(a) Upon notification of a dispute, including a dispute over which the program believes it does not have jurisdiction, the arbitration program shall immediately notify both the manufacturer and the consumer of its receipt of the dispute.
(b) Notification shall be deemed to have occurred when the arbitration program has received notice of the consumer's name and address, the brand name and vehicle identification number of the vehicle (if requested by the program), and a statement of the nature of the problem or other complaint.
(c) At the time the arbitration program notifies the consumer of its receipt of the dispute, the program shall provide the consumer with the following information in clear and readily understood language:
(1) The information specified in Section 3397.2(a) on how to use the arbitration program.
(2) A statement of any other steps that the consumer must take, including the submission of additional information or materials, to enable the arbitration program to investigate and decide the dispute.
(3) A statement of the kinds of additional information and materials, such as copies of repair invoices, reports of inspection, technical service bulletins and other relevant information and documents, that the arbitration program will consider in investigating and deciding the dispute, and of the consumer's right to provide additional information or materials.
(4) A statement of the consumer's right to obtain a copy of the arbitration program's written operating procedures upon request and without charge.
(5) A description of the steps the arbitration program will take and the time periods within which those steps normally are taken.
(6) Any limits on the scope of the decision, if authorized by Section 3398.10(d).
(7) A toll-free telephone number to obtain information on the status of the dispute.
(d) If authorized by the arbitration program's written operating procedures (Section 3398.3(a)), the staff of the arbitration program may decide that the program does not have jurisdiction to decide a dispute. In this event, the program:
(1) shall explain to the consumer in writing the reasons that the program has so decided,
(2) shall inform the consumer that an arbitrator will consider a written appeal of this decision made by the consumer within 30 days after the date the written notification of the decision was transmitted to the consumer, and
(3) shall explain how to file a written appeal.
Credits
Note: Authority cited: Sections 472.1(b) and 472.4(f), Business and Professions Code. Reference: 16 CFR Sections 703.4(b), 703.5(c) and (e)(1); and Section 1793.22(d)(1), Civil Code.
1. New section filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change without regulatory effect amending Note filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 16, § 3398.4, 16 CA ADC § 3398.4
