Code of Massachusetts Regulations
201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION
Title 201 CMR 19.00 - Customized Wheelchair Arbitration
Section 19.07 - Withdrawal
Current through Register 1531, September 27, 2024
(1) A consumer may withdraw his request for arbitration at any time prior to the mailing of a written decision by the arbitration firm.
(2) If the arbitrator receives a request for withdrawal prior to the day of the hearing, such request will constitute a withdrawal without prejudice from the arbitration system. In such case, the timeliness of a consumer's request for arbitration will be preserved for two months after the consumer's voluntary withdrawal or the respective time period provided for customized wheelchair filing as specified in 201 CMR 19.03, whichever is later.
(3) If the arbitrator receives a request for withdrawal on or after the day of the hearing it will be deemed a withdrawal with prejudice. After a withdrawal with prejudice, a consumer will be permitted to participate in state-certified arbitration only if the manufacturer, lessor or dealer, as the case may be, voluntarily consents to such proceedings.