(1) The
arbitration board shall issue the decision in each case to the Lemon Law
administration within sixty calendar days of receipt of the request for
arbitration:
(a) All decisions shall be
written, in a form to be provided by the Lemon Law administration, dated and
signed by the arbitrator, and sent by certified mail to the parties;
(b) The date on which the board provides the
arbitration decision to the Lemon Law administration shall determine compliance
with the sixty day requirement to issue an arbitration decision;
(c) The written decision shall contain
findings of fact and conclusions of law as to whether the motor vehicle meets
the statutory standards for refund or replacement;
(i) If the consumer prevails and has elected
repurchase of the vehicle, the decision shall include the statutory
calculations used to determine the monetary award;
(ii) If the consumer prevails and has elected
replacement of the vehicle, the decision shall identify or describe a
reasonably equivalent replacement vehicle and any refundable incidental
costs;
(iii) If the consumer
prevails and the manufacturer and the consumer have been represented by
counsel, the decision shall include a description of the awarded reasonable
costs and attorneys' fees incurred by the consumer in connection with board
proceedings.
Reasonable costs and attorneys' fees shall be determined by the
arbitrator based on an affidavit of costs and fees prepared by the consumer's
attorney and submitted no later than the conclusion of the arbitration hearing.
The affidavit may be amended for post-hearing costs and fees. The amended
affidavit of costs and fees must be delivered to the manufacturer's designated
representative by certified mail or personal service and a copy submitted to
the Lemon Law administration by the consumer's attorney within thirty days of
the consumer's acceptance of the decision but in no case after a manufacturer's
compliance with a decision;
(d) Upon receipt of the board's decision, the
Lemon Law administration will distribute it to the parties by email or standard
U.S. mail.
(2) Upon
request of a party, an arbitrator shall make factual findings and modify the
offset total where the wear and tear on those portions of the motor home
designated, used, or maintained primarily as a mobile dwelling, office, or
commercial space is significantly greater or significantly less than that which
could be reasonably expected based on the mileage attributable to the
consumer's use of the motor home in an arbitration decision awarding repurchase
or replacement of a new motor vehicle. An arbitrator will consider the actual
amount of time that portions of the motor home were in use as dwelling, office
or commercial space. The arbitrator shall not consider wear and tear resulting
from:
(a) Defects in materials or workmanship
in the manufacture of the motor home including the dwelling, office or
commercial space;
(b) Damage due to
removal of equipment pursuant to RCW 19.118.095(1)(a); or
(c) Repairs.
The modification to the reasonable offset for use may not
result in the addition or reduction of the offset for use calculation by more
than one-third. The modification shall be specified as a percentage for
reduction or addition to the offset calculation. The modification to the
reasonable offset for use shall apply to the offset calculation at the time of
repurchase or replacement of the motor home.
(3)
(a) A
motor home manufacturer is independently liable for compliance with a decision
awarding repurchase or replacement of the motor home if the manufacturer:
(i) Has met or exceeded the reasonable number
of attempts to diagnose or repair the vehicle as set forth in RCW 19.118.041(3)(a) or (b); or
(ii) Is
responsible for sixty or more applicable days out of service by reason of
diagnosis or repair as set forth in RCW 19.118.041(3)(c), the motor home
manufacturer is independently liable for compliance with a decision awarding
repurchase or replacement of the motor home.
(b) If a motor home manufacturer has not met
the criteria set forth in (a)(i) and (ii) of this subsection, but has
contributed to the combined total of sixty or more days out of service by
reason of diagnosis or repair as set forth in RCW 19.118.-041 (3)(c), the
manufacturer is jointly liable with the other liable motor home manufacturers
for compliance with a decision awarding repurchase or replacement of the motor
home.
(c) If a motor home
manufacturer has met or exceeded the reasonable number of attempts to diagnose
or repair the vehicle as set forth in RCW 19.118.041(3)(a), (b), or (c) and
the manufacturer, together with one or more other motor home manufacturers,
contributed to a combined total of sixty or more days out of service by reason
of diagnosis or repair as set forth in RCW 19.118.041(3)(c), the motor home
manufacturer is jointly and severally liable for compliance with a decision
awarding repurchase or replacement of the motor home.
(d) In a decision awarding repurchase or
replacement of a motor home, and that allocates compliance liability, an
arbitrator will identify the motor home manufacturer's minimum percentage of
contribution to compliance with the award. In determining the allocation of
liability among jointly liable motor home manufacturers, the arbitrator will
consider a motor home manufacturer's contribution to the total number of
applicable days out of service as a factor.
(e) When applicable as set forth in RCW
19.118.090(6), the arbitrator must allocate liability for the consumer's costs
and attorneys' fees among the liable motor home manufacturers represented by
counsel. The arbitrator will specify the liable motor home manufacturer's
minimum percentage of contribution to compliance with the award. The motor home
manufacturer's minimum percentage of contribution for the consumer's costs and
attorneys' fees may be different from the minimum percentage of contribution of
the motor home manufacturer's compliance obligation due to other liable motor
home manufacturers' lack of representation by counsel.
(f) An arbitration decision must specify that
the lack of compliance, late or delayed compliance, or the filing of an appeal
by another liable motor home manufacturer will not affect a motor home
manufacturer's independent liability for compliance with a decision awarding
repurchase or replacement of the motor home.
(g) A motor home manufacturer may present
testimony and other evidence regarding the allocation of liability for
compliance with arbitration decisions awarding repurchase or replacement of the
motor home. If the motor home manufacturers agree amongst themselves to terms
for the allocation of liability for compliance obligations, the arbitrator must
include the terms in the arbitration decisions awarding repurchase or
replacement of the motor home if the terms are consistent with the arbitration
decisions, specific, complete and not otherwise contrary to chapter 19.118
RCW.
(4) Included with
the copy of the arbitration decision sent to the consumer shall be a form to be
completed by the consumer, indicating acceptance or rejection of the decision
and general information to the consumer explaining the consumer's right to
appeal the decision to superior court. The consumer must return the form to the
Lemon Law administration within sixty calendar days from the date of the
consumer's receipt of the decision or the decision will be deemed to have been
rejected as of the sixty-first day.
(5) The consumer shall have one hundred
twenty calendar days from the date of the rejection of the decision to file a
petition of appeal in superior court. At the time of filing an appeal, the
consumer shall deliver by certified mail or by personal service a conformed
copy of the petition to the attorney general.
(6) If the consumer accepts a decision which
awards repurchase or replacement, the Lemon Law administration shall send a
copy of the form completed by the consumer indicating acceptance to the
manufacturer by certified mail or email.
