Withdrawal

(1) A consumer may withdraw his request for arbitration at any time prior to the mailing ofa written decision by the arbitration firm. (2) If the arbitrator receives a request for withdrawal prior to the dayofthe hearing will constitute a withdrawalwithout prejudice fromthe arbitration system. In such case the timeliness ofa consumer’s request for arbitration will be preserved for two months after the consumer’s voluntary withdrawal or the respective time period provided for new and used car filing as specified in 201 CMR 11.03, whichever is later. (3) If the arbitrator receives a request for withdrawal on or after the day of the hearing it will be deemed a withdrawal with prejudice. After a withdrawal with prejudice, a consumer will be permitted to participate in state-certified arbitration only if the manufacturer or dealer, as the case may be, voluntarily consents to such proceedings.