Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 248 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 1 - STANDARDS FOR AN INFORMAL DISPUTE SETTLEMENT PROCEDURE
Section 248-1-006 - OPERATION OF THE MECHANISM

Universal Citation: 248 NE Admin Rules and Regs ch 1 ยง 006

Current through September 17, 2024

006.01 Written Operating Procedures. The Mechanism shall establish written operating procedures which shall include at least the following items specified.

006.02 Notice of Receipt of Dispute. Upon notification of a dispute, the Mechanism shall immediately inform both the manufacturer and the consumer of receipt of the dispute.

006.03 Investigation. The Mechanism shall investigate, gather and organize ail information necessary for a fair and expeditious decision in each dispute. When any evidence gathered by or submitted to the Mechanism raises issues relating to the number of repair attempts, the length of repair periods, the possibility of unreasonable use, or any other remedy, the mechanism shall investigate these issues. When information which will or may be used in the , decision, submitted by one party or consultant, or any other source tends to contradict facts submitted by the other party, the Mechanism shall clearly, accurately, and completely disclose to both parties the contradictory information (and its source) and shall provide both parties an opportunity to explain or rebut the information and to submit additional materials. The Mechanism : shall not require any information not reasonably necessary to decide the dispute.

006.04 Decision. Within 40 days if the dispute has not been settled, the Mechanism shall, as expeditiously as possible but at least within 40 days of notification of the disupte except as otherwise provided.

006.04A Render a fair decision based on the information gathered as described in paragraph 006.03 of these rules and regulations, and on any information submitted at an oral presentation. A decision shall include any remedies deemed appropriate under the circumstances, and limited to those remedies available under 16 CFR Part 703.5 (d)(1), including repair, replacement, refund, reimbursement for expenses, compensation for damages, and any other remedies available under the written warranty; and a decision shall state a specified reasonable time for performance;

006.04B Disclose to the manufacturer its decision and the reasons therefor;

006.04C If the decision would require action on the part of the manufacturer, determine whether, and to what extent, manufacturer will abide by its decision; and

006.04D Disclose to the consumer its decision, the reasons therefor, the manufacturer's intended actions, and the information described in section 006.08 of these rules and regulations.

006.05 Settlement. A dispute shall be deemed settled when the Mechanism has ascertained from the consumer that the dispute has been settled to the consumer's satisfaction; and the settlement contains a specified reasonable time for performance.

006.06 Delay Beyond 40 Days. The Mechanism may delay the performance of its duties beyond the 40 day time limit:

006.06A Where the period of delay is due solely to failure of a consumer to provide promptly his or her name and address, brand name and identification number of the vehicle involved, and a statement as to the nature of the defect or other compliant; or

006.06B For a 7-day period in those cases where the consumer has made no attempt to seek redress directly from the warrantor.

006.07 Oral Presentation Allowed. The Mechanism may allow an oral presentation by a party to a dispute (or a party's representative) only if:

006.07A Both manufacturer and consumer expressly agree to the presentation; and

006.07B Prior to agreement the Mechanism fully discloses to the consumer the following information:
006.07B1 That the presentation by either party will take place if both parties agree, but that if they agree, and one party fails to appear at the agreed upon time and place, the presentation by the other party may still be allowed;

006.07B2 That the members will decide the dispute whether or not an oral presentation is made;

006.07B3 The proposed date, time and place for the presentation;

006.07B4 A brief description of what will occur at the presentation including, if applicable, parties' rights to bring witnesses and/or counsel; and

006.07B5 That each party has the right, to be present during the other party's oral presentation.

006.07B6 Oral presentations (either in person or by teleconferencing) are encouraged. Nothing contained in this section shall preclude the Mechanism from allowing an oral presentation, provided all the requirements of this section are met-

006.08 Appeal of Decision. The Mechanism shall inform the consumer, at the time of disclosure of the decision by the Mechanism that if he or she is dissatisfied with its decision or manufacturer's intended actions, or eventual performance, legal remedies may be pursued.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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