Title 10, Chapter 1, Section 793
( 10-1-793)
(a) If a manufacturer has established an informal dispute resolution
settlement mechanism in this state and is operating in accordance
with rules promulgated by the administrator under this article, and
the administrator has certified that the informal dispute resolution
settlement procedure complies with and is operating in accordance
with such rules, a consumer must submit a dispute under this article
to the informal dispute resolution settlement procedure before
submitting it to the new motor vehicle arbitration panel. The
administrator may adopt rules consistent with this article under
Chapter 13 of Title 50, the "Georgia Administrative Procedure Act,"
regarding the informal dispute resolution settlement mechanisms,
including but not limited to the composition, function, training,
procedures, and conduct of informal dispute resolution settlement
mechanisms and including eligibility requirements and procedures for
appeals to a panel. Such rules must be complied with prior to
certification. (b) Informal dispute resolution settlement mechanisms shall take
into account the principles contained in this article and in any
rules promulgated thereunder and shall take into account all legal
and equitable factors germane to a fair and just decision. A
decision shall include any remedies appropriate under the
circumstances, including repair, replacement, refund, reimbursement
for collateral and incidental charges, and compensation for loss of
value. For purposes of this Code section, the phrase: "Take into
account the principles contained in this article" means to be aware
of the provisions of this article, to understand how they might
apply to the circumstances of the particular dispute, and to apply
them if it is appropriate and fair to both parties to do so. (c) At any time the administrator has reason to believe that a
certified informal dispute resolution settlement mechanism is not
acting in conformity with this article or with rules promulgated
thereunder, he may initiate proceedings under Chapter 13 of Title
50, the "Georgia Administrative Procedure Act," to revoke the
certification of the informal dispute resolution settlement
mechanism. An informal dispute resolution settlement mechanism
shall keep such records as prescribed by the administrator in rules
under this article and shall submit without notice to inspection and
copying of these records by the administrator's employees. Expenses
of any copying shall be borne by the informal dispute resolution
settlement mechanism. |