Rhode Island Code of Regulations
Title 470 - Motor Vehicle Arbitration Board
Chapter 00 - N/A
Subchapter 00 - N/A
Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board
Section 470-RICR-00-00-1.13 - Conduct of Oral Arbitration Hearings

A. Each party at an oral arbitration hearing shall have the right to present evidence, cross-examine witnesses, enter objections, and assert all other rights essential to a fair hearing.

B. The chairperson of the arbitration panel shall preside at the arbitration hearing and shall require all witnesses to testify under oath or affirm that their statements are true to the best of their knowledge.

C. The hearing shall be opened by the recording of the place, time and date, and identities of the arbitrators and parties and counsel, if any.

D. The consumer shall then present his or her testimony and witnesses, who shall submit to questions by the opposing party and/or arbitrators.

E. The manufacturer shall then present its testimony and witnesses, who shall submit to questions by the opposing party and/or arbitrators.

F. If good cause is shown, the panel may, at their discretion, vary these procedures. Any such variance shall afford full and equal opportunity to all for the presentation of any material or relevant proofs and for the assurance of all essential rights to a fair hearing.

G. The comments and advice of the panel's technical expert shall be offered at any stage of the hearing, at the discretion of the arbitration panel or at the request of either party.

H. Exhibits offered by either party may be received in evidence. The names and addresses of all witnesses and exhibits in the order received shall be made a part of the record. The parties may offer such evidence as they desire and shall produce whatever additional evidence the arbitration panel may deem necessary to an understanding and determination of the dispute. The arbitration panel shall evaluate the relevancy and materiality of the evidence offered by both parties. Conformity to legal rules of evidence shall not be necessary.

I. The panel may receive and consider evidence of witnesses not present at the hearing by affidavit, and give it such weight as the arbitrators deem appropriate, after considering any objections made to its submission.

J. All documents requested by either party or the panel, if deemed relevant by the panel, shall be submitted to the Motor Vehicle Arbitration Board by a specified date and transmitted to the panel in timely fashion and in no case later than seven (7) days prior to the date sat for a decision. All parties shall be given an opportunity to examine or request copies of such documents.

K. The panel may schedule vehicle inspections, if deemed necessary.

L. After a warning, the panel may suspend any hearing, which becomes unmanageable due to the behavior of either party.

M. The hearing generally shall be completed within one session unless the panel, for good cause, and time permitting, schedule an additional hearing(s). After the arbitrators are satisfied that the presentation are complete, the chairperson of the panel shall declare the hearings closed.

N. The hearings may be reopened by the panel at will, or upon motion of either party for good cause shown at any time before the decision or award is made.

O. The panel shall, after any necessary consultations among themselves or with the technical expert, render a decision not later than twenty (20) days from the date of the closing of the hearing.

P. Oral arbitration hearings shall be recorded. The Director shall determine method of recordation.

Q. At the close of the arbitration hearing, either party may file a request for a written transcript of the proceedings. The party making the request shall be responsible for transcription costs. Any party requesting a copy of the transcript shall be charged for the cost of reproduction. If no request is filed, the Director may order that a written transcript be prepared.