Code of Massachusetts Regulations
201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION
Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration
Section 11.10 - The Hearing

(1) The conduct of the hearing will encourage a full and complete disclosure of the facts.

(2) The arbitrator shall tape record the hearing. Either party may tape record or transcribe the hearing at its own expense. Such party shall provide a copy of the recording or transcription to the other party upon request. The requesting party shall pay the copying costs.

(3) The arbitrator shall administer an oath or affirmation to each individual who testifies.

(4) The formal rules of evidence will not apply. The parties may introduce any relevant evidence that will assist the arbitrator in making a decision. The arbitrator may exclude unduly repetitious or clearly irrelevant evidence.

(5) The consumer or his representative will present his evidence first, then the respondent-dealer or manufacturer or its representative will present its evidence.

(6) Each party may question the other after his or her presentation and may question each witness after his or her testimony. The arbitrator may question any party or witness at any time.

(7) Each party is responsible for presenting all his evidence in a concise manner on the day of the hearing.

(8) All written testimony shall include a statement signed by the witness under oath that his testimony is true.

(9) The consumer shall bring the vehicle to the hearing unless the consumer provides a reasonable basis to believe that it is inoperable or unsafe to operate. The arbitrator may, in his discretion, examine, drive, or ride in or on the vehicle.

(10) After a warning, the arbitrator may terminate any hearing that becomes unmanageable due to the behavior of either party and enter judgment by default against the party whose behavior made the hearing unmanageable.

(11) Upon a showing of good cause and with the consent of the other party, a party may present its case by telephone, provided that no less than seven days advance notice is given to the arbitrator and to the other party. In such cases, the party requesting the telephonic hearing shall pay all costs associated therewith, including but not limited to costs for long distance calls, conference calls, and telephone amplification equipment.

(12) Unless the arbitrator receives a consumer's written consent to a delayed decision, the arbitrator may keep the record open only for additional evidence that the arbitrator requests if that will not interfere with the timely rendering of a decision. Such additional evidence shall be provided to both parties.