(a) As provided in Code Section 10-1-794, the administrator may establish a new motor vehicle arbitration panel or panels to settle disputes between consumers and manufacturers as provided in this article. The panels shall not be affiliated with any manufacturer or new motor vehicle dealer and shall have available the services of persons with automotive technical expertise to assist in resolving disputes under this article.

(b) The administrator may adopt rules under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," for the uniform conduct of arbitrations by panels and by informal dispute resolution settlement mechanisms under this article, which rules may include, but not be limited to, the following:

(1) Procedures regarding presentation of oral and written testimony, witnesses and evidence relevant to the dispute, cross-examination of witnesses, and representation by counsel. The administrator shall provide by rule for oral hearings, when appropriate, in panel or informal dispute resolution settlement mechanism proceedings;

(2) Procedures for production of records and documents requested by a party which the panel finds are reasonably related to the dispute;

(3) Procedures for issuance of subpoenas on behalf of the panel by the administrator, which shall be enforced by the superior courts as in Code Section 10-1-398;

(4) Procedures regarding written affidavits from employees and agents of a dealer, a manufacturer, any party, or from other potential witnesses and the consideration of such affidavits by a panel; and

(5) Records of panel proceedings and hearings shall be open to the public.

(c) A consumer shall exhaust any certified informal dispute resolution settlement procedure under Code Section 10-1-793 and the new motor vehicle arbitration panel remedy before filing any superior court action pursuant to Code Section 10-1-788.

(d) The administrator may adopt rules under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," to implement this article. Such rules may include uniform standards by which the panel and any informal dispute resolution settlement mechanism under Code Section 10-1-793 shall make determinations under this article, including but not limited to rules which may provide for:

(1) Determining that a nonconformity exists;

(2) Determining that a reasonable number of attempts to repair a nonconformity have been undertaken; or

(3) Determining that a manufacturer has failed to comply with Code Section 10-1-784.