Scheduling of Arbitration Hearings

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 and the arbitrator. (1) The arbitration shall be conducted as an oral hearing unless the consumer has requested, on the “Request for Arbitration” form, a hearing on documents only and both parties agree to a documents-only hearing; provided, however, that the parties may mutually agree in writing to change the mode of hearing. Upon such change, the parties shall notify the arbitrator who shall comply with the request. (2) An oral hearing, unless waived by the parties, shall be scheduled to take place no later than forty (40) days from the filing date, unless a later date is agreed to by both parties. The arbitrator shall notify both parties of the date, time and place of the hearing at least ten (10) days prior to its scheduled date. (3) Hearings shall be scheduled to accommodate, where possible, time-of-day needs of the consumer and the manufacturer, including evening and weekend hours. (4) Hearings shall also be scheduled to accommodate geographic needs of the consumer. The hearing site shall be no more than one hundred (100) miles from the consumer’s residence unless the consumer agrees, in writing, to a hearing at a location farther than one hundred (100) miles from his or her residence. (5) A party may present its case by telephone, provided that notice, in writing, is given to the arbitrator and to the other party at least two (2) business days prior to the scheduled hearing date. In such cases, the arbitrator and both parties shall be included. (6) Either party may make a request to adjourn and reschedule the hearing. Except in unusual circumstances, such request shall be made to the arbitrator, orally or in writing, at least two (2) business days prior to the hearing date. Upon a finding of good cause, the arbitrator may reschedule the hearing. In unusual circumstances, the arbitrator may reschedule the hearing at any time prior to its commencement. 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.