New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS
Subchapter 26E - MOTORIZED WHEELCHAIR DISPUTE RESOLUTION
Section 13:45A-26E.7 - Application
Universal Citation: NJ Admin Code 13:45A-26E.7
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Application for Dispute Resolution shall require submission of the following:
1. The name, address and telephone number of
the consumer as well as the lienholder, if any;
2. The date of the original delivery of the
motorized wheelchair to the consumer;
3. A written account of the events resulting
in the dispute including description(s) of the claimed nonconformity(ies) and a
chronology of the repair attempts;
4. Photocopies of the statements of repair
given to the consumer by the manufacturer through its dealer, each time a
motorized wheelchair is returned from being examined or repaired; and
5. Photocopies of the agreement of sale or
lease, the receipt for payment of any options or other modifications arranged,
installed or made by the manufacturer or its dealer within 30 days after the
date of original delivery, receipts for any other charges or fees including,
but not limited to:
i. Sales tax;
ii. Finance charges;
iii. Rental of a motorized wheelchair
equivalent to the consumer's motorized wheelchair for the period when the
consumer's motorized wheelchair was out of service due to a
nonconformity;
iv. Prescription for
the wheelchair from a licensed medical professional if the consumer purchased
or leased the wheelchair by prescription;
v. Documents from third-party payors;
and
vi. Any other documents related
to the dispute.
(b) The application must contain a statement as to the following:
1. That the consumer
believes that the motorized wheelchair's use, market value or safety is
substantially impaired by the nonconformity(ies) complained of;
2. That the nonconformity(ies) complained of
is (are) not the result of abuse, neglect or unauthorized modifications of the
motorized wheelchair by anyone other than the manufacturer or its
dealer;
3. That within the term of
protection the manufacturer, its agent or authorized dealer failed in at least
three attempts to correct the same substantial defect, or the motorized
wheelchair was out of service by reason of repair for at least an aggregate of
20 days;
4. That within the term of
protection:
i. The consumer gave the
manufacturer or its dealer at least three attempts to repair substantially the
same nonconformity and the nonconformity continues to exist; or
ii. The motorized wheelchair was out of
service by reason of repair for one or more nonconformities for an aggregate
total of 20 or more days since the original delivery of the motorized
wheelchair, and the nonconformity(ies) continues to exist; and
5. Whether the consumer wishes to
appear at the hearing in person or instead will allow a decision to be rendered
by the OAL on the papers submitted by both parties. This option will be
available only in the event the manufacturer does not object to a proceeding on
the papers in its response pursuant to
13:45A-26E.10(f).
Disclaimer: These regulations may not be the most recent version. New Jersey 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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