Code of Massachusetts Regulations
201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION
Title 201 CMR 19.00 - Customized Wheelchair Arbitration
Section 19.02 - Arbitration Requests
Universal Citation: 201 MA Code of Regs 201.19
Current through Register 1531, September 27, 2024
(1) To apply for customized wheelchair arbitration, a consumer must submit a "request for arbitration" form, which will be supplied on request by the Office of Consumer Affairs and Business Regulation (OCABR).
(2) To be accepted for customized wheelchair arbitration, the consumer's request for arbitration must:
(a) be submitted on the designated form and
received by the OCABR within 18 months of the date the owner took possession of
the new customized wheelchair;
(b)
state that the consumer believes the customized wheelchair's use, value, or
safety is substantially impaired by the nonconformity(s) complained
of;
(c) state that the
nonconformity(s) complained of is not the result of owner negligence, damage
caused by accident (except as a result of the nonconformity(s)), vandalism,
attempts to repair the customized wheelchair by a person other than the
manufacturer, its agent or authorized dealer, or any attempt to substantially
modify the customized wheelchair without the manufacturer's
authorization;
(d) state that the
consumer either gave the manufacturer, the agent or authorized dealer at least
four attempts to correct the same substantial defect, or that the customized
wheelchair was out of service for an aggregate of at least 30 days because of a
warranty nonconformity within the term of protection;
(e) state that the consumer gave the
manufacturer its seven business day final opportunity to cure the
nonconformity(s) after the limits set forth in 201 CMR 19.02(2)(d) were met or
exceeded;
(f) include a narrative
description of the claimed nonconformity(s) and a chronology of the repair
attempts; and
(g) be in compliance
with all other rules, regulations, procedures and provisions of law.
(3) List of Approved Arbitrators. The director of OCABR shall maintain a list of arbitrators who have been approved to arbitrate customized wheelchair disputes under M.G.L. c. 93, § 107 and 201 CMR 19.00. Such list shall be public and shall be made available upon request.
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