West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-07 - Procedural Rule Pertaining To The Qualification And Approval Of Motor Vehicle Manufacturers' Informal Dispute Settlement Mechanisms › Section 142-7-3 - Application For Qualification

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Application by a Mechanism for
				certification as a Qualified Mechanism shall be made to the Director of the
				Consumer Protection Division, Office of the Attorney General, and shall include
				the following information unless specific exceptions are provided in this Rule:
3.1.1. Name, address, and telephone number of
				the Mechanism. In the event that the applicant does not maintain one (1) or
				more West Virginia addresses and telephone numbers at the time of application,
				the application shall set forth the specific plans for making the Mechanism
				accessible to West Virginia consumers.
3.1.2. The Manufacturers, vehicle makes and
				vehicle models for which the Mechanism is authorized to hear
				disputes.
3.1.3. Copies of all
				warranty documents and disclosure information used to alert consumers to the
				Mechanism and the warranty proffered by the Manufacturer for each vehicle make
				and model, together with any other informational material, advertising copy or
				other notices used to inform consumers concerning warranties, the availability
				and operation of the Mechanism and any other Manufacturer dispute resolution
				procedures.
3.1.4. Copies of all
				written operating standards and procedures promulgated by the Mechanism, as
				required by Legislative Rule, Series 3, Section 5.3.1, or which are distributed
				to consumers.
3.1.5. The names,
				addresses and qualifications of all Members of the Mechanism, together with a
				list of all other persons employed by the Mechanism and a description of the
				duties of each such person and Member.
3.1.6. Copies of the operating budget of the
				Mechanism during the two (2) preceding fiscal years and the anticipated budget
				if approval is granted. Provided, That, to the extent the mechanism does not
				have actual or anticipated budgets broken down so as to reflect expenditures
				occasioned by arbitration involving West Virginia consumers, the budgets must
				be supplemented by appropriate explanatory statements describing the extent of
				budgetary commitment to such local arbitration.
3.1.7. A description of all training programs
				conducted for Mechanism Members, and the plans for any such programs should
				approval be granted.
3.1.8. Copies
				of the Indexes required by the Legislative Rule, Series 3, Sections 5.4.2,
				5.4.3, and 5.4.4 for the record year preceding the application.
3.1.9. Copies of the semiannual statistical
				compilations, required by the Legislative Rule, Series 3, Section 5.4.5, for
				the preceding year.
3.1.10. Copies
				of all annual audits previously compiled pursuant to the Legislative Rule,
				Series 3, Section 5.5.
3.1.11.
				Copies of ten percent (10%), but not in any event less than twenty-five (25),
				of the written decision documents issued by the Mechanism to West Virginia
				consumers during the preceding year, representing a randomly selected
				cross-section of such decisions. The Director of the Consumer Protection
				Division may, upon notice, have these opinions selected by personnel from his
				office or under his direction. These written decisions will be reviewed in
				order to ascertain the extent to which the substantive and remedial
				requirements of the Act were applied in such decisions.
3.1.12. Statistics for the previous record
				year showing the number of oral presentations under the Legislative Rule,
				Series 3, Section 5.3.6, conducted for each Warrantor served by the Mechanism,
				the number of times such a presentation was requested by a consumer and
				rejected by the Warrantor and the number of times such a presentation was
				requested by the Warrantor and rejected by the consumer.
3.1.13. Such other or additional information
				as the Director of the Consumer Protection Division might request after initial
				review of the application.