Hearing Procedure

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 at the arbitration hearing. (1) The conduct of the hearing shall afford each party a full and reasonable opportunity to present his or her case. (2) The arbitrator shall administer an oath or affirmation to each individual who testifies. (3) Formal rules of evidence shall not apply; the parties may introduce any relevant evidence at the discretion of the arbitrator. (4) The arbitrator may receive relevant evidence of witnesses by affidavit and such affidavits shall be given such weight as the arbitrator deems appropriate. (5) The arbitrator shall have discretion to examine the consumer’s assistive device. Both parties shall be afforded the opportunity to be present and accompany the arbitrator on any such examination. (6) The consumer shall first present evidence in support of his or her claim, and the manufacturer shall then present its evidence. Each party may question the witnesses called by the other. The arbitrator may question any party or witness at any time during the hearing. (7) The arbitrator may request additional evidence after closing the hearing. All such evidence shall be submitted to the arbitration firm for transmission to the arbitrator and the parties. 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.