Code of Massachusetts Regulations
201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION
Title 201 CMR 19.00 - Customized Wheelchair Arbitration
Section 19.08 - Requests for Information

(1) Any party may request information from another provided that it is in writing, will reasonably assist the requesting party in presenting its case, and allows for a reasonable period of time for the gathering of information. The response must be delivered to the requesting party (with a copy to the arbitrator) no later than three business days before the hearing.

(2) Within seven days of any request, any dealer or repair facility or shop which services the consumer's customized wheelchair shall provide a copy of all requested work orders, diagnoses, bills, or other relevant documents or information.

(3) The parties involved are encouraged to provide the foregoing documents at no charge. However, if the number of individual pages requested exceeds 50, the party providing the copies may charge the requesting party the actual cost of all photocopying, not to exceed ten cents per page.

(4) Upon reasonable request received no later than seven days before the scheduled date of the hearing, the consumer shall permit the manufacturer, lessor or dealer to examine and test the customized wheelchair. The consumer shall have the right to be present during any examination or test. The manufacturer, lessor or dealer shall use no tools other than diagnostic tools, and shall not make any repairs or adjustments. The examination shall not be used as a repair attempt.

(5) The parties shall comply with any requests for additional information made by the arbitrator within seven days, or within such period as the arbitrator designates.

(6) The arbitrator may make procedural rulings, in an equitable and efficient manner to resolve any disputes which arise from the foregoing requests for information.