Rule 60-2-1-.15 - Arbitration Application(1) The Attorney General shall create and adopt an application form, to be completed by the consumer in requesting arbitration. This application may require consumer consent to the release of information by third parties. The application may be obtained by the consumer from the Attorney General upon request. The consumer shall file the completed application and supporting documents with the Attorney General.(2) The Attorney General shall forward eligible applications and supporting documents to the panel. The period within which a hearing is to be conducted pursuant to O.C.G.A. § 10-1-786(d) shall commence on the date that the application is forwarded.(3) If an application is incomplete, the Attorney General shall notify the consumer. In the event a consumer does not have or cannot obtain necessary documentation, the Attorney General may accept a written statement providing the necessary information and explaining the absence of the documentation.(4) If the consumer fails to file a completed application, including all necessary documentation, within ninety (90) days of the Attorney General's notice, the application shall be deemed ineligible. The Attorney General, in his or her discretion, may extend the ninety (90) days for good cause shown.(5) If the Attorney General rejects an application as ineligible, the consumer shall be notified, in writing, of the rejection and the reason(s) for it. Each of the following shall be grounds for a determination of ineligibility: (a) The application was filed more than one (1) year from the expiration of the lemon law rights period or more than sixty (60) days from the conclusion of a certified mechanism's proceeding, whichever occurs later;(b) The person seeking arbitration does not meet the definition of a consumer;(c) The vehicle does not meet the definition of a new motor vehicle;(d) The manufacturer was not allowed a reasonable number of attempts to repair the nonconformity during the lemon law rights period;(e) The consumer no longer has possession of the vehicle and cannot reacquire it;(f) The application was initially determined to be incomplete by the Attorney General and the consumer failed to take corrective actions for reconsideration of eligibility as required by the Attorney General; or(g) Any other reason that would render the application ineligible for arbitration.(6) If the Attorney General rejects an application as ineligible, the consumer may appeal the determination of ineligibility. Notice of appeal shall be given, in writing, to the Attorney General within ninety (90) days of the date of the determination of ineligibility. The appeal shall be forwarded to the panel and assigned to an arbitrator or arbitrators.(7) If the consumer's application is rejected as ineligible, the consumer, in lieu of an appeal, may file a new state arbitration application if the time period provided in O.C.G.A. § 10-1-786(a) has not expired.Ga. Comp. R. & Regs. R. 60-2-1-.15
O.C.G.A. §§ 10-1-786, 10-1-795.
Original Rule entitled "Arbitration Application" adopted. F. May 16, 2016; eff. June 5, 2016.