N.Y. Comp. Codes R. & Regs. tit. 13 § 303.8

Current through Register Vol. 46, No. 25, June 18, 2024

Section 303.8 - Scheduling of arbitration hearings

(a) The arbitration shall be conducted as an oral hearing unless the consumer has requested, on the request for arbitration form, a hearing on documents only and both parties agree to a documents only hearing; provided, however, that the parties may mutually agree in writing to change the mode of hearing. Upon such change, the parties shall notify the administrator who shall comply with the request and, where necessary, such request shall waive the 40 day limit in which a decision must be rendered.

(b) The consumer may respond in writing to the supplier's submission within 25 days of the commencement date. Such response shall be sent in triplicate to the administrator, who shall promptly forward a copy to the supplier.

(c) An oral hearing, where appropriate, shall be scheduled no later than 35 days from the commencement date, unless a later date is agreed to by both parties. The administrator shall notify both parties of the date, time and place of the hearing at least eight days prior to its scheduled date.

(d) Hearings shall be scheduled to accommodate, where possible, time-of-day needs of the consumer and the supplier, including evening and weekend hours.

(e) Hearings shall also be scheduled to accommodate geographic needs of the consumer. Regular hearing sites shall be established at locations designated by the administrator. No hearing site established by the administrator shall be discontinued without the approval of the Attorney General. In addition, where a regular site is more than 100 miles from the consumer's residence, a hearing must be scheduled at the request of the consumer at a location designated by the administrator within 100 miles of the consumer's residence.

(f) In unusual circumstances, a party may present its case by telephone, provided that adequate advance notice is given to the administrator and to the other party. In such cases, the arbitrator and both parties shall be included and the party requesting the telephonic hearing shall pay all costs associated therewith.

N.Y. Comp. Codes R. & Regs. Tit. 13 § 303.8

Adopted New York State Register July 31, 2019/Volume XLI, Issue 31, eff. 7/31/2019