Current through Register Vol. XLI, No. 25, June 21, 2024
Section 142-7-3 - Application For Qualification3.1. Application by a Mechanism for certification as a Qualified Mechanism shall be made to the Director of the Consumer Protection Division, Office of the Attorney General, and shall include the following information unless specific exceptions are provided in this Rule:3.1.1. Name, address, and telephone number of the Mechanism. In the event that the applicant does not maintain one (1) or more West Virginia addresses and telephone numbers at the time of application, the application shall set forth the specific plans for making the Mechanism accessible to West Virginia consumers.3.1.2. The Manufacturers, vehicle makes and vehicle models for which the Mechanism is authorized to hear disputes.3.1.3. Copies of all warranty documents and disclosure information used to alert consumers to the Mechanism and the warranty proffered by the Manufacturer for each vehicle make and model, together with any other informational material, advertising copy or other notices used to inform consumers concerning warranties, the availability and operation of the Mechanism and any other Manufacturer dispute resolution procedures.3.1.4. Copies of all written operating standards and procedures promulgated by the Mechanism, as required by Legislative Rule, Series 3, Section 5.3.1, or which are distributed to consumers.3.1.5. The names, addresses and qualifications of all Members of the Mechanism, together with a list of all other persons employed by the Mechanism and a description of the duties of each such person and Member.3.1.6. Copies of the operating budget of the Mechanism during the two (2) preceding fiscal years and the anticipated budget if approval is granted. Provided, That, to the extent the mechanism does not have actual or anticipated budgets broken down so as to reflect expenditures occasioned by arbitration involving West Virginia consumers, the budgets must be supplemented by appropriate explanatory statements describing the extent of budgetary commitment to such local arbitration.3.1.7. A description of all training programs conducted for Mechanism Members, and the plans for any such programs should approval be granted.3.1.8. Copies of the Indexes required by the Legislative Rule, Series 3, Sections 5.4.2, 5.4.3, and 5.4.4 for the record year preceding the application.3.1.9. Copies of the semiannual statistical compilations, required by the Legislative Rule, Series 3, Section 5.4.5, for the preceding year.3.1.10. Copies of all annual audits previously compiled pursuant to the Legislative Rule, Series 3, Section 5.5.3.1.11. Copies of ten percent (10%), but not in any event less than twenty-five (25), of the written decision documents issued by the Mechanism to West Virginia consumers during the preceding year, representing a randomly selected cross-section of such decisions. The Director of the Consumer Protection Division may, upon notice, have these opinions selected by personnel from his office or under his direction. These written decisions will be reviewed in order to ascertain the extent to which the substantive and remedial requirements of the Act were applied in such decisions.3.1.12. Statistics for the previous record year showing the number of oral presentations under the Legislative Rule, Series 3, Section 5.3.6, conducted for each Warrantor served by the Mechanism, the number of times such a presentation was requested by a consumer and rejected by the Warrantor and the number of times such a presentation was requested by the Warrantor and rejected by the consumer.3.1.13. Such other or additional information as the Director of the Consumer Protection Division might request after initial review of the application.