Wisconsin Administrative Code › Department of Transportation › Chapter Trans 143 - Standards for certification of motor vehicle manufacturers' informal dispute settlement procedures › Section Trans 143.06 - Operation of the certified mechanism

Current through June 24, 2024
(1) The certified
			 mechanism shall establish written operating procedures which shall include at
			 least those items specified in subs. (2) through (11). Copies of the written
			 procedures shall be made available to any person upon request, at reasonable
			 cost.
(2) Upon notification of a
			 dispute, the certified mechanism shall immediately inform both the manufacturer
			 and the consumer of receipt of the dispute.
(3) The certified mechanism or decision maker
			 shall investigate, gather and organize all information necessary for a fair and
			 expeditious decision. When information which will or may be used in the
			 decision, submitted by one party, or a representative of one of the parties, or
			 any other source, tends to contradict information submitted by the other party,
			 the certified mechanism shall clearly, accurately, and completely disclose to
			 both parties the contradictory information (and its source) and shall provide
			 both parties an opportunity to explain or rebut the information and to submit
			 additional materials. The certified mechanism shall not require any information
			 not reasonably necessary to decide the dispute.
(4) Except as provided in sub. (7), if the
			 dispute has not been settled, the certified mechanism shall, as expeditiously
			 as possible but at least within 40 calendar days of notification of the
			 dispute:
(a) If no oral presentation is
			 scheduled for the day of the hearing, make available to the decision maker(s),
			 copies of information submitted by both parties and information gathered under
			 sub. (3), at least 5 calendar days prior to the hearing date.
(b) Based upon the information gathered,
			 render the following decisions:
1. Determine
			 if the motor vehicle has a nonconformity, and
2. Determine if the manufacturer has made a
			 reasonable attempt to repair the motor vehicle.
(c) Based upon the determinations made in
			 par. (b) 1. and 2., the certified mechanism shall award relief to the consumer
			 consistent with s.
			 218.0171(2)
			 (b), Stats.
(d) Render a written decision to both parties
			 and the department including the following:
1.
			 Basis for the decision which shall include a summary of any relevant and
			 material information presented by either party.
2. Specific financial or other compensation
			 awarded to either party.
3. A
			 specific date for completion of the transactions necessary to carry out the
			 decision of the certified mechanism.
4. A statement that the decision is binding
			 upon the warrantor and not the consumer.
5. A statement that the consumer has the
			 option of rejecting the decision of the certified mechanism and may seek
			 redress by other rights and remedies, including those provided by s.
			 218.0171(7),
			 Stats.
6. A statement that the
			 consumer has 45 calendar days from receipt of the decision to inform the
			 certified mechanism in writing of the consumer's intent to accept or reject the
			 decision of the certified mechanism.
7. A statement that the decision of the
			 certified mechanism may be introduced in evidence in court.
8. A statement that both parties may obtain,
			 at reasonable cost, copies of all documents held by the certified mechanism
			 relating to the dispute.