at least 30 days
			 because of a warranty nonconformity.
Request for Arbitration Form
. The form
				provided by the Undersecretary of OCABR to applicants filing for
				arbitration.