N.Y. Comp. Codes R. & Regs. tit. 8 § 303.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 303.4 - Consumer's request for arbitration

(a) The Attorney General shall prescribe and make available request for arbitration forms for GBL article 33-B claims. To apply for arbitration under the program, a consumer shall obtain, complete and submit the appropriate form to the Attorney General.

(b) Those consumers wishing a hearing on documents only shall so indicate on the form.

(c) The consumer shall indicate on the form his/her choice of remedy (i.e., either refund or comparable replacement equipment), in the event the arbitrator rules in favor of the consumer. Such choice shall be followed by the arbitrator unless the consumer advises the administrator in writing of a change in his/her choice of remedy prior to the arbitrator's rendering of a decision.

(d) Upon receipt, the Attorney General shall date-stamp and assign a case number to the form.

(e) The Attorney General shall review the submitted form for completeness and eligibility and shall either accept it or reject it.

(f) If the form is rejected by the Attorney General, the Attorney General shall promptly return the form, notifying the consumer in writing of the reason(s) for the rejection and, where possible, inviting the consumer to correct the deficiencies.

(g) If the form is accepted by the Attorney General, he shall refer it to the administrator for processing. The Attorney General shall promptly notify the consumer in writing of the acceptance of the form and of its referral to the administrator. The Attorney General shall prescribe a filing fee and an arbitration fee to be paid by the consumer and the supplier, respectively. Such notice shall also advise the consumer to pay the prescribed filing fee directly to the administrator.

(h) If, after 30 days from the date of the notice of acceptance, the administrator fails to receive the prescribed filing fee, the administrator shall promptly advise the consumer in writing that unless such fee is received within 60 days from the date of the first notice, the form will be returned and the case marked closed. After such time, if the consumer wishes to pursue a claim under the program, (s)he must submit a new form to the Attorney General.

(i) Participation in any informal dispute resolution mechanism that is not binding on the consumer shall not affect the eligibility of a consumer to participate in the program.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 303.4

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