Rule 60-2-1-.25 - Withdrawal of Arbitration Request(1) A consumer may withdraw his or her request for arbitration as provided below. A withdrawal request can be made by telephone, but it must be confirmed in writing thereafter. The written withdrawal request, which must be signed by the consumer and the attorney of record, if any, shall be sent to the panel with a copy to all parties.(2) If the panel receives a request for withdrawal from the consumer no later than two (2) business days prior to the day of the hearing, it shall be granted without prejudice. The request for arbitration will remain open for ninety (90) days after a dismissal without prejudice, during which the consumer may request in writing that the arbitration process begin again. After the ninety (90) day period has expired, a consumer who wishes to request arbitration will have to file a new application.(3) The consumer may not withdraw a request for arbitration within one (1) business day of, on, or after the day of the hearing, absent a showing of good cause for the withdrawal.(4) If a consumer withdraws a second request for arbitration on the same motor vehicle, the withdrawal shall be considered a withdrawal with prejudice and the consumer will not be allowed to renew his or her arbitration application or file a new application on the same motor vehicle.(5) If the consumer withdraws a request for arbitration, the consumer will not be considered to have exhausted all remedies for purposes of filing a civil action pursuant to O.C.G.A. § 10-1-788.Ga. Comp. R. & Regs. R. 60-2-1-.25
O.C.G.A. §§ 10-1-786, 10-1-788, 10-1-795.
Original Rule entitled "Withdrawal of Arbitration Request" adopted. F. May 16, 2016; eff. June 5, 2016.