Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 050 - MOTOR VEHICLES DEPARTMENT › Chapter 051 - MOTOR VEHICLE ARBITRATION BOARD › Section 14 050 051 - MOTOR VEHICLE ARBITRATION BOARD

Current through June, 2024
Section 1 Purpose
			 and Scope
These rules are designed to provide a simple, fair and orderly
				procedure for hearing and deciding cases brought before the Vermont New Motor
				Vehicle Arbitration Board ("the Board"). It governs all proceedings pursuant to
				9 V.S.A. 4170-4181 as amended.
Section
			 2 Clerk of the Arbitration Board
The New Motor Vehicle Arbitration Board's administrator shall
				serve as clerk of the Board ("the Clerk"). Inquiries to and filings with the
				Board shall be addressed to the Clerk.
Section 3 Manufacturer's Filing
All motor vehicle manufacturers doing business in Vermont shall
				file their corporate or eastern zone office address, telephone and facsimile
				numbers and any other means of contact with the Clerk. A manufacturer shall
				also file a copy of the procedures, if any, and any descriptive material for
				its alternate dispute resolution process, including address, phone and
				facsimile numbers, and any other means of contact.
Section 4 Request for Hearing
A consumer may request an arbitration hearing before the Board
				in writing on a form prescribed by the Board. The request, accompanied by the
				required supporting documentation, shall be filed with the Board with a copy to
				the manufacturer. The consumer shall indicate on the form the relief requested,
				either a refund or a replacement vehicle.
Section 5 Manufacturer's Answer
The manufacturer shall file a written response with the Board
				with a copy to the consumer within five days prior to hearing. The response
				shall be on the prescribed form and clearly set forth any defenses. Defenses
				not set forth in a manufacturer's answer may be deemed waived and may not be
				considered by the Board.
Section
			 6 Notice of Hearing
The parties will be notified of the date, time and location of
				the hearing by mail, facsimile or electronic mail. "Receipt" of the demand for
				arbitration from the consumer is attained when required supporting
				documentation has been filed or after request for the information by the Clerk
				is fulfilled.
Section 7
			 Continuances
Continuances may be granted only for good cause. Requests for
				continuances must be in writing and be received by the Clerk at least three
				days prior to the scheduled hearing, except in the most extraordinary
				circumstances. The Board authorizes the Clerk, in his or her discretion, to
				grant or deny continuances.
Section
			 8 Withdrawal of Hearing Request
A consumer may withdraw his or her request for a hearing by
				written notice to the Clerk for good cause.
Section 9 Discovery
By at least three days prior to hearing, each party shall
				provide all documents and records that are relevant to the issues raised by the
				demand for arbitration to each other and the Board. The manufacturer shall file
				copies of any Technical Service Bulletins (TSBs), special service statements or
				similar documents that apply to the consumer's claimed defect(s) after receipt
				of the consumer's Demand form. Unless otherwise determined by the Board or the
				Clerk, all written requests to the manufacturer or dealer for documents shall
				be honored. Objections to the production of documents and records shall be
				directed to the Clerk. In his or her discretion, the Clerk may either rule on
				the objection or refer the matter to the Board.
Section 10 Prehearing Conferences
A pre-hearing conference may be scheduled by the Board or at
				the request of the Clerk or any party. The intent of the conference is to
				resolve preliminary issues and, when appropriate, provide for the exchange of
				information. Pre-hearing conferences may be held by the Clerk or a person
				designated by the Chair of the Board. Conferences may be held in person or by
				an acceptable alternative means, e.g. telephone conference call.
Section 11 Conduct of the Hearing
The Board shall conduct a hearing on issues for decision. A
				Board member shall administer an oath to ail persons testifying. Each party
				shall have the opportunity to examine all documents or records presented prior
				to hearing as part of the filing; to produce witnesses and cross-examine
				witnesses through the Board; to present all relevant evidence prior to hearing;
				to advance any arguments, either oral or written; and to rebut opposing
				evidence.
Section 12
			 Evidence
The admission of any relevant evidence of a type commonly
				relied upon by reasonably prudent people in the conduct of their affairs shall
				be allowed. The Board may exclude evidence that is irrelevant or unduly
				repetitious. The Board is not required to employ the Vermont Rules of
				Evidence.
Section 13 Repair
			 Orders
AH repair orders submitted by the consumer shall be presumed to
				be accurate copies of the originals.
Section 14 Record for Decision
All hearings shall be tape-recorded. The evidence and argument
				presented at the hearing plus any knowledge gained from any inspection or test
				drive of the motor vehicle shall constitute the basis for decision.
Section 15 Transcripts
For purposes of appeal, arrangements for a transcription of
				oral proceedings shall be made by the Clerk on written request. A party
				requesting a transcript shall pay the reasonable cost of transcription.
Section 16 Decision
The members of the Board constitute the hearing authority, and
				a majority of the board constitutes a quorum. Upon considering the evidence and
				arguments, the Board shall determine whether the consumer is entitled to a
				refund, a replacement vehicle or no relief. The decision of the Board shall be
				mailed by certified mail to the consumer and transmitted by facsimile to the
				manufacturer.
Section 17
			 Election of Chairperson and Vice Chairperson
Board members will elect a chairperson and vice chairperson
				annually in January. Chairperson duties include signatory authority for orders
				and Board expense accounts. The vice chairperson shall exercise these tasks in
				the absence of the chairperson.
Section
			 18 Attendance at Hearings
If a party does not appear for a hearing at the time and place
				scheduled, the Board may permit the party in attendance to present evidence.
				The Board may render its decision in the case on the basis of the existing
				evidence.
Section 19 Notice
The notice to consumers required by
				9 V.S.A. §
											4180 shall be in a form specified by the
				Board.
Statutory Authority: 9 V.S.A. C. 115 §
				4174(b)