The Decision

(1) All decisions shall be in writing, dated and signed by the arbitrator, and sent to OCABR. The arbitrator shall submit an arbitration decision to OCABR, unless the arbitrator requests and is granted a reasonable extension by OCABR upon a showing of good cause. The OCABR shall send a copy of the decision to both parties. (2) The arbitrator may make an oral decision at the hearing however, it shall not be binding until a written decision is sent, and shall not be used to determine compliance with any time-sensitive deadlines. The arbitrator's decision is final. (3) The full written decision shall contain a summary of the evidence presented, a finding of facts, a conclusion of whether the customized wheelchair meets the standards for refund or replacement, a clear calculation of the monetary award if the customized wheelchair meets such standards, and an order if appropriate. (4) The arbitrator shall send a decision in each case within 45 days of the acceptance date stamped on the request for arbitration form. Failure to send the decision within such time period, or to hold the hearing within 44 days of acceptance of the request for arbitration, shall not invalidate the decision. The date on which the decision is sent shall determine compliance with the 45-day requirement and be the date used to calculate appeal deadlines. (6) The arbitrator's decision shall only determine whether the customized wheelchair does or does not meet the standards for refund or replacement. (7) Any monetary award for customized wheelchair arbitration shall be calculated in accordance with M.G.L. c. 93, § 107, but may be affected by any previous awards or settlements made to the consumer. (8) The consumer shall be reimbursed for all continuing costs upon return of the defective customized wheelchair if the consumer has previously submitted documentation to the manufacturer and OCABR that such costs have been accrued. (9) The arbitrator shall make the following findings with respect to customized wheelchairs: (a) As long as the arbitrator determines that: 1. The nonconformity(s) complained of substantially impairs the use, value, or safety of the customized wheelchair; and 2. The consumer gave the manufacturer, lessor or dealer a reasonable number of attempts to repair the customized wheelchair as defined in M.G.L. c. 93, § 107(A)(1); and 3. All other requirements of M.G.L. c. 93, § 107 have been met, the arbitrator must find for the consumer, and order the manufacturer, dealer or lessor to make a refund or replacement at the consumer's option within 30 days of the finding in favor of the consumer. (b) In determining compliance with 201 CMR 19.11(9)(a), the arbitrator shall consider the entirety of the circumstances in each case including, but not limited to, one or more of the following: 1. Whether the customized wheelchair's market value is at least 10% lower than it would have been but for the nonconformity(s); 2. How seriously the nonconformity(s) interferes with the consumer's use of the customized wheelchair; and 3. Whether the nonconformity(s) creates or has the potential to create a substantial danger to the consumer, others, or to property; provided however, that evidence that the nonconformity(s) can be repaired given an additional attempt(s) subsequent to the hearing shall not be taken into consideration by the arbitrator in determining whether the customized wheelchair is substantially impaired.