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Regulations of Connecticut State Agencies (Last Updated: June 14,2023) |
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Title42 Business, Selling, Trading and Collection Practices |
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SubTitle42-181-1_42-181-18. Motor Vehicle Dispute Settlement Program |
| Sec. 42-181-1. Definitions |
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(a) “Arbitration organization” means the American Arbitration Association or any other nationally recognized arbitration organization. (b) “Arbitrator” means an independent person or body appointed by the Commissioner to settle a dispute. (c) “Commissioner” means the Commissioner of Consumer Protection or the Commissioner's authorized designee. (d) “Department” means the Department of Consumer Protection. (e) “Manufacturer’s informal dispute settlement program” means a motor vehicle dispute resolution program offered by an automobile manufacturer to its consumers. |
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(Effective December 18, 1984; Amended April 6, 2018) |
| Sec. 42-181-2. Powers and duties of arbitrator |
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(a) The Commissioner may designate an arbitrator who shall conduct fair and impartial motor vehicle dispute settlement program arbitration hearings. The arbitrator shall have all powers necessary to avoid delay in the disposition of the dispute and to maintain order during proceedings, including, but not limited to, the following: (1) To consider any and all evidence offered by the parties which the arbitrator deems necessary; (2) To request the Commissioner to issue subpoenas to compel the attendance of witnesses and the production of relevant documents, papers, and records; (3) To regulate the course of the arbitration hearings and the conduct of the parties and any third parties or counsel therein; (4) To hold conferences; (5) To determine if a vehicle inspection is necessary, and if deemed necessary, to specify the location for such inspection; (6) To continue the arbitration hearing to a subsequent date if, at the initial arbitration hearing, the arbitrator determines that additional information is necessary in order to render a fair and accurate decision; (7) To require, with good cause, the withdrawal from the arbitration hearing of any individual who is not a party to the dispute; and (8) To reopen the arbitration hearing at will or upon motion of either party for good cause shown at any time before the decision is rendered. (b) An arbitrator shall maintain impartiality throughout the course of the arbitration hearing. An arbitrator shall: (1) Sign a written oath prior to the commencement of each arbitration hearing to which he or she has been assigned, attesting to his or her impartiality in that case; and (2) Refrain from direct communication with the parties other than at the arbitration hearing. Any such communication shall be reported by the arbitrator to the department and noted in the dispute record. Any communications to be conducted between the parties and the arbitrator shall be submitted to the department for transmittal to the appropriate party or individual. |
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(Effective December 18, 1984; Amended August 30, 2000; Amended April 6, 2018) |
| Sec. 42-181-3. Representation by counsel or other third party |
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(a) Any party to an arbitration hearing may be represented by counsel. If any party opts to be so represented, such party shall notify the department of the name and address of said counsel no later than two days prior to the scheduled date of the arbitration hearing. The department shall immediately forward such information to the opposing party. (b) Each party may be accompanied by any chosen third party, other than legal counsel, without prior notice. Such third party may also act as interpreter if a language barrier or special need exists. |
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(Effective December 18, 1984; Amended August 30, 2000; Amended April 6, 2018) |
| Sec. 42-181-4. Arbitration hearings procedures |
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(a) The consumer shall file a request for arbitration on a form prescribed by the Commissioner along with a filing fee of fifty dollars. The fee shall be refunded if the request does not meet the eligibility requirements of the automobile dispute settlement program, as established by Chapter 743b of the Connecticut General Statutes. The date of the receipt by the department of such completed form and fee shall be considered the filing date of such request. (b) Upon receipt of a fully-completed request for arbitration from a consumer, the department shall provide a copy to the motor vehicle manufacturer, directing such manufacturer to provide the department a manufacturer's statement, which shall be on a form prescribed by the Commissioner. (c) Upon receipt of the completed manufacturer's statement and the filing fee of $250.00, as set forth in Section 42-181(b) of the Connecticut General Statutes, the department shall forward copies of the consumer's request for arbitration and the manufacturer's statement to the appointed arbitrator. (d) The arbitration shall be conducted in accordance with the Consumer Arbitration Rules published by the American Arbitration Association or any other nationally recognized arbitration organization. (e) The arbitrator may require vehicle inspections, if the arbitrator deems necessary. (f) The arbitration hearing shall be completed within one session unless the arbitrator, for good cause, determines that additional sessions are required. After the arbitrator is satisfied that the parties' presentations are complete, the arbitrator shall declare the arbitration hearing closed. (g) The arbitrator may reopen the arbitration hearing for good cause or upon motion of either party at any time before the decision is issued. (h) The arbitrator shall render a decision not later than thirty (30) days from the date of the closing of the arbitration hearing. (i) The department shall make and retain an audio recording of each arbitration hearing. |
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(Effective December 18, 1984; Amended August 30, 2000; Amended April 6, 2018) |
| Sec. 42-181-5. The arbitration decision |
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(a) The decision shall be written by the arbitrator on a form prescribed by the Commissioner. (b) The arbitration decision shall contain the following: (1) Findings of fact and the reason for the arbitrator’s decision; (2) The specific terms of the award, if applicable; (3) The date for performance, if applicable; and (4) Notice of other legal remedies, if any, available to either party under applicable state or federal law. (c) The effective date of the decision shall be the date the decision is signed by the arbitrator. (d) The department shall forward copies of the decision to all parties in an expeditious manner. |
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(Effective December 18, 1984; Amended April 6, 2018) |
| Sec. 42-181-6. Settlement of dispute |
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The manufacturer shall notify the department if the dispute is settled at any time before the arbitration hearing is declared closed by the arbitrator, which notice shall include the terms of the settlement and the date for performance. The consumer shall notify the department if compliance has not occurred by such agreed upon date, and the arbitration process shall recommence at the point at which it had been interrupted by the notification to the department of the proposed settlement. |
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(Effective December 18, 1984; Amended April 6, 2018) |
| Sec. 42-181-7. Sign to be placed in motor vehicle dealership |
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Each motor vehicle dealer that sells motor vehicles produced by a manufacturer which does not provide a manufacturer's informal dispute settlement program shall post notification of the department's motor vehicle dispute settlement program and the method by which a consumer may utilize it. Such notification shall be prominently posted in the area of the dealership service department where consumers transact business. The Commissioner shall post on the department’s website the required standard language and formatting for such notification. |
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(Effective December 18, 1984; Amended August 30, 2000; Amended April 6, 2018) |
| Sec. 42-181-8. Recordkeeping |
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The department shall maintain records of each dispute, in accordance with state record retention policies, which shall include any and all information necessary for preparing annual statistical reports. |
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(Effective December 18, 1984; Amended April 6, 2018) |
| Sec. 42-181-9. [Repealed] |
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Repealed April 6, 2018. |
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(Effective December 18, 1984; Amended August 30, 2000; Repealed April 6, 2018) |
| Sec. 42-181-10. [Repealed] |
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Repealed April 6, 2018. |
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(Effective December 18, 1984; Amended August 30, 2000; Repealed April 6, 2018) |
| Sec. 42-181-11. [Repealed] |
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Repealed April 6, 2018. |
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(Effective December 18, 1984; Amended August 30, 2000; Repealed April 6, 2018) |
| Sec. 42-181-12. [Repealed] |
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Repealed April 6, 2018. |
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(Effective December 18, 1984; Repealed April 6, 2018) |
| Sec. 42-181-13. [Repealed] |
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Repealed April 6, 2018. |
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(Effective December 18, 1984; Amended August 30, 2000; Repealed April 6, 2018) |
| Sec. 42-181-14. [Repealed] |
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Repealed April 6, 2018. |
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(Effective December 18, 1984; Amended August 30, 2000; Repealed April 6, 2018) |
| Sec. 42-181-15. [Repealed] |
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Repealed April 6, 2018. |
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(Effective December 18, 1984; Repealed April 6, 2018) |
| Sec. 42-181-16. [Repealed] |
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Repealed April 6, 2018. |
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(Effective September 30, 1985; Amended August 30, 2000; Repealed April 6, 2018) |
| Sec. 42-181-17. [Repealed] |
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Repealed April 6, 2018. |
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(Effective December 18, 1984; Amended August 30, 2000; Repealed April 6, 2018) |
| Sec. 42-181-18. [Repealed] |
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Latest version.
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Repealed April 6, 2018. |
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(Effective December 18, 1984; Amended August 30, 2000; Repealed April 6, 2018) |