New York Codes, Rules and Regulations
Title 13 - DEPARTMENT OF LAW
Chapter VIII - NEW YORK LEMON LAW ARBITRATION PROGRAM
Part 303 - Consumer Warranty on Farm Equipment - Arbitration Program Regulations
Section 303.10 - Request for additional information or documents
Current through Register Vol. 46, No. 12, March 20, 2024
(a) A party, by application in writing to the administrator, may request the arbitrator to direct the other party to produce any documents or information. The arbitrator shall, upon receiving such request, or on his or her own initiative, direct the production of documents or information which she or he believes will reasonably assist a party in presenting his or her case or assist the arbitrator in deciding the case. The arbitrator's direction for the production of documents and information shall allow a reasonable time for the gathering and production of such documents and information.
(b) All documents and information forwarded in compliance with the arbitrator's direction shall be legible and received no later than three business days prior to the date of the hearing. Each party shall bear its own photocopying costs.
(c) Upon failure of a party to comply with the arbitrator's direction to produce documents and/or information, the arbitrator may draw a negative inference concerning any issue involving such documents or information.
(d) The term documents in this section shall include, but not be limited to, relevant supplier's service bulletins, dealer work orders, diagnoses, bills, and all communications relating to the consumer's claim.
(e) At the request of either party or on his or her own initiative, the arbitrator, when she or he believes it appropriate, may subpoena any witnesses to appear or documents to be presented at the hearing.
