New York regulations
Title 13 Part 302
Department of Law
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13 NYCRR 302.1 - Purpose
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(a)These regulations are promulgated pursuant to section 343(5)(b) of the Personal Property Law (PPL) and set forth the procedures for the operation of an alternative arbitration mechanism (the program).
(b)These regulations are designed to promote the independent, speedy, efficient and fair disposition of disputes concerning the assessment of excess wear and/or damage to leased vehicles.
13 NYCRR 302.2 - Definitions
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(a)Unless otherwise stated, terms used in these regulations are as defined in PPL article 9-A.
(b)The term administrator shall mean a professional arbitration firm or individual appointed by the Attorney General to administer the program.
13 NYCRR 302.3 - Appointment of administrator
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(a)The Attorney General shall appoint an administrator initially to a term not to exceed two years. The term shall be renewable.
(b)The following criteria shall be considered in the selection of an administrator: capability, objectivity, nonaffiliation with a holder or a holder's arbitration program, reliability, experience, financial stability, extent of geographic coverage, and fee structure.
(c)The Attorney General shall give appropriate public notice at least 60 days prior to the expiration of the administrator's term inviting any interested qualified party to apply in writing for the position of administrator within 30 days from the date of the public notice.
(d)Upon a vacancy occurring prior to the expiration of an administrator's term, the time periods in subdivision (c) shall not apply and the Attorney General shall take appropriate steps to assure the continued administration of the program.
13 NYCRR 302.4 - Lessee's request for arbitration
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(a)The Attorney General shall prescribe and make available a request for arbitration form. To apply for arbitration under the program, a lessee shall complete and submit the prescribed form to the Attorney General.
(b)Those lessees wishing a hearing on documents only shall so indicate on the form.
(c)Upon receipt of the submitted form, the Attorney General shall assign a case number and review it for completeness and eligibility and shall accept or reject it.
(d)If the form is rejected, the Attorney General shall promptly return the form to the lessee, indicating in writing the reasons for the rejection and, where possible, inviting the lessee to correct the deficiencies.
(e)If the form is accepted, it shall be referred to the administrator for processing. The Attorney General shall promptly notify the lessee in writing of the acceptance of the form and of its referral to the administrator. Upon receipt of the accepted form, the administrator shall notify the lessee to submit the required filing fee. Upon receipt of the prescribed filing fee, the administrator shall date stamp the request for arbitration form. Such date shall be considered the filing date.
(f)If, after 30 days from the date of the notice of acceptance, the administrator fails to receive the prescribed filing fee, the administrator shall promptly advise the lessee in writing that unless such fee is received within 60 days from the date of the notice of acceptance, the form will be returned and the case marked closed. After such time, if the lessee wishes to submit a dispute to the program, (s)he must submit another request for arbitration form to the Attorney General.
(g)Participation in any informal dispute resolution mechanism that is not binding on the lessee shall not affect the eligibility of a lessee to participate in the program.
13 NYCRR 302.5 - Assignment of arbitrator
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(a)After the filing date, the administrator shall assign an arbitrator to hear and decide the case. Notice of assignment shall be mailed to the arbitrator and the parties along with a copy of these regulations and PPL section 343.
(b)The arbitrator assigned shall not have any bias, financial or personal interest in the outcome of the hearing, or current connection to the manufacture, sale, lease, repair or appraisal of motor vehicles.
(c)Upon a finding by the administrator, at any stage of the process, of grounds to disqualify the arbitrator, the administrator shall dismiss the arbitrator and assign another arbitrator to the case.
(d)If any arbitrator should resign, die, withdraw or be unable to perform the duties of his/her position, the administrator shall assign another arbitrator to the case and the period to render a decision shall be extended accordingly.
(e)Arbitrators shall undergo training established by the administrator and the Attorney General. This training shall include procedural techniques, the duties and responsibilities of arbitrators under the program, and the substantive provisions of PPL section 343.
13 NYCRR 302.6 - Scheduling of arbitration hearings
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(a)The arbitration shall be conducted as an oral hearing unless either party has requested a hearing on documents only and both parties agree to a documents only hearing; provided, however, that the parties may mutually agree in writing to change the mode of hearing. Upon such change, the parties shall notify the administrator who shall comply with the request and, where necessary, such request shall waive the 40 day limit in which a decision must be rendered.
(b)Within five days of the filing date, the administrator shall send the holder a copy of the lessee's completed request for arbitration form together with a notice that it may respond in writing. Such response shall be sent in triplicate, within 15 days of the filing date, to the administrator, who shall promptly forward a copy to the lessee and to the arbitrator.
(c)The lessee may respond in writing to the holder's submission within 25 days of the filing date. Such response shall be sent in triplicate to the administrator, who shall promptly forward a copy to the holder and to the arbitrator.
(d)An oral hearing, where appropriate, shall be scheduled no later than 35 days from the filing date, unless a later date is agreed to by both parties. The administrator shall notify both parties of the date, time and place of the hearing at least eight days prior to its scheduled date.
(e)Hearings shall be scheduled to accommodate, where possible, time-of-day needs of the lessee and the holder, including evening and weekend hours.
(f)Hearings shall also be scheduled to accommodate geographic needs of the lessee and the lessor. Regular hearing sites shall be established at locations designated by the administrator, including in the following areas: Albany, Binghamton, Buffalo, Nassau County, New York City, Plattsburgh, Poughkeepsie, Rochester, Suffolk County, Syracuse, Utica, Watertown and Westchester. No hearing site established by the administrator shall be discontinued without the approval of the Attorney General. In addition, where a regular site is more than 100 miles from the lessee's residence, a hearing must be scheduled at the request of the lessee at a location designated by the administrator within 100 miles of the lessee's residence.
(g)A party may present its case by telephone, provided that adequate advance notice is given to the administrator and the consent of the other party is obtained. In such cases, the arbitrator and both parties shall be included and the party requesting the telephonic hearing shall pay all costs associated therewith.
13 NYCRR 302.7 - Adjournments
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Either party may make a request to reschedule the hearing. Except in unusual circumstances, such request shall be made to the administrator orally or in writing at least two business days prior to the hearing date. Upon a finding of good cause, the arbitrator may reschedule the hearing. In unusual circumstances, the arbitrator may reschedule the hearing at any time prior to its commencement.
13 NYCRR 302.8 - Request for additional information or documents
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(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 manufacturer's service bulletins, dealer work orders, diagnoses, repair bills, damage appraisals and all communications relating to the issue of excessive wear or damage.
(e)At the request of either party or on his or her own initiative, the arbitrator, may subpoena any witnesses to appear or documents to be presented at the hearing.
13 NYCRR 302.9 - Representation by counsel or third party
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Any party may be represented by counsel or assisted by any third party.
13 NYCRR 302.10 - Interpreters
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Any party wishing an interpreter shall make the necessary arrangements and assume the costs for such service.
13 NYCRR 302.11 - Hearing procedure
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(a)The conduct of the hearing shall afford each party a full and 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 evidence which the arbitrator agrees is relevant.
(d)The arbitrator shall receive in evidence a decision rendered in a previous arbitration which was not binding on the lessee 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 lessee's vehicle, if available. Both parties shall be afforded the opportunity to be present and accompany the arbitrator on any such examination or ride.
(g)The lessee shall first present his/her evidence and the holder 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)A party has the right to make a record of the hearing. The arbitrator shall maintain decorum at the hearing.
(i)The arbitrator may request additional evidence after the closing of the hearing. All such evidence shall be submitted to the administrator for transmission to the arbitrator and the parties.
13 NYCRR 302.12 - Hearing on documents only
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If the hearing is on documents only, all documents shall be submitted to the administrator no later than 30 days from the filing date. The arbitrator shall render a timely decision based on all documents submitted.
13 NYCRR 302.13 - Defaults
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(a)Upon the failure of a party to appear at an oral hearing, the arbitrator shall nevertheless conduct the hearing and render a timely decision based on the evidence presented and documents contained in the file.
(b)If neither party appears at the hearing, the arbitrator shall return the case to the administrator who shall close it and so notify the parties.
(c)In a documents-only hearing, where the holder fails to respond, the arbitrator shall render a decision based upon the documents contained in the file.
13 NYCRR 302.14 - Withdrawal or settlement prior to decision
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(a)A lessee may withdraw his/her request for arbitration at any time prior to decision. If the administrator is notified by the lessee of his/her request to withdraw within seven business days of the filing date, the administrator shall refund the filing fee.
(b)If the parties agree to a settlement more than seven business days after the filing date but prior to the issuance of a decision, they shall notify the administrator in writing of the terms of the settlement. Upon the request of the parties, the arbitrator shall issue a decision reflecting the settlement.
13 NYCRR 302.15 - The decision
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(a)The arbitrator shall render a decision within 40 days of the filing date which shall be in writing on a form prescribed by the Attorney General. The decision shall be dated and signed by the arbitrator.
(b)The decision shall indicate whether there was any excess wear and/or damage to the vehicle for which the lessee is responsible and, where applicable, specify the amount of such excess wear and/or damage. A basis for the arbitrator's findings and calculations shall be included in the decision. The decision shall also award the prescribed filing fee to a successful lessee.
(c)The decision shall, where applicable, require that any action or payment be completed within 30 days from the date the administrator notifies the holder in writing of the decision, unless the parties agree to an extended time.
(d)The administrator shall review the decision for technical completeness and accuracy and advise the arbitrator of any suggested technical corrections, such as computational, typographical or other minor corrections. Such changes shall be made only with the consent of the arbitrator.
(e)After review, the administrator shall, within 45 days of the filing date, mail a copy of the final decision to both parties, the arbitrator, and the Attorney General. The date of mailing to the parties shall be date-stamped by the administrator on the decision as the date of issuance.
(f)Failure to mail the decision to the parties within the specified time period or failure to hold the hearing within the prescribed time shall not invalidate the decision.
(g)The arbitrator's decision is binding on both parties and is final, subject only to judicial review pursuant to CPLR, article 75. The decision shall include a statement to this effect.
13 NYCRR 302.16 - Recordkeeping
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The administrator shall keep all records pertaining to each arbitration for a period of at least two years and shall make the records of a particular arbitration available for inspection upon written request by a party to that arbitration, and shall make records of all arbitrations available to the Attorney General upon written request.
13 NYCRR 302.17 - Miscellaneous provisions
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(a)All communications between the parties and the arbitrator, other than at oral hearings, shall be directed to the administrator.
(b)If any provision of these regulations or the application of such provision to any persons or circumstances shall be held invalid, the validity of the remainder of these regulations and the applicability of such provision to other persons or circumstances shall not be affected thereby.