reglab/statecodes huggingface dataset:
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 302.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise stated, terms used in these regulations are as defined in PPL article
				9-A.
(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 302 - Auto Leasing Arbitration Program Regulations › Section 302.3 - Appointment of administrator

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The Attorney General shall appoint an administrator initially to a 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 holder or a holder'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 an administrator's term, the time periods
				in subdivision (c) 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 302 - Auto Leasing Arbitration Program Regulations › Section 302.4 - Lessee's request for arbitration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The Attorney General shall prescribe and make available a "Request for
				Arbitration" form. To apply for arbitration under the program, a lessee shall
				complete and submit the prescribed form to the Attorney General.
(b) Those lessees wishing a hearing on
				documents only shall so indicate on the form.
(c) Upon receipt of the submitted form, the
				Attorney General shall assign a case number and review it for completeness and
				eligibility and shall accept or reject it.
(d) If the form is rejected, the Attorney
				General shall promptly return the form to the lessee, indicating in writing the
				reasons for the rejection and, where possible, inviting the lessee to correct
				the deficiencies.
(e) If the form
				is accepted, it shall be referred to the administrator for processing. The
				Attorney General shall promptly notify the lessee in writing of the acceptance
				of the form and of its referral to the administrator. Upon receipt of the
				accepted form, the administrator shall notify the lessee to submit the required
				filing fee. Upon receipt of the prescribed filing fee, the administrator shall
				date stamp the "Request for Arbitration" form. Such date shall be considered
				the filing date.
(f) 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
				lessee in writing that unless such fee is received within 60 days from the date
				of the notice of acceptance, the form will be returned and the case marked
				closed. After such time, if the lessee wishes to submit a dispute to the
				program, (s)he must submit another "Request for Arbitration" form to the
				Attorney General.
(g) Participation
				in any informal dispute resolution mechanism that is not binding on the lessee
				shall not affect the eligibility of a lessee 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 302 - Auto Leasing Arbitration Program Regulations › Section 302.5 - 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 PPL section 343.
(b) The arbitrator assigned shall not have
				any bias, financial or personal interest in the outcome of the hearing, or
				current connection to the manufacture, sale, lease, repair or appraisal 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 of arbitrators
				under the program, and the substantive provisions of PPL section 343.
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 302.6 - Scheduling of arbitration hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The arbitration shall be conducted as an
				oral hearing unless either party has requested 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.
(b) Within five days of the filing date, the
				administrator shall send the holder a copy of the lessee's completed "Request
				for Arbitration" form together 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 a copy to the lessee and to
				the arbitrator.
(c) The lessee may
				respond in writing to the holder'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 holder and to the arbitrator.
(d) 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.
(e) Hearings shall be
				scheduled to accommodate, where possible, time-of-day needs of the lessee and
				the holder, including evening and weekend hours.
(f) Hearings shall also be scheduled to
				accommodate geographic needs of the lessee and the lessor. 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
				lessee's residence, a hearing must be scheduled at the request of the lessee at
				a location designated by the administrator within 100 miles of the lessee's
				residence.
(g) A party may present
				its case by telephone, provided that adequate advance notice is given to the
				administrator and the consent of the other party is obtained. In such cases,
				the arbitrator and both parties shall be included and the party requesting the
				telephonic hearing shall pay all costs associated therewith.
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 302.7 - 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 302 - Auto Leasing Arbitration Program Regulations › Section 302.8 - 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, repair bills,
				damage appraisals and all communications relating to the issue of excessive
				wear or damage.
(e) At the request
				of either party or on his or her own initiative, the arbitrator, 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 302 - Auto Leasing Arbitration Program Regulations › Section 302.9 - 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 302 - Auto Leasing Arbitration Program Regulations › Section 302.10 - 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 302 - Auto Leasing Arbitration Program Regulations › Section 302.11 - 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 evidence which the
				arbitrator agrees is relevant.
(d)
				The arbitrator shall receive in evidence a decision rendered in a previous
				arbitration which was not binding on the lessee 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 lessee's vehicle, if available.
				Both parties shall be afforded the opportunity to be present and accompany the
				arbitrator on any such examination or ride.
(g) The lessee shall first present his/her
				evidence and the holder 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) A party has the right to make a record of
				the hearing. 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 302 - Auto Leasing Arbitration Program Regulations › Section 302.12 - 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 302 - Auto Leasing Arbitration Program Regulations › Section 302.13 - 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 holder fails to respond, 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 302 - Auto Leasing Arbitration Program Regulations › Section 302.14 - Withdrawal or settlement prior to decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A lessee may withdraw his/her request for
				arbitration at any time prior to decision. If the administrator is notified by
				the lessee of his/her request to withdraw 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 302 - Auto Leasing Arbitration Program Regulations › Section 302.15 - 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 Attorney General. The decision
				shall be dated and signed by the arbitrator.
(b) The decision shall indicate whether there
				was any excess wear and/or damage to the vehicle for which the lessee is
				responsible and, where applicable, specify the amount of such excess wear
				and/or damage. A basis for the arbitrator's findings and calculations shall be
				included in the decision. The decision shall also award the prescribed filing
				fee to a successful lessee.
(c) The
				decision shall, where applicable, require that any action or payment be
				completed within 30 days from the date the administrator notifies the holder in
				writing of the decision, unless the parties agree to an extended
				time.
(d) 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.
(e)
				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.
(f) 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.
(g) 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 302 - Auto Leasing Arbitration Program Regulations › Section 302.16 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
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.
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 302.17 - 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 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
				regulations are promulgated pursuant to General Business Law (GBL), article
				33-B, section 697-a, added by chapter 662 of the Laws of 2005 as amended by
				chapter 706 of the Laws of 2006. They set forth the procedures for the
				operation of an alternative arbitration mechanism (the program) as required by
				GBL section 697-a(c).
(b) These
				regulations are designed to promote the independent, speedy, efficient and fair
				disposition of disputes concerning defective farm equipment.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.2 - 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
				697.
(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 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.3 - 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,
				non-affiliation with a supplier'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 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 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.4 - 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 article 33-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) The consumer shall
				indicate on the form his/her choice of remedy (
i.e.
, either
				refund or comparable replacement equipment), 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 reason(s) 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. The
				Attorney General shall prescribe a filing fee and an arbitration fee to be paid
				by the consumer and the supplier, respectively. 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 the program.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.5 - 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 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.6 - Notice to the supplier

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				supplier of farm equipment sold to a New York consumer shall notify the
				Attorney General in writing, within 10 days after the effective date of these
				regulations, of the name, address and telephone number of the person designated
				to receive notices under the GBL article 33-B program. Such information shall
				be presumed correct unless updated by the supplier.
(b) Within five days of the filing date, the
				administrator shall send the supplier's designee a notice that a request for
				arbitration has been filed by the consumer and that the supplier must remit the
				prescribed arbitration fee to the administrator within 10 days from the date of
				mailing by the administrator. The date the prescribed arbitration fee is
				received by the administrator is considered the commencement date.
(c) Within five days of the commencement
				date, the administrator shall send the supplier's designee a copy of the
				consumer's completed request for arbitration form along with a notice that it
				may respond in writing. Such response shall be sent in triplicate, within 15
				days of the commencement date, to the administrator, who shall promptly forward
				one copy to the consumer.
(d) If,
				after 10 days from the date of mailing of the first notice to the supplier
				requesting payment of the prescribed arbitration fee, the administrator fails
				to receive such prescribed fee, the administrator shall promptly advise the
				supplier in writing that unless such fee is received within 20 days from the
				date of the first notice, the Attorney General's office will be notified of the
				supplier's non-compliance. In the event that the administrator fails to receive
				the prescribed arbitration fee from the supplier within 20 days of the first
				notice, it shall promptly notify the Attorney General's office in writing of
				such non-compliance.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.7 - Assignment of arbitrator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After the
				commencement 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 article 33-B.
(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, distribution or manufacture of farm
				equipment.
(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 programs, and the substantive provisions of GBL article
				33-B.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.8 - Scheduling of arbitration hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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.
(b) The consumer may respond in writing to
				the supplier's submission within 25 days of the commencement date. Such
				response shall be sent in triplicate to the administrator, who shall promptly
				forward a copy to the supplier.
(c)
				An oral hearing, where appropriate, shall be scheduled no later than 35 days
				from the commencement 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.
(d) Hearings shall be scheduled to
				accommodate, where possible, time-of-day needs of the consumer and the
				supplier, including evening and weekend hours.
(e) Hearings shall also be scheduled to
				accommodate geographic needs of the consumer. Regular hearing sites shall be
				established at locations designated by the administrator. 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.
(f) 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.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM › Part 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.9 - 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 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.10 - 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 supplier'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 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.11 - 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 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.12 - 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 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.13 - Hearing procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The conduct
				of the hearing shall afford each party a full an 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 equipment. 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 supplier 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 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 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.14 - 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 commencement
				  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 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.15 - 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 supplier 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 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.16 - 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 commencement date, the
				administrator shall refund the filing fee to the consumer and the arbitration
				fee to the supplier.
(b) If the
				parties agree to a settlement more than seven business days after the
				commencement 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 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.17 - The decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				arbitrator shall render a decision within 40 days from the commencement 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. An electronic signature authorized by the arbitrator shall be
				deemed a valid signature.
(b) In
				his/her decision, the arbitrator shall determine whether the consumer qualifies
				for relief pursuant to GBL section 697-a. If the arbitrator finds that the
				consumer qualifies, (s)he shall award the specific remedies prescribed by the
				statute.
(c) The decision shall
				specify the monetary award where applicable. A calculation of the amount, in
				accordance with GBL section 697-a 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 supplier be completed
				within 30 days from the date the administrator notifies the supplier 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 commencement 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 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.18 - 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 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 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations › Section 303.19 - 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 IX - FALSE OR FRAUDULENT CLAIMS INVOLVING GOVERNMENT FUNDS OR PROPERTY › Part 400 - PROCEDURAL REGULATIONS OF THE FALSE CLAIMS ACT › Section 400.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The State Finance Law, sections 187-194, shall be referred to herein as the
False Claims Act
.
(b)
Definition of person.
The term
person
as used herein shall mean
				  any natural person, partnership, corporation, association or any other legal
				  entity or individual, other than the State or a local government.
(c)
Definition of Attorney
				General.
The term
Attorney General
as used herein
				  shall mean the Attorney General or his or her deputies, designees, assistants
				  or special assistants.
(d)
Severability.
If any provision herein or the application of such provision
				  to any persons or circumstances shall be held invalid, the validity of the
				  remainder of the provisions and/or the applicability of such provisions to
				  other persons or circumstances shall not be affected thereby.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IX - FALSE OR FRAUDULENT CLAIMS INVOLVING GOVERNMENT FUNDS OR PROPERTY › Part 400 - PROCEDURAL REGULATIONS OF THE FALSE CLAIMS ACT › Section 400.2 - Civil enforcement by the Attorney General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever it shall appear to the Attorney
				General that any person has engaged or is engaging in conduct that might amount
				to a violation of the False Claims Act, the Attorney General is authorized to
				investigate such violations by taking proof and making a determination of the
				relevant facts and issuing subpoenas in accordance with the Civil Practice Law
				and Rules. Such authorization shall not abate or terminate by reason of any
				action or proceeding brought under the False Claims Act by the Attorney
				General, a local government, or any person, including a
qui
				tam
plaintiff.
(b) If a
				person subpoenaed to attend an inquiry related to a violation of the False
				Claims Act fails to obey the command of a subpoena without reasonable cause, or
				if a person in attendance upon such inquiry shall without reasonable cause
				refuse to be sworn or to be examined or to answer a question or to produce a
				book or paper or data when ordered so to do by the officer conducting such
				inquiry, or if a person fails to perform any act required to be performed, the
				Attorney General may institute civil contempt proceedings under section 2308 (b) 
				of the Civil Practice Law and Rules or make a motion to compel pursuant to that
				section or take any other action authorized by law.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IX - FALSE OR FRAUDULENT CLAIMS INVOLVING GOVERNMENT FUNDS OR PROPERTY › Part 400 - PROCEDURAL REGULATIONS OF THE FALSE CLAIMS ACT › Section 400.3 - Civil enforcement by local governments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A local government shall consult with the
				Attorney General prior to filing any action under section 190(1) of the False
				Claims Act related to the Medicaid Program.
(b) A local government filing an action under
				section 190(1) of the False Claims Act shall provide the Attorney General with
				a copy of the complaint on or about the date such complaint is filed.
(c) Under no circumstances shall the State be
				bound by the act of a local government that files an action involving damages
				to the State.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IX - FALSE OR FRAUDULENT CLAIMS INVOLVING GOVERNMENT FUNDS OR PROPERTY › Part 400 - PROCEDURAL REGULATIONS OF THE FALSE CLAIMS ACT › Section 400.4 - Qui tam actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				All
qui tam
actions shall be served on the Attorney General by
				the personal delivery of the
qui tam
complaint and
				accompanying evidence to a person designated to receive service at the Managing
				Clerk's Office at 28 Liberty Street, New York, NY 10005, unless otherwise
				authorized by the Attorney General.
(b) A local government, having been
				authorized by the Attorney General to supersede or intervene in a
qui
				tam
action on its own behalf pursuant to section 190(2) of the False
				Claims Act, shall cooperate with the Attorney General in any subsequent
				investigation related to the action.
(c) If the State or a local government does
				not intervene or supersede after the 60 day time period or any extensions
				obtained under section 190(2)(b) of the False Claims Act, then the
qui
				tam
plaintiff has 30 days after such time period or extensions expire
				to decide whether to proceed with the action.
(1) If the
qui tam
plaintiff
				elects to proceed with the action, the
qui tam
plaintiff shall
				so advise the court, the State, and applicable local governments, and cause the
				complaint to be unsealed. After the complaint is unsealed, the
qui
				tam
plaintiff shall serve the complaint on any defendant pursuant to
				the provisions of the Civil Practice Law and Rules and other applicable
				law.
(2) If the
qui
				tam
plaintiff elects not to proceed with the action, the
qui
				tam
plaintiff shall either:
(i)
				voluntarily discontinue the action, without an order and without unsealing the
				action, by filing with the court a notice of discontinuance and serving a copy
				of this notice on the Attorney General, who may in the Attorney General's
				discretion make an in camera motion to unseal the complaint; or
(ii) seek to voluntarily discontinue the
				action by order of court by making an in camera motion to unseal the complaint
				and dismiss the action.