§ 3398.12. Acceptance and Performance of Decision.
16 CA ADC § 3398.12Barclays Official California Code of Regulations
16 CCR § 3398.12
§ 3398.12. Acceptance and Performance of Decision.
(4) The consumer has 30 calendar days after the arbitration program transmits the notification described in Section 3398.9(a) in which to accept the decision. If no decision is made within that period, the consumer's failure to accept the decision will be considered a rejection of the decision and the manufacturer shall not be bound to perform it.
(b) If the manufacturer is required to perform any obligations as part of a settlement, or if the manufacturer is obligated to take any action to implement a decision, the program shall ascertain from the consumer, within 10 days after the date set for performance, whether such performance has occurred.
(c) If the consumer asserts that the manufacturer's performance of a further repair attempt has not occurred to the consumer's satisfaction, the arbitration program shall promptly inform the arbitrator who decided the dispute of all of the pertinent facts. In that event the arbitrator (or a majority of the arbitrators) may decide to reconsider the decision. A decision under this subdivision to reconsider a decision may be made at any time and need not be made at a meeting to decide disputes (Section 3398.7).
(d) If the arbitrator decides to reconsider the decision, the decision to reconsider shall be deemed to constitute notification of the dispute (Section 3398.4), and the program shall investigate the dispute and in all respects treat it as a new dispute, except that the program shall expedite all phases of the process, and the same arbitrator or arbitrators, if reasonably possible, shall decide the dispute.
Credits
Note: Authority cited: Sections 472.1(b) and 472.4(f), Business and Professions Code. Reference: Sections 1793.22(c) and 1793.22(d)(2) and (3), Civil Code;16 CFR Sections 703.3(a), 703.5(a), 703.5(d)(1), 703.5(g)(1)-(3), 703.5(h); and Section 472.4(c)(2), Business and Professions Code.
History
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).
3. Change without regulatory effect amending subsections (a)(10) and (a)(11) filed 1-25-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 5).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 16, § 3398.12, 16 CA ADC § 3398.12
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