HAR §16-181-11
HAR §16-181-11. Assignment of arbitrator
Cite as Haw. Code R. § 16-181-11
(a) After a case has been
initiated, the program administrator shall assign an arbitrator to hear and decide
the case.
(b)
The assigned arbitrator shall not have any bias, any financial or
personal interest in the outcome of the hearing, or have a pending claim against
a manufacturer. The assigned arbitrator shall not have any current connection
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§181-12
to the sale or manufacture of new motor vehicles so as to create a bias, as
determined by the program administrator. The assigned arbitrator shall not be
employed by a manufacturer, a motor vehicle dealer, or the consumer, or be a
staff person or decision maker for a manufacturer-established program.
(c)
If any arbitrator should resign, die, withdraw, be disqualified by
the program administrator, or be otherwise unable to perform the duties of the
position, the administrator shall assign another arbitrator to the case, and the
period to render a decision may be extended if necessary. If the forty-five day
period must be extended, to the extent possible, the program administrator shall
obtain the written consent from the parties.
(d)
Arbitrators shall undergo training established by the department
and the program administrator. This training shall include procedural
techniques, the duties and responsibilities of arbitrators under the program, the
substantive portions of chapter 481I, HRS, and any rules adopted thereunder.
[Eff 3/3/97; comp 10/8/05] (Auth: HRS §481I-4) (Imp: HRS §481I-4)