HAR §16-181-20. Defaults; dismissals

(a) A party who fails to appear at the arbitration hearing, who fails to pay the applicable filing fee, or who fails to submit its response will be considered in default. (b) If a manufacturer defaults by failing to appear, the arbitration hearing shall proceed as scheduled, and the arbitrator shall make a decision based on the evidence presented by the consumer and any documents contained in the record. (c) If a manufacturer defaults by failing to pay the $200 filing fee or by failing to submit its response within ten days from receipt of the notification of the consumer's demand for arbitration, it is within the discretion of the arbitrator whether the manufacturer may present its own evidence and if so, what weight any such evidence may be given. (d) If a consumer defaults, the hearing shall be cancelled, and the case shall be dismissed with prejudice. 181-11 §181-20 (e) An arbitrator's decision after a manufacturer defaults shall be considered final unless the manufacturer or consumer contacts the program administrator within seven days of receipt of the decision to request that the decision be set aside. The request shall include evidence of an unforeseeable circumstance that resulted in the party's failure to appear. Such request shall be considered by the assigned arbitrator, who may hear arguments from both parties on the request to set aside the decision. Arguments may be conducted by telephone conference. (f) If the decision is set aside, a new hearing shall be scheduled as soon as is practicable after the original hearing date. Notice of the rescheduled hearing shall be made to the parties. [Eff 3/3/97; comp 10/8/05] (Auth: HRS §481I-4) (Imp: HRS §481I-4)