(a) A consumer shall request arbitration under this article by submitting a request in writing to the administrator. Except as otherwise provided in this article, disputes under the lemon law rights period shall be eligible for arbitration. The administrator shall make a reasonable determination of the eligibility of the request for arbitration and may provide necessary information to the consumer regarding the consumer's rights and remedies under this article. The administrator may adopt rules under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," regarding the eligibility of requests for arbitration. The administrator shall assign a dispute he deems eligible to a panel.

(b) Manufacturers shall submit to arbitration under this article if the consumer's dispute is deemed eligible for arbitration by the administrator and by the panel.

(c) The new motor vehicle arbitration panel may reject for arbitration any dispute that it determines to be frivolous, fraudulent, filed in bad faith, res judicata, or beyond its authority. Any dispute deemed by the panel to be ineligible for arbitration due to insufficient evidence may be reconsidered by the panel upon the submission of other information or documents regarding the dispute that would allegedly qualify for relief under this article. Following a second review, the panel may reject the dispute for arbitration if evidence is still clearly insufficient to qualify the dispute for relief under this article. The administrator may adopt rules under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," governing rejection of disputes by a panel. A decision to reject any dispute for arbitration shall be sent by certified mail or statutory overnight delivery, return receipt requested, to the consumer and the manufacturer.

(d) An arbitration panel shall award the remedies under Code Section 10-1-784 if it finds a nonconformity and that a reasonable number of attempts have been undertaken to correct the nonconformity. The panel may in its discretion award attorney's fees and technical or expert witness costs to a consumer.

(e) It is an affirmative defense to any claim under this article that: (1) the alleged nonconformity does not substantially impair the use, value, or safety of the new motor vehicle to the consumer; or (2) the alleged nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the new motor vehicle.

(f) The panel's decision shall be sent by certified mail or statutory overnight delivery, return receipt requested, to the consumer. The consumer must reject the decision in writing by certified mail or statutory overnight delivery, return receipt requested, addressed to the panel within 30 days of receipt of the panel's decision, or he or she shall be deemed to have accepted the panel's decision. The panel shall immediately notify the manufacturer by certified mail or statutory overnight delivery, return receipt requested, whether the consumer has accepted, rejected, or has been deemed to have accepted.

(g) Upon receipt of the panel's notice, the manufacturer shall have 40 calendar days to comply with the arbitration panel decision or to file a petition of appeal in superior court. At the time the petition of appeal is filed, the manufacturer shall send, by certified mail or statutory overnight delivery, a conformed copy of such petition to the administrator.

(h) If, at the end of the 40 calendar day period, neither compliance with nor a petition to appeal the panel's decision has occurred, the administrator may impose a fine of up to $1,000.00 per day until compliance occurs or until a maximum penalty of double the value of the vehicle or $100,000.00, whichever is less, accrues. If the manufacturer can provide clear and convincing evidence either that any delay or failure was beyond its control, or that any delay was acceptable to the consumer, the fine shall not be imposed. If the manufacturer fails to provide such evidence or fails to pay the fine, the administrator may initiate proceedings against the manufacturer for failure to pay any accrued fine and may initiate proceedings on behalf of the state to require specific performance of an arbitration decision under this article. The administrator shall deposit any fines in the state treasury.