201 CMR 11.03 - Processing of Arbitration Forms

(1) Submitted arbitration forms will be date-stamped and assigned a case number upon receipt. A request for arbitration form shall be deemed to be timely filed if it is date-stamped or post marked within the respective time periods provided for in M.G.L. c. 90, §§ 7N¼ and 7N½.

(2) New and used car arbitration request forms shall be reviewed for completeness and compliance with 201 CMR 11.02(2) and (3), respectively.

(a) Incomplete forms shall be returned to the consumer promptly for completion. Such forms when completed must be received by the OCABR or arbitration firm within 30 days or the consumers period of eligibility for filing the request, whichever is later. The arbitration firm may reject a request that is not timely returned.

(b) Forms found not in compliance with 201 CMR 11.02 will be rejected, with the reason for rejection sent to the consumer.

(3) Complying, complete, reviewed forms shall be date-stamped to indicate their acceptance for arbitration. This acceptance date shall trigger the 45 day period in which the arbitrator must render a decision in the case, and shall be deemed to be the date "received" for purposes of M.G.L. c. 90, §§ 7N¼ and 7N½, as the case maybe.

(4) The OCABR or arbitration firm may rescind any acceptance granted in error or because of incomplete or erroneous information.

(5) Any fees charged to the applicant by the arbitration firm including, but not limited to, filing and hearing fees, shall be determined by the OCABR in accordance with M.GL. c. 7, § 3B.

Notes

201 CMR 11.03