Appointment of Arbitration Firm

PURPOSE: The attorney general administers provisions of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity, sections 407.950 to 407.970, RSMo. The attorney general is required to establish regulations controlling the arbitration of disputes arising under these provisions. This rule specifies procedures to be followed by the attorney general in appointing a professional arbitrator or arbitration firm. (1) Any controversy or claim arising out of or relating to consumer rights or remedies under sections 407.950 to 407.970, RSMo shall, at the option of the consumer, be settled by arbitration. (2) The attorney general shall appoint a professional arbitrator or arbitration firm to administer the program for a term not to exceed two (2) years ending on the thirty-first day of December of the final year of appointment. At the option of the attorney general, the term shall be renewable. (3) The following criteria shall be considered in the selection of a professional arbitrator or arbitration firm: capability, objectivity, nonaffiliation with an assistive device manufacturer, dealer or lessor, reliability, experience, financial stability, extent of geographic coverage, and fee structure. (4) Each professional arbitrator or arbitration firm applying for appointment shall submit a fee schedule to the attorney general. Upon appointment by the attorney general, the arbitration firm shall adhere to its submitted fee schedule until the expiration of its appointed term. AUTHORITY: sections 407.965 and 407.970, RSMo 2000.* Original rule filed Jan. 27, 2003, effective Aug. 30, 2003. *Original authority: 407.965, RSMo 1995 and 409.970, RSMo 1995.