Arbitrator’s Decision

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 arbitrator in reaching the decision. (1) The arbitrator shall render a decision within ten (10) business days of the hearing date which shall be in writing and shall include findings of fact and conclusions of law. The decision shall be dated and signed by the arbitrator. (2) In his or her decision, the arbitrator shall determine whether the consumer is entitled to relief pursuant to sections 407.950 to 407.970, RSMo. If the arbitrator finds that the consumer is so entitled, he or she shall award the specific remedies prescribed by the statute. (3) The decision shall specify the monetary award, where applicable. A calculation of the amount, in accordance with sections 407.950 to 407.970, RSMo, shall be included in the decision. If the consumer prevails, the decision may also award the prescribed filing fee along with reasonable attorney fees, if applicable, and any equitable relief that the arbitrator deems appropriate. (4) The decision shall, where applicable, require that any action required to be taken by the manufacturer be completed within thirty (30) days from the date the arbitrator notifies the manufacturer of the decision. (5) The arbitrator shall, within five (5) days of rendering a decision, mail a copy of the final decision to both parties and the attorney general. (6) Failure to mail the decision to the parties within the specified time period or failure to hold the hearing within the prescribed time shall not invalidate the decision. (7) The arbitrator’s decision is binding on both parties and is final. The decision shall include a statement to this effect. (8) An award rendered by the arbitrator may be confirmed, vacated or modified in the manner set out in sections 435.400–435.440, RSMo. 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.