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 301.7 - Scheduling of arbitration hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each manufacturer of motorized
				wheelchairs sold in New York shall furnish to the Attorney General a copy of
				its warranty and notify him, in writing within 10 days after the effective date
				of these regulations [November 10, 1993], of the name, address and telephone
				number of the person designated to receive notices under this 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 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 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.
(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, 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) 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.