Current through Rules and Regulations filed through October 17, 2024
Rule 60-2-1-.29 - Power and Duties of the Arbitrators(1) The arbitrator(s) shall have the duty to conduct fair and impartial hearings and to take all actions necessary maintaining order and avoiding delay in the disposition of proceedings. The arbitrator(s) shall have the powers necessary to accomplish all duties including, but not limited to, the power to: (a) Consider any and all evidence offered by the parties that is necessary to an understanding and a determination of the case;(b) Regulate the course of the hearing and the conduct of the parties, their representatives and witnesses;(c) Examine or participate in a test drive of the consumer's vehicle, if requested by any party, or if necessary to a complete understanding of the case;(d) Schedule a vehicle inspection by an independent technical expert, if necessary;(e) Determine whether an interpreter assisting the consumer is qualified to provide the assistance, or, if not, whether the consumer can effectively participate without the help of an interpreter;(f) Continue the arbitration hearing to a subsequent date if, at the initial hearing, the arbitrator(s) determines that a qualified interpreter or additional information is necessary in order to render a fair and accurate decision; and(g) Hold motor home manufacturers jointly liable in appropriate circumstances.(2) There shall be no direct communications between the parties and the arbitrator(s) other than at hearings or conferences. Any other oral or written communications shall be directed to the panel. Any prohibited contact shall be reported by the arbitrator(s) to the panel and noted in the case record. An arbitrator may be disqualified and a substitute arbitrator assigned if the Attorney General or the panel finds that disqualification is necessary to eliminate the effect of an unauthorized communication.(3) Each arbitrator shall maintain his or her impartiality throughout the course of the proceedings and in rendering his or her decisions.Ga. Comp. R. & Regs. R. 60-2-1-.29
O.C.G.A. §§ 10-1-786, 10-1-795.
Original Rule entitled "Power and Duties of the Arbitrators" adopted. F. May 16, 2016; eff. June 5, 2016.