Rule 60-2-1-.08 - Certified Mechanism Dispute Resolution Procedures(1) The certified mechanism shall establish written procedures for resolution of disputes. The procedures shall include, at a minimum, those items specified below: (a) The certified mechanism shall immediately inform both the manufacturer and the consumer of the filing of a dispute. Filing is deemed to have occurred when the consumer has provided the certified mechanism with his or her name and address, the vehicle year, make, model and VIN, and a statement as to the nature of the problem or other complaint;(b) The certified mechanism shall investigate, gather and organize all information necessary for a fair and expeditious decision. The certified mechanism shall not require any information not reasonably necessary to decide the dispute;(c) When potentially relevant information submitted by or on behalf of a party, by an independent technical expert or by another source, tends to contradict information submitted by the other party, the certified mechanism shall clearly, accurately, and completely disclose to both parties the contradictory information and its source, and shall provide both parties a reasonable opportunity to explain or rebut the information and to submit additional materials;(d) The certified mechanism shall decide the dispute as expeditiously as possible, but at least within forty (40) days of the filing of the dispute;(e) If the dispute is settled, the terms of the settlement agreement shall be reduced to writing. The manufacturer shall perform its obligations under the settlement agreement within thirty (30) days of the date of the settlement, unless the consumer consents, in writing, to a later performance date;(f) If the dispute is not settled, it shall be decided by the certified mechanism. The consumer shall have the right to present evidence relating to the dispute in writing, or to make an oral presentation, either in person, by telephone, or, if available, by video conference or other form of transmission. If the consumer submits evidence of and/or facts relating to the dispute in writing, the manufacturer shall submit its response in writing. If the consumer elects to make an in-person oral presentation, the hearing will be held at a location that is reasonably convenient to the Georgia consumer. If the consumer elects to make an in-person oral presentation and the manufacturer elects to participate by telephone, the certified mechanism shall notify the consumer that he or she has the same opportunity to participate by telephone;(g) If the consumer elects to make an oral presentation, the certified mechanism shall inform the parties of the date, time and place for the hearing, and provide an explanation of the hearing process, including both parties' rights to bring witnesses and/or counsel;(h) Based upon the information gathered by the certified mechanism and evidence presented at an oral hearing, if applicable, the decision maker(s) shall: 1. Determine: (i) Whether the new motor vehicle has a nonconformity, and, if so,(ii) Whether the manufacturer had a reasonable number of attempts to correct the nonconformity, and, if so,(iii) Whether the manufacturer was given a final opportunity to repair the nonconformity if required by law, but failed to correct the nonconformity during the final opportunity. Notwithstanding anything contained herein to the contrary, no final attempt to repair is required if a vehicle that was purchased on or after January 1, 2009 was out of service by reason of repair of one or more nonconformities for a cumulative total of thirty (30) days within the lemon law rights period.2. Upon an affirmative determination of the elements specified in subsection (h)1, award the consumer any remedies appropriate under the circumstances, which may include, but shall not be limited to, the relief provided for under O.C.G.A. § 10-1-784(b).3. Upon a determination that the consumer failed to demonstrate either the elements specified in subsection (h)1, award the consumer any other remedy appropriate under the circumstances or dismiss the dispute.(i) The decision maker(s) shall prepare a written decision reflecting his or her findings. The decision, copies of which shall be sent to both parties and the Attorney General, shall include the following: 1. A summary of any relevant and material evidence to support the determination made regarding those elements specified in subsection (h) of this Rule;2. A description of the relief awarded, which shall contain, as appropriate, an itemization of any refund awarded, including, but not limited to, any incidental costs, collateral charges, or reasonable offset for use; or, a description of a replacement vehicle and an itemization of costs or charges; or a description of any other remedy awarded to the consumer;3. A specific time period, not to exceed thirty (30) days, within which the manufacturer is required to comply with the award;4. A statement that the decision is binding upon the manufacturer, but not on the consumer;5. A statement that the consumer has twenty (20) days from the date of receipt of the decision to accept or reject it;6. A statement that if the decision is accepted, but the manufacturer fails to comply with the terms of the decision, or if the decision is rejected, the consumer may still pursue the remedy of a repurchase or replacement of the vehicle by timely requesting arbitration with the Attorney General. The statement shall explain the time within which the arbitration application is required to be filed; and7. A statement that the consumer may obtain, at a reasonable cost, copies of all documents held by the certified mechanism relating to the dispute;(j) The consumer shall have twenty (20) days from his or her receipt of the decision to notify the certified mechanism whether the decision is accepted or rejected. The date on which notice is sent, as shown by a postmark or other receipt, is deemed to be the date of notice to the certified mechanism;(k) If the consumer accepts an award, the manufacturer shall have up to thirty (30) days from the date it receives notice of the consumer's acceptance to comply, unless a shorter period is specified in the decision;(l) If the manufacturer has been directed to perform any obligations, either as part of a settlement agreed to or as a result of a decision, the certified mechanism shall ascertain from the consumer within fourteen (14) days of the date for performance whether performance has occurred;(m) The requirement that a consumer resort to a certified mechanism prior to a request for arbitration with the Attorney General pursuant to O.C.G.A. § 10-1-786(a) shall be satisfied if a decision has not been rendered by the certified mechanism within forty (40) days from the date of the filing of the dispute with the certified mechanism; and(n) The decision of a certified mechanism shall be binding on the manufacturer, but not the consumer. A copy of the written procedures shall be provided to the consumer at no cost after the certified mechanism receives notice of the dispute, or to any person upon request, at a reasonable cost.
(2) The decision maker(s) may request an inspection of the consumer's motor vehicle. An inspection may be performed by the decision maker or an independent technical expert. An inspection, which may include a test drive, examination or diagnosis of the vehicle, shall be conducted at a mutually agreeable time and place. The consumer shall be informed in writing that an inspection is voluntary. The failure of the consumer to provide the motor vehicle for inspection shall not extend the time period in which a certified mechanism has to render a decision.Ga. Comp. R. & Regs. R. 60-2-1-.08
O.C.G.A. §§ 10-1-785, 10-1-795.
Original Rule entitled "Certified Mechanism Dispute Resolution Procedures" adopted. F. May 16, 2016; eff. June 5, 2016.