Rule 60-2-1-.07 - Certified Mechanism Organization(1) The certified mechanism shall be funded and competently staffed at a level sufficient to ensure fair and expeditious resolution of all disputes. Consumers shall not be charged any fee for use of the certified mechanism.(2)(a) The manufacturer and the certified mechanism shall take all steps necessary to ensure that the certified mechanism's decision makers and staff are sufficiently insulated from, free from any influence of, and independent of the manufacturer.(b) No decision maker or staff shall be a party to the dispute, an employee or agent of a party, a person who is currently a party in any legal action relating to a motor vehicle, or a person currently involved in the manufacturer, distribution, sale or lease of motor vehicles.(3)(a) All decision makers initially shall be trained by the certified mechanism in the application of O.C.G.A. § 10-1-780et seq. and this Chapter prior to hearing any dispute. Thereafter, decision makers shall receive continuing training at least once every three (3) years. No person performing the training shall be involved currently in the manufacture, distribution, sale or lease of motor vehicles.(b) Training sessions shall be conducted at a location within the state of Georgia. The certified mechanism shall notify the Attorney General at least thirty (30) days in advance of the date, time and location of any scheduled training session. The certified mechanism shall send the Attorney General a copy of the agenda and training materials. The agenda and training materials must be received by the Attorney General at least seven (7) days prior to the training session.(c) The certified mechanism shall maintain records identifying the name and qualifications of the person(s) performing the training, and the names of the person(s) receiving the training, and the date, time and location of the training. The records shall be retained for a period of at least three (3) years from the training date.(4) The certified mechanism shall provide to the Attorney General, upon request, the names and qualifications of all decision makers.Ga. Comp. R. & Regs. R. 60-2-1-.07
O.C.G.A. §§ 10-1-785, 10-1-795.
Original Rule entitled "Certified Mechanism Organization" adopted. F. May 16, 2016; eff. June 5, 2016.