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 303.13 - Hearing procedure
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The conduct of the hearing shall afford each party a full an equal opportunity to present his/her case.
(b) The arbitrator shall administer an oath or affirmation to each individual who testifies.
(c) Formal rules of evidence shall not apply; the parties may introduce any relevant evidence.
(d) The arbitrator shall receive in evidence a decision rendered in a previous arbitration which was not binding on the consumer and give it such weight as the arbitrator deems appropriate.
(e) The arbitrator shall receive relevant evidence of witnesses by affidavit, and such affidavits shall be given such weight as the arbitrator deems appropriate.
(f) The arbitrator shall have discretion to examine or ride in the consumer's equipment. Both parties shall be afforded the opportunity to be present and accompany the arbitrator on any such examination or ride.
(g) The consumer shall first present evidence in support of his/her claim, and the supplier shall then present its evidence. Each party may question the witnesses called by the other. The arbitrator may question any party or witness at any time during the hearing.
(h) The arbitrator shall maintain decorum at the hearing.
(i) The arbitrator may request additional evidence after the closing the hearing. All such evidence shall be submitted to the administrator for transmission to the arbitrator and the parties.
