Rule 60-2-1-.26 - Postponement or Continuance of Arbitration Hearing; Settlement(1) The arbitrator(s) shall have discretion to postpone or continue a scheduled hearing, upon or without the request of a party. Factors to be considered in connection with a determination include, but are not limited to: the basis for the request; the timeliness of the request; the inconvenience or hardship to parties and witnesses; and the resulting expense, if any. Attorney scheduling conflicts shall be governed by and handled in accordance with the Uniform Superior Court Rules.(2) If a postponement or continuance is granted, the rescheduled hearing shall occur within thirty (30) days of the original hearing date unless all parties agree to a longer postponement, or the party which requested the rescheduling can show good cause for a longer postponement. In no event shall a hearing be postponed for longer than ninety (90) days. The panel shall send notice of the date, time and place for the rescheduled hearing to all parties at least seven (7) days prior to the hearing date.(3) A joint request from all parties that a hearing be postponed or continued for settlement purposes shall be granted. Within ten (10) days after the joint request for postponement, the parties shall either notify the arbitrator(s) that the case has been settled or request additional time within which to negotiate. The hearing will be rescheduled to occur within thirty (30) days, or within a maximum of ninety (90) days if the parties need more time, from the date the first postponement or continuance was granted. The panel shall send notice of the date, time and place for the rescheduled hearing to all parties at least seven (7) days prior to the hearing date.(4) If a hearing is postponed or continued, subpoenaed witnesses shall be notified as soon as possible, and in the most effective manner. Each party shall be responsible for notifying all witnesses subpoenaed at its request, and shall inform the panel of the date, time, and manner of notice.(5) The manufacturer shall notify the arbitrator(s) if the case is settled. A written copy of the settlement, signed and dated by the consumer, must be received by the panel and the Attorney General within ten (10) days of the settlement date.(6) The arbitration proceeding will remain pending for ninety (90) days, to ensure that the terms of the settlement are complied with in a timely manner. If the manufacturer does not perform as agreed upon, the consumer may notify the arbitrator(s) and request a hearing date. The arbitration hearing will be scheduled as soon as possible. The panel shall send notice of the date, time, and place for the rescheduled hearing to all parties at least seven (7) days prior to the hearing date.(7) A manufacturer's failure to comply with the agreed terms of the settlement shall constitute an unfair and deceptive act or practice in the conduct of a consumer transaction and O.C.G.A. § 10-1-390et seq.Ga. Comp. R. & Regs. R. 60-2-1-.26
O.C.G.A. §§ 10-1-786, 10-1-790, 10-1-793(a), 10-1-795, 10-1-797.
Original Rule entitled "Postponement or Continuance of Arbitration Hearing; Settlement" adopted. F. May 16, 2016; eff. June 5, 2016.