Filing for Arbitration

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 parties in arbitration. (1) Each manufacturer who sells or leases an assistive device to a Missouri consumer, either directly or through an assistive device dealer, shall make available to the consumer, upon request a “Request for Arbitration” form. (2) The “Request for Arbitration” form shall be in a format substantially similar to that set out in 15 CSR 60-11.160. (3) To apply for arbitration under the program, a consumer shall obtain a “Request for Arbitration” form from the manufacturer, complete the form and submit it to the arbitration firm along with the prescribed filing fee. (4) For claims made pursuant to sections 407.950 to 407.970, RSMo, the consumer shall indicate on the form his/her choice of remedy (i.e., refund, repair or replacement with a comparable assistive device), in the event the arbitrator rules in favor of the consumer. If the consumer prevails, such choice shall be followed by the arbitrator unless the consumer advises the arbitrator, in writing, of a change in his/her choice of remedy prior to the arbitrator’s rendering of a decision. (5) On the day the arbitration firm receives the “Request for Arbitration” form together with the filing fee, the arbitration firm shall date stamp the form. Such date shall be considered the “filing date.” (6) Within five (5) business days of the filing date, the arbitration firm shall send the manufacturer’s designee a copy of the consumer’s completed form along with a notice that it may respond in writing. (7) Within fifteen (15) days of the filing date, the manufacturer shall respond in triplicate to the arbitration firm, who shall promptly forward one (1) copy to the consumer. Failure by the manufacturer to respond shall be deemed to be an admission of all claims made by the consumer. (8) The consumer may respond in writing to the manufacturer’s submission within twentyfive (25) days of the filing date. Such response shall be sent in triplicate to the arbitration firm, who shall promptly forward a copy to the manufacturer. 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 407.970, RSMo 1995.