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 300.7 - Scheduling of arbitration hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each manufacturer of cars sold in New
				York shall notify the Attorney General in writing, within 10 days after the
				effective date [January 26, 1987] of these regulations, of the name, address
				and telephone number of the person designated to receive notices under the GBL,
				section 198-a program. Such information shall be presumed correct unless
				updated by the manufacturer.
(b)
				The arbitration shall be conducted as an oral hearing unless the consumer has
				requested, on the "Request for Arbitration" form, a hearing on documents only
				and both parties agree to a documents only hearing; provided, however, that the
				parties may mutually agree in writing to change the mode of hearing. Upon such
				change, the parties shall notify the administrator who shall comply with the
				request and, where necessary, such request shall waive the 40-day limit in
				which a decision must be rendered.
(c) Within five days of the filing date, the
				administrator shall send the manufacturer's designee or the dealer, as
				appropriate, a copy of the consumer's completed form along with a notice that
				it may respond in writing. Such response shall be sent in triplicate, within 15
				days of the filing date, to the administrator, who shall promptly forward one
				copy to the consumer.
(d) The
				consumer may respond in writing to the manufacturer's or dealer's submission
				within 25 days of the filing date. Such response shall be sent in triplicate to
				the administrator, who shall promptly forward a copy to the manufacturer or the
				dealer.
(e) An oral hearing, where
				appropriate, shall be scheduled no later than 35 days from the filing date,
				unless a later date is agreed to by both parties. The administrator shall
				notify both parties of the date, time and place of the hearing at least eight
				days prior to its scheduled date.
(f) Hearings shall be scheduled to
				accommodate, where possible, time-of-day needs of the consumer and the
				manufacturer or the dealer, including evening and weekend hours.
(g) Hearings shall also be scheduled to
				accommodate geographic needs of the consumer. Regular hearing sites shall be
				established at locations designated by the administrator, including in the
				following areas: Albany, Binghamton, Buffalo, Nassau County, New York City,
				Plattsburgh, Poughkeepsie, Rochester, Suffolk County, Syracuse, Utica,
				Watertown, and Westchester. No hearing site established by the Administrator
				shall be discontinued without the approval of the Attorney General. In
				addition, where a regular site is more than 100 miles from the consumer's
				residence, a hearing must be scheduled at the request of the consumer at a
				location designated by the Administrator within 100 miles of the consumer's
				residence.
(h) In unusual
				circumstances, a party may present its case by telephone, provided that
				adequate advance notice is given to the administrator and to the other party.
				In such cases, the arbitrator and both parties shall be included and the party
				requesting the telephonic hearing shall pay all costs associated
				therewith.