Rule 60-2-1-.32 - Arbitration Decision(1) The arbitration decision shall be based solely upon matters contained in the official record. Written party submissions made pursuant to this Chapter, oral and written evidence and testimony presented at the hearing, and supplemental information submitted at the request of the arbitrator(s) shall constitute the official record. The decision shall be reached on the basis of a preponderance of the evidence.(2) The arbitrator may make an oral decision at the hearing, but it shall not be binding until reduced to writing and sent to each party and the Attorney General.(3) The decision shall be written on a form prescribed by the Attorney General. If three (3) arbitrators hear the case, the decision, if not unanimous, shall be determined by the majority.(4) If the consumer prevails, the arbitrator(s) may award attorney's fees and technical or expert witness fees, if applicable. A request for attorney's fees shall be based upon an affidavit prepared by the consumer's attorney and provided to the arbitrator(s) by no later than the conclusion of the hearing. The arbitrator(s) shall have the discretion to award all, part or none of the requested fees.(5) The arbitrator shall prepare the decision. If three (3) arbitrators decide the case, the chairperson shall be responsible for preparing the decision, unless he or she casts a minority vote. In that instance, or in some other unusual circumstance, the panel shall designate one (1) of the other two (2) arbitrators to prepare the decision.(6) The decision shall be rendered within twenty (20) days of the conclusion of the hearing. Failure to render the decision within the time shall not void any decision ultimately rendered.(7) The panel shall file the original decision with the Attorney General and send copies of the decision to the parties by statutory overnight delivery or by certified mail, return receipt requested. Each copy shall indicate the date of entry of the decision pursuant to O.C.G.A § 10-1-786(f).(8) If any party appeals the decision, or if the consumer initiates a new private action, the parties shall provide the Attorney General with a copy of their initial pleadings in the action. The parties shall provide these filings to the Attorney General contemporaneously with their filing in court.(9) In the event that legal proceedings are not initiated by any party, the manufacturer, upon compliance with the decision, shall furnish the Attorney General with evidence consisting of either copies of checks payable to the consumer, and lienholder or lessor, for a repurchase, or information regarding the year, make, model and identification number of the replacement motor vehicle for a replacement.Ga. Comp. R. & Regs. R. 60-2-1-.32
O.C.G.A. §§ 10-1-786, 10-1-787(a),(d); 10-1-795.
Original Rule entitled "Arbitration Decision" adopted. F. May 16, 2016; eff. June 5, 2016.