Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The arbitration program shall maintain
records on each dispute of which it has received notification, which shall
include all of the following:
(1) Name,
address and telephone number of the consumer.
(2) Name, address, and telephone number of
contact person of the manufacturer.
(3) Make and vehicle identification number of
the vehicle involved.
(4) The date
of receipt of the dispute and the date of disclosure to the consumer of the
decision.
(5) All letters and other
written documents submitted by either party.
(6) All other evidence collected by the
arbitration program relating to the dispute, including summaries of relevant
and material portions of telephone calls and meetings between the program and
any other person (including any experts or consultants described in Section
3398.5(f), and
any letter and summaries of any oral communication by the program to the
parties to resolve contradictory information (Section
3398.6).
(7) A summary of any relevant and material
information presented by either party at an oral presentation under Section
3398.8.
(8) The decision of the arbitrator, with
information as to date, time and place of meeting, the identity of arbitrators
voting, and the reasons for the decision, with the reasons for any dismissal
for lack of jurisdiction or decision to reconsider, and information on any
voluntary settlement.
(9) A copy of
the disclosure to the parties of the decision.
(10) The fact and date of completion of any
performance required by the decision or by any settlement made after the
program has received notification of the dispute.
(11) Copies of follow-up letters (or
summaries of relevant and material portions of follow-up telephone calls) to
the manufacturer and the consumer and responses thereto.
(12) Any other documents and communications
(or summaries of relevant and material portions of oral communications)
relating to the dispute.
(b) The arbitration program shall maintain a
current index of each manufacturer's disputes grouped under brand name and
subgrouped under product model.
(c)
The arbitration program shall maintain a current index for each manufacturer
which shows:
(1) All disputes in which the
manufacturer has promised some performance (either by settlement or in response
to a program decision) and has failed to comply.
(2) All disputes in which the manufacturer
has refused to abide by a program decision.
(3) All disputes in which the consumer has
registered a complaint regarding the decision, its performance by the
manufacturer, or the operation of the program.
(d) The arbitration program shall maintain a
current index which shows all disputes delayed beyond the time allowed under
Section 3398.9.
(e) The arbitration program shall compile
semiannually and maintain statistics which show the number and percentage of
disputes in each of the following categories:
(1) Resolved by staff of the arbitration
program and manufacturer has complied.
(2) Resolved by staff of the arbitration
program, time for compliance has occurred, and manufacturer has not
complied.
(3) Resolved by staff of
the arbitration program and time for compliance has not yet occurred.
(4) Decided by arbitrator and manufacturer
has complied.
(5) Decided by
arbitrator, time for compliance has occurred, and manufacturer has not
complied.
(6) Decided by arbitrator
and time for compliance has not yet occurred.
(7) Decided by arbitrator with no relief to
the consumer.
(8) No
jurisdiction.
(9) Decision delayed
beyond 40 days under Section
3398.9(c)(1).
(10) Decision delayed beyond 40 days under
Section 3398.9(c)(2).
(11) Decision delayed beyond 40 days under
Section 3398.9(c)(3).
(12) Decision delayed beyond 40 days for any
other reason.
(13) Decision still
pending.
(14) Decision accepted by
consumer.
(15) Decision rejected by
consumer.
(16) Reconsideration
requested by consumer per Section
3398.12(d)
granted, and the results.
(17)
Reconsideration requested by consumer per Section
3398.12(d) not
granted.
(f) The
individual dispute records, indexes and statistics required by this section
shall be organized and maintained so as to facilitate ready access and review
by the Arbitration Certification Program at any time, including access to and
review of individual dispute files and other program materials.
(g) The arbitration program shall retain all
records specified in subdivisions (a)-(c) of this section for at least four
years after final disposition of the dispute.
1. New section
filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change
without regulatory effect amending NOTE filed 8-31-94 pursuant to section
100, title 1, California Code of
Regulations (Register 94, No. 35).
3. Change without regulatory
effect amending subsection (f) filed 1-25-99 pursuant to section
100, title 1, California Code of
Regulations (Register 99, No. 5).
Note: Authority cited: Sections
472.1(b)
and
472.4(f),
Business and Professions Code. Reference: Sections
472.4(b) and
(c), Business and Professions Code;
16 CFR Sections
703.5(h) and
703.6; and Section
1793.22(d)(1),
Civil Code.
