201 CMR 11.08 - Requests for Information
(1)
Any party may request information from another provided that it is in writing,
will reasonably assist the requesting party in presenting its case, and allows
for a reasonable period of time for the gathering of information. The response
must be delivered to the requesting party (with a copy to the arbitrator) no
later than three business days before the hearing.
(2) Within seven days of any request, any
dealer or repair shop which services the consumer's motor vehicle shall provide
a copy of all requested work orders, diagnoses, bills, or other relevant
documents or information.
(3) The
parties involved are encouraged to provide the foregoing documents at no
charge. However, if the number of individual pages requested exceeds 50, the
party providing the copies may charge the requesting party the actual cost of
all photocopying, not to exceed ten cents per page.
(4) Upon reasonable request received no later
than seven days before the scheduled date of the hearing, the consumer shall
permit the manufacture or used car dealer to examine and test drive the
vehicle. The consumer shall have the right to be present during any examination
or test drive. The manufacturer or used car dealer shall use no tools other
than diagnostic tools, and shall not make any repairs or adjustments. The
examination shall not be used as a repair attempt.
(5) The parties shall comply with any
requests for additional information made by the arbitrator within seven days,
or within such period as the arbitrator designates.
(6) The arbitrator may make procedural
rulings, in an equitable and efficient manner to resolve any disputes which
arise from the foregoing requests for information.
Notes
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