reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VII - FRANCHISE OFFERINGS › Part 201 - Procedural Regulations Governing Hearings Held Under The New York Franchise Sales Act › Section 201.5 - Personal appearance; representation by attorney

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any applicant who intends to avail
				himself of the opportunity to be heard shall personally appear on the date set
				forth in the notice of hearing, or any adjourned date, and shall be prepared to
				proceed. Any applicant may be represented at the hearing by an attorney. Such
				attorney shall notify the Attorney General in writing of his appearance on
				behalf of the applicant. Thereafter, all further notices, orders and
				communications from the Department of Law may be served upon such attorney, and
				such service shall be deemed to be service upon the applicant.
(b) Should the applicant fail to appear at
				the hearing or, having appeared, fail to make his defense, the hearing officer
				shall hear the evidence given by the Attorney General and shall make his
				findings and recommendations on the basis of the aforesaid evidence.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VII - FRANCHISE OFFERINGS › Part 201 - Procedural Regulations Governing Hearings Held Under The New York Franchise Sales Act › Section 201.6 - Hearing officers; assignment of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
The hearing shall be conducted by a hearing officer appointed
				  by the Attorney General or his designee. Hearings shall be assigned to a
				  particular hearing officer by the Attorney General or his designee. The hearing
				  officer shall be an attorney who has not worked on or otherwise become familiar
				  with the facts of the matter in issue, and shall exercise his or her judgment
				  independently and impartially.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VII - FRANCHISE OFFERINGS › Part 201 - Procedural Regulations Governing Hearings Held Under The New York Franchise Sales Act › Section 201.7 - Hearings to be public; stenographic record of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise ordered by the Attorney General in the
				  public interest, hearings held by the Attorney General to refuse registration
				  shall be open to the public. Stenographic records of hearings shall be made and
				  transcripts thereof may be furnished to any party upon payment to the
				  stenographer of the reasonable cost thereof, as established by the Department
				  of Law.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VII - FRANCHISE OFFERINGS › Part 201 - Procedural Regulations Governing Hearings Held Under The New York Franchise Sales Act › Section 201.8 - Application for adjournment

Current through Register Vol. 46, No. 28, July 10, 2024
An application for an adjournment shall be made to the
				  hearing officer and shall set forth in detail the grounds therefor.
				  Adjournments may be granted in the discretion of the hearing officer where good
				  cause exists.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VII - FRANCHISE OFFERINGS › Part 201 - Procedural Regulations Governing Hearings Held Under The New York Franchise Sales Act › Section 201.9 - Amendment of notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The notice of hearing may be amended upon application by the
				  trial examiner to the hearing officer at any time prior to the conclusion of
				  the hearing. If such application is granted, the hearing officer may, in his
				  discretion, grant additional time to the applicant for further
				  preparation.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VII - FRANCHISE OFFERINGS › Part 201 - Procedural Regulations Governing Hearings Held Under The New York Franchise Sales Act › Section 201.10 - Conduct of hearing; powers of hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
The hearing officer shall not be bound by common law or
				  statutory rules of evidence or by technical or formal rules of procedure in the
				  conduct of hearings. He shall have authority to administer oaths, issue
				  subpoenas, rule upon offers of evidence, and otherwise so regulate the course
				  of the hearings as to preserve fundamental concepts of fairness and to
				  effectuate the purposes and provisions of the act.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VII - FRANCHISE OFFERINGS › Part 201 - Procedural Regulations Governing Hearings Held Under The New York Franchise Sales Act › Section 201.11 - Opportunity to testify and cross-examine; issuance of subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant shall be afforded reasonable opportunity to
				  present testimony under oath, or other evidence relevant and material to the
				  subject matter of the hearing, and to cross-examine any witnesses who testify
				  at such hearing. At reasonable request of an applicant, the hearing officer
				  shall issue subpoenas to compel the attendance of witnesses and the giving of
				  testimony or production of other evidence. The applicant shall effect his own
				  service.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VII - FRANCHISE OFFERINGS › Part 201 - Procedural Regulations Governing Hearings Held Under The New York Franchise Sales Act › Section 201.12 - Interrogatories

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where it has
				been determined that a witness who is outside the State of New York will
				voluntarily answer interrogatories, the trial examiner may prepare
				interrogatories to be answered by such witness and the applicant shall have the
				opportunity to prepare cross-interrogatories as prescribed in this
				section.
(b) The interrogatories
				and cross-interrogatories shall be settled and forwarded by the hearing officer
				to be answered in writing and subscribed to under oath by such witness. Upon
				application to the Attorney General, the Attorney General may make an order
				providing for the taking of such witness's oral testimony pursuant to the
				settled interrogatories by a person designated by the Attorney General. The
				expenses of taking such testimony shall be borne by the applicant therefor
				unless the Attorney General provides otherwise.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VII - FRANCHISE OFFERINGS › Part 201 - Procedural Regulations Governing Hearings Held Under The New York Franchise Sales Act › Section 201.13 - Oral argument; briefs

Current through Register Vol. 46, No. 28, July 10, 2024
Oral arguments shall be made only before the hearing officer
				  and shall be included in the record of the hearing. Such oral arguments may, in
				  the discretion of the hearing officer, be curtailed, provided that a party
				  shall be given an opportunity to submit his argument in writing. Briefs as to
				  facts or law shall be received and may be requested to be submitted. The
				  hearing officer may fix the time within which briefs shall be filed. Briefs
				  received subsequent to such time need not be considered.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VII - FRANCHISE OFFERINGS › Part 201 - Procedural Regulations Governing Hearings Held Under The New York Franchise Sales Act › Section 201.14 - Hearing officer's report; exceptions to report

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the conclusion of a hearing, the hearing officer shall
				  by written memorandum set forth his findings and orders.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VII - FRANCHISE OFFERINGS › Part 201 - Procedural Regulations Governing Hearings Held Under The New York Franchise Sales Act › Section 201.15 - Petition to reopen hearing

Current through Register Vol. 46, No. 28, July 10, 2024
After the conclusion of a hearing but prior to the making of
				  an order, a hearing may, upon petition and in the discretion of the hearing
				  officer, be reopen for the presentation of new evidence. Such petition to
				  reopen the hearing shall state in detail the nature of the new evidence,
				  together with the reasons for the failure to submit such evidence prior to the
				  conclusion of the hearing. The hearing officer may, upon his or her own motion
				  and upon reasonable notice to the parties, reopen a hearing for the
				  presentation of additional evidence.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VII - FRANCHISE OFFERINGS › Part 201 - Procedural Regulations Governing Hearings Held Under The New York Franchise Sales Act › Section 201.16 - Orders of the attorney general

Current through Register Vol. 46, No. 28, July 10, 2024
All orders of the hearing officer shall be in writing and
				  shall be filed with the Department of Law, which shall cause certified copies
				  thereof to be served upon the applicant.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
				regulations are promulgated pursuant to the "New York Lemon Law," General
				Business Law ("GBL") section 198-a, as amended by chapter 799 of the Laws of
				1986, and section 198-b, as amended by chapter 609 of the Laws of 1989. They
				set forth the procedures for the operation of an alternative arbitration
				mechanism (the "Programs") as required by GBL section 198-a(k) and GBL section
				198-b(f)(3).
(b) These regulations
				are designed to promote the independent, speedy, efficient and fair disposition
				of disputes concerning defective new and used motor vehicles.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise stated, terms used in these regulations are as defined in GBL section
				198-a or 198-b.
(b) The term
				administrator shall mean a professional arbitration firm or individual
				appointed by the Attorney General to administer the program.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.3 - Appointment of administrator

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The Attorney General shall appoint an Administrator or Administrators to a
				definite term not to exceed two years. The term shall be renewable.
(b) The following criteria shall be
				considered in the selection of the administrator: capability, objectivity,
				nonaffiliation with a manufacturer's arbitration program, reliability,
				experience, financial stability, extent of geographic coverage, and fee
				structure.
(c) The Attorney General
				shall give appropriate public notice at least 60 days prior to the expiration
				of the administrator's term inviting any interested qualified party to apply in
				writing for the position of administrator within 30 days from the date of the
				public notice.
(d) Upon a vacancy
				occurring prior to the expiration of the administrator's term, the time periods
				in subdivision (c) of this section shall not apply and the Attorney General
				shall take appropriate steps to assure the continued administration of the
				program.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.4 - Consumer's request for arbitration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Attorney General shall prescribe and
				make available "Request for Arbitration" forms for both GBL section 198-a and
				GBL section 198-b claims. To apply for arbitration under the Program, a
				consumer shall obtain, complete and submit the appropriate form to the Attorney
				General.
(b) Those consumers
				wishing a hearing on documents only shall so indicate on the form.
(c) For a GBL section 198-a claim, the
				consumer shall indicate on the form his/her choice of remedy (i.e., either
				refund or comparable replacement vehicle), in the event the arbitrator rules in
				favor of the consumer. Such choice shall be followed by the arbitrator unless
				the consumer advises the Administrator in writing of a change in his/her choice
				of remedy prior to the arbitrator's rendering of a decision.
(d) Upon receipt, the Attorney General shall
				date-stamp and assign a case number to the form.
(e) The Attorney General shall review the
				submitted form for completeness and eligibility and shall either accept it or
				reject it.
(f) If the form is
				rejected by the Attorney General, the Attorney General shall promptly return
				the form, notifying the consumer in writing of the reasons for the rejection
				and, where possible, inviting the consumer to correct the
				deficiencies.
(g) If the form is
				accepted by the Attorney General, he shall refer it to the administrator for
				processing. The Attorney General shall promptly notify the consumer in writing
				of the acceptance of the form and of its referral to the administrator. Such
				notice shall also advise the consumer to pay the prescribed filing fee directly
				to the administrator.
(h) If, after
				30 days from the date of the notice of acceptance, the administrator fails to
				receive the prescribed filing fee, the administrator shall promptly advise the
				consumer in writing that unless such fee is received within 60 days from the
				date of the first notice, the form will be returned and the case marked closed.
				After such time, if the consumer wishes to pursue a claim under the program,
				(s)he must submit a new form to the Attorney General.
(i) Participation in any informal dispute
				resolution mechanism that is not binding on the consumer shall not affect the
				eligibility of a consumer to participate in either program.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.5 - Filing date

Current through Register Vol. 46, No. 28, July 10, 2024
On the day the administrator receives the prescribed filing
				  fee, the administrator shall date-stamp the request for arbitration form. Such
				  date shall be considered the filing date.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.6 - Assignment of arbitrator

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				After the filing date, the administrator shall assign an arbitrator to hear and
				decide the case. Notice of assignment shall be mailed to the arbitrator and the
				parties along with a copy of these regulations and GBL section 198-a or GBL
				section 198-b, whichever is applicable.
(b) The arbitrator assigned shall not have
				any bias, any financial or personal interest in the outcome of the hearing, or
				any current connection to the sale or manufacture of motor vehicles.
(c) Upon a finding by the administrator, at
				any stage of the process, of grounds to disqualify the arbitrator, the
				administrator shall dismiss the arbitrator and assign another arbitrator to the
				case.
(d) If any arbitrator should
				resign, die, withdraw or be unable to perform the duties of his/her position,
				the administrator shall assign another arbitrator to the case and the period to
				render a decision shall be extended accordingly.
(e) Arbitrators shall undergo training
				established by the administrator and the Attorney General. This training shall
				include procedural techniques, the duties and responsibilities or arbitrators
				under the Programs, and the substantive provisions of GBL section 198-a for
				those arbitrators hearing GBL section 198-a claims, and the substantive
				provisions of GBL section 198-b for those arbitrators hearing GBL section 198-b
				claims.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.8 - Adjournments

Current through Register Vol. 46, No. 28, July 10, 2024
Either party may make a request to reschedule the hearing.
				  Except in unusual circumstances, such request shall be made to the
				  administrator orally or in writing at least two business days prior to the
				  hearing date. Upon a finding of good cause, the arbitrator may reschedule the
				  hearing. In unusual circumstances, the arbitrator may reschedule the hearing at
				  any time prior to its commencement.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.9 - Request for additional information or documents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A party, by application in writing to the
				administrator, may request the arbitrator to direct the other party to produce
				any documents or information. The arbitrator shall, upon receiving such
				request, or on his/her own initiative, direct the production of documents or
				information which (s)he believes will reasonably assist a party in presenting
				his/her case or assist the arbitrator in deciding the case. The arbitrator's
				direction for the production of documents and information shall allow a
				reasonable time for the gathering and production of such documents and
				information.
(b) All documents and
				information forwarded in compliance with the arbitrator's direction shall be
				legible and received no later than three business days prior to the date of the
				hearing. Each party shall bear its own photocopying costs.
(c) Upon failure of a party to comply with
				the arbitrator's direction to produce documents and/or information, the
				arbitrator may draw a negative inference concerning any issue involving such
				documents or information.
(d) The
				term documents in this section shall include, but not be limited to, relevant
				manufacturer's service bulletins, dealer work orders, diagnoses, bills, and all
				communications relating to the consumer's claim.
(e) At the request of either party or on
				his/her own initiative, the arbitrator, when (s)he believes it appropriate, may
				subpoena any witnesses to appear or documents to be presented at the
				hearing.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.10 - Representation by counsel or third party

Current through Register Vol. 46, No. 28, July 10, 2024
Any party may be represented by counsel or assisted by any
				  third party.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.11 - Interpreters

Current through Register Vol. 46, No. 28, July 10, 2024
Any party wishing an interpreter shall make the necessary
				  arrangements and assume the costs for such service.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.12 - Hearing procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The conduct of the hearing shall afford each party a full and equal opportunity
				to present his/her case.
(b) The
				arbitrator shall administer an oath or affirmation to each individual who
				testifies.
(c) Formal rules of
				evidence shall not apply; the parties may introduce any relevant
				evidence.
(d) The arbitrator shall
				receive in evidence a decision rendered in a previous arbitration which was not
				binding on the consumer and give it such weight as the arbitrator deems
				appropriate.
(e) The arbitrator
				shall receive relevant evidence of witnesses by affidavit, and such affidavits
				shall be given such weight as the arbitrator deems appropriate.
(f) The arbitrator shall have discretion to
				examine or ride in the consumer's vehicle. Both parties shall be afforded the
				opportunity to be present and accompany the arbitrator on any such examination
				or ride.
(g) The consumer shall
				first present evidence in support of his/her claim, and the manufacturer or the
				dealer, as applicable, shall then present its evidence. Each party may question
				the witnesses called by the other. The arbitrator may question any party or
				witness at any time during the hearing.
(h) The arbitrator shall maintain decorum at
				the hearing.
(i) The arbitrator may
				request additional evidence after the closing of the hearing. All such evidence
				shall be submitted to the administrator for transmission to the arbitrator and
				the parties.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.13 - Hearing on documents only

Current through Register Vol. 46, No. 28, July 10, 2024
If the hearing is on documents only, all documents shall be
				  submitted to the administrator no later than 30 days from the filing date. The
				  arbitrator shall render a timely decision based on all documents
				  submitted.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.14 - Defaults

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon the
				failure of a party to appear at an oral hearing, the arbitrator shall
				nevertheless conduct the hearing and render a timely decision based on the
				evidence presented and documents contained in the file.
(b) If neither party appears at the hearing,
				the arbitrator shall return the case to the Administrator who shall close it
				and so notify the parties.
(c) In a
				documents-only hearing, where the manufacturer or the dealer, fails to respond
				to the claim, the arbitrator shall render a decision based upon the documents
				contained in the file.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.15 - Withdrawal or settlement prior to decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A consumer may withdraw his/her request
				for arbitration at any time prior to decision. If the administrator is notified
				by the consumer of his/her request to withdraw the claim within seven business
				days of the filing date, the administrator shall refund the filing
				fee.
(b) If the parties agree to a
				settlement more than seven business days after the filing date but prior to the
				issuance of a decision, they shall notify the administrator in writing of the
				terms of the settlement. Upon the request of the parties, the arbitrator shall
				issue a decision reflecting the settlement.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.16 - The decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The arbitrator shall render a decision within 40 days of the filing date which
				shall be in writing on a form prescribed by the administrator and approved by
				the Attorney General. The decision shall be dated and signed by the
				arbitrator.
(b) In his/her
				decision, the arbitrator shall determine whether the consumer qualifies for
				relief pursuant to GBL section 198-a or GBL section 198-b, as appropriate. If
				the arbitrator finds that the consumer qualifies, (s)he shall award the
				specific remedies prescribed by the applicable statute.
(c) The decision shall specify the monetary
				award where applicable. A calculation of the amount, in accordance with GBL
				section 198-a or GBL section 198-b, as applicable, shall be included in the
				decision. The decision shall also award the prescribed filing fee to a
				successful consumer.
(d) The
				decision shall, where applicable, require that any action required by the
				manufacturer or the dealer, be completed within 30 days from the date the
				administrator notifies the manufacturer or the dealer, of the
				decision.
(e) The administrator
				shall review the decision for technical completeness and accuracy and advise
				the arbitrator of any suggested technical corrections, such as computational,
				typographical or other minor corrections. Such changes shall be made only with
				the consent of the arbitrator.
(f)
				After review, the administrator shall, within 45 days of the filing date, mail
				a copy of the final decision to both parties, the arbitrator, and the Attorney
				General. The date of mailing to the parties shall be date-stamped by the
				administrator on the decision as the date of issuance.
(g) Failure to mail the decision to the
				parties within the specified time period or failure to hold the hearing within
				the prescribed time shall not invalidate the decision.
(h) The arbitrator's decision is binding on
				both parties and is final, subject only to judicial review pursuant to CPLR,
				article 75. The decision shall include a statement to this effect.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.17 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				administrator shall keep all records pertaining to each arbitration for a
				period of at least two years and shall make the records of a particular
				arbitration available for inspection upon written request by a party to that
				arbitration, and shall make records of all arbitrations available to the
				Attorney General upon written request.
(b) The administrator shall maintain such
				records and statistics for both Programs as are required by GBL section
				198-a(m)(3).
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 300 - New York New And Used Car Lemon Law Arbitration Program › Section 300.18 - Miscellaneous provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				All communications between the parties and the arbitrator, other than at oral
				hearings, shall be directed to the administrator.
(b) If any provision of these regulations or
				the application of such provision to any persons or circumstances shall be held
				invalid, the validity of the remainder of these regulations and the
				applicability of such provision to other persons or circumstances shall not be
				affected thereby.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
				regulations are promulgated pursuant to General Business Law ("GBL") article
				32, as added by Chapter 532 of the Laws of 1993. They set forth the procedures
				for the operation of an alternative arbitration mechanism (the "program") as
				required by GBL section 670(4).
(b)
				These regulations are designed to promote the independent, speedy, efficient
				and fair disposition of disputes concerning defective motorized
				wheelchairs.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise stated, terms used in these regulations are as defined in GBL section
				670.
(b) The term Administrator
				shall mean a professional arbitration firm or individual appointed by the
				Attorney General to administer the program.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.3 - Appointment of administrator

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The Attorney General shall appoint an administrator or administrators to a
				definite term not to exceed two years. The term shall be renewable.
(b) The following criteria shall be
				considered in the selection of an administrator: capability, objectivity,
				nonaffiliation with a wheelchair manufacturer or vendor, reliability,
				experience, financial stability, extent of geographic coverage, and fee
				structure.
(c) The Attorney General
				shall give appropriate public notice at least 60 days prior to the expiration
				of an administrator's term inviting any interested qualified party to apply in
				writing for the position of administrator within 30 days from the date of the
				public notice.
(d) Upon a vacancy
				occurring prior to the expiration of an administrator's term, the time periods
				in subdivision (c) of this section shall not apply and the Attorney General
				shall take appropriate steps to assure the continued administration of the
				program.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.4 - Consumer's request for arbitration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Attorney General shall prescribe and
				make available "Request for Arbitration" forms for GBL section 670 claims. To
				apply for arbitration under the program, a consumer shall obtain, complete and
				submit the appropriate form to the Attorney General.
(b) Those consumers wishing a hearing on
				documents only shall so indicate on the form.
(c) For a GBL section 670 claim, the consumer
				shall indicate on the form his/her choice of remedy (i.e., either refund or
				comparable new replacement motorized wheelchair), in the event the arbitrator
				rules in favor of the consumer. Such choice shall be followed by the arbitrator
				unless the consumer advises the administrator in writing of a change in his/her
				choice of remedy prior to the arbitrator's rendering of a decision.
(d) Upon receipt, the Attorney General shall
				assign a case number to the form.
(e) The Attorney General shall review the
				submitted form for completeness and eligibility and shall either accept it or
				reject it.
(f) If the form is
				rejected by the Attorney General, the Attorney General shall promptly return
				the form, notifying the consumer in writing of the reasons for the rejection
				and, where possible, inviting the consumer to correct the
				deficiencies.
(g) If the form is
				accepted by the Attorney General, he shall refer it to the administrator for
				processing. The Attorney General shall promptly notify the consumer in writing
				of the acceptance of the form and of its referral to the administrator. Such
				notice shall also advise the consumer to pay the prescribed filing fee directly
				to the administrator.
(h) If, after
				30 days from the date of the notice of acceptance, the administrator fails to
				receive the prescribed filing fee from the consumer, the administrator shall
				promptly advise the consumer in writing that unless such fee is received within
				60 days from the date of the first notice, the form will be returned and the
				case marked closed. After such time, if the consumer wishes to pursue a claim
				under the program, (s)he must submit a new form to the Attorney
				General.
(i) Participation in any
				informal dispute resolution mechanism that is not binding on the consumer shall
				not affect the eligibility of a consumer to participate in the
				program.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.5 - Filing date

Current through Register Vol. 46, No. 28, July 10, 2024
On the day the administrator receives the prescribed filing
				  fee, the administrator shall date stamp the "Request for Arbitration" form.
				  Such date shall be considered the "filing date".
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.6 - Assignment of arbitrator

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				After the filing date, the administrator shall assign an arbitrator to hear and
				decide the case. Notice of assignment shall be mailed to the arbitrator and the
				parties along with a copy of these regulations and GBL section 670.
(b) The arbitrator assigned shall not have
				any bias, any financial or personal interest in the outcome of the hearing, or
				any current connection to the sale or manufacture of motorized
				wheelchairs.
(c) Upon a finding by
				the administrator, at any stage of the process, of grounds to disqualify the
				arbitrator, the administrator shall dismiss the arbitrator and assign another
				arbitrator to the case.
(d) If any
				arbitrator should resign, die, withdraw or be unable to perform the duties of
				his/her position, the administrator shall assign another arbitrator to the case
				and the period to render a decision shall be extended accordingly.
(e) Arbitrators shall undergo training
				established by the administrator and the Attorney General. This training shall
				include procedural techniques, the duties and responsibilities of arbitrators
				under the program, and the substantive provisions of GBL section 670.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.8 - Adjournments

Current through Register Vol. 46, No. 28, July 10, 2024
Either party may make a request to adjourn and reschedule the
				  hearing. Except in unusual circumstances, such request shall be made to the
				  administrator, orally or in writing, at least two business days prior to the
				  hearing date. Upon a finding of good cause, the arbitrator may reschedule the
				  hearing. In unusual circumstances, the arbitrator may reschedule the hearing at
				  any time prior to its commencement.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.9 - Request for additional information or documents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A party, by application in writing to the
				administrator, may request the arbitrator to direct the other party to produce
				any documents or information. The arbitrator shall, upon receiving such
				request, or on his or her own initiative, direct the production of documents or
				information which she or he believes will reasonably assist a party in
				presenting his or her case or assist the arbitrator in deciding the case. The
				arbitrator's direction for the production of documents and information shall
				allow a reasonable time for the gathering and production of such documents and
				information.
(b) All documents and
				information forwarded in compliance with the arbitrator's direction shall be
				legible and received no later than three business days prior to the date of the
				hearing. Each party shall bear its own photocopying costs.
(c) Upon failure of a party to comply with
				the arbitrator's direction to produce documents and/or information, the
				arbitrator may draw a negative inference concerning any issue involving such
				documents or information.
(d) The
				term documents in this section shall include, but not be limited to, relevant
				manufacturer's service bulletins, dealer work orders, diagnoses, bills, and all
				communications relating to the consumer's claim.
(e) At the request of either party or on his
				or her own initiative, the arbitrator, when she or he believes it appropriate,
				may subpoena any witnesses to appear or documents to be presented at the
				hearing.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.10 - Representation by counsel or third party

Current through Register Vol. 46, No. 28, July 10, 2024
Any party may be represented by counsel or assisted by any
				  third party.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.11 - Interpreters

Current through Register Vol. 46, No. 28, July 10, 2024
Any party wishing a foreign language interpreter shall make
				  the necessary arrangements and assume the costs for such
				  service.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.12 - Hearing procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The conduct of the hearing shall afford each party a full and equal opportunity
				to present his/her case.
(b) The
				arbitrator shall administer an oath or affirmation to each individual who
				testifies.
(c) Formal rules of
				evidence shall not apply; the parties may introduce any relevant
				evidence.
(d) The arbitrator shall
				receive in evidence a decision rendered in a previous arbitration which was not
				binding on the consumer and give it such weight as the arbitrator deems
				appropriate.
(e) The arbitrator
				shall receive relevant evidence of witnesses by affidavit and such affidavits
				shall be given such weight as the arbitrator deems appropriate.
(f) The arbitrator shall have discretion to
				examine the consumer's motorized wheelchair. Both parties shall be afforded the
				opportunity to be present and accompany the arbitrator on any such
				examination.
(g) The consumer shall
				first present evidence in support of his/her claim, and the manufacturer shall
				then present its evidence. Each party may question the witnesses called by the
				other. The arbitrator may question any party or witness at any time during the
				hearing.
(h) The arbitrator shall
				maintain decorum at the hearing.
(i) The arbitrator may request additional
				evidence after the closing of the hearing. All such evidence shall be submitted
				to the administrator for transmission to the arbitrator and the
				parties.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.13 - Hearing on documents only

Current through Register Vol. 46, No. 28, July 10, 2024
If the hearing is on documents only, all documents shall be
				  submitted to the administrator no later than 30 days from the filing date. The
				  arbitrator shall render a timely decision based on all documents
				  submitted.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.14 - Defaults

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon the
				failure of a party to appear at an oral hearing, the arbitrator shall
				nevertheless conduct the hearing and render a timely decision based on the
				evidence presented and documents contained in the file.
(b) If neither party appears at a scheduled
				oral hearing, the arbitrator shall return the case to the administrator who
				shall close it without a decision and so notify the parties.
(c) In a documents-only hearing, where the
				manufacturer fails to respond to the claim, the arbitrator shall render a
				decision based upon the documents contained in the file.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.15 - Withdrawal or settlement prior to decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A consumer may withdraw his/her request
				for arbitration at any time prior to decision. If the administrator is notified
				by the consumer of his/her request to withdraw the claim within seven business
				days of the filing date, the administrator shall refund the filing
				fee.
(b) If the parties agree to a
				settlement more than seven business days after the filing date but prior to the
				issuance of a decision, they shall notify the administrator in writing of the
				terms of the settlement. Upon the request of the parties, the arbitrator shall
				issue a decision reflecting the settlement.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.16 - The decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The arbitrator shall render a decision within 40 days of the filing date which
				shall be in writing on a form prescribed by the administrator and approved by
				the Attorney General. The decision shall be dated and signed by the
				arbitrator.
(b) In his/her
				decision, the arbitrator shall determine whether the consumer qualifies for
				relief pursuant to GBL section 670. If the arbitrator finds that the consumer
				qualifies, (s)he shall award the specific remedies prescribed by the applicable
				statute.
(c) The decision shall
				specify the monetary award where applicable. A calculation of the amount, in
				accordance with GBL section 670, shall be included in the decision. The
				decision shall also award the prescribed filing fee and any telephone costs
				incurred pursuant to section
				301.7(h) 
				of this Part to a successful consumer.
(d) The decision shall, where applicable,
				require that any action required by the manufacturer, be completed within 30
				days from the date the administrator notifies the manufacturer of the
				decision.
(e) The administrator
				shall review the decision for technical completeness and accuracy and advise
				the arbitrator of any suggested technical corrections, such as computational,
				typographical or other minor corrections. Such changes shall be made only with
				the consent of the arbitrator.
(f)
				After review, the administrator shall, within 45 days of the filing date, mail
				a copy of the final decision to both parties, the arbitrator, and the Attorney
				General. The date of mailing to the parties shall be date-stamped by the
				administrator on the decision as the date of issuance.
(g) Failure to mail the decision to the
				parties within the specified time period or failure to hold the hearing within
				the prescribed time shall not invalidate the decision.
(h) The arbitrator's decision is binding on
				both parties and is final, subject only to judicial review pursuant to CPLR,
				article 75. The decision shall include a statement to this effect.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.17 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				administrator shall keep all records pertaining to each arbitration for a
				period of at least two years and shall make the records of a particular
				arbitration available for inspection upon written request by a party to that
				arbitration, and shall make records of all arbitrations available to the
				Attorney General upon written request.
(b) The administrator shall maintain such
				records and statistics for the program.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.18 - Accommodations for the disabled

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Any party may make a request for reasonable accommodations, including access
				and auxiliary aids and services, in accordance with the Americans with
				Disabilities Act (42 USC
				12101, et seq.) and the regulations
				thereunder ( 28 CFR part 35) as such act and regulations may, from time to time,
				be amended.
(b) The Attorney
				General shall prescribe and make available "Request for Reasonable
				Accommodations" forms for GBL section 670 claims. To apply for reasonable
				accommodations under the program, a consumer shall obtain, complete and submit
				the appropriate form at the same time and together with the "Request for
				Arbitration" form to the Attorney General.
(c) The Attorney General shall implement
				procedures to assure that all reasonable requests are granted.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 301 - New York Motorized Wheelchair Arbitration Program Regulations › Section 301.19 - Miscellaneous provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				All communications between the parties and the arbitrator, other than at oral
				hearings, shall be directed to the administrator.
(b) If any provision of these regulations or
				the application of such provision to any persons or circumstances shall be held
				invalid, the validity of the remainder of these regulations and the
				applicability of such provision to other persons or circumstances shall not be
				affected thereby.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 302 - Auto Leasing Arbitration Program Regulations › Section 302.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
				regulations are promulgated pursuant to section 343 (5)(b)  of the Personal
				Property Law ("PPL") and set forth the procedures for the operation of an
				alternative arbitration mechanism (the "Program").
(b) These regulations are designed to promote
				the independent, speedy, efficient and fair disposition of disputes concerning
				the assessment of excess wear and/or damage to leased vehicles.