Section 143.06. Operation of the certified mechanism.

 

(1)  The certified mechanism shall establish written operating procedures which shall include at least those items specified in subs. (2) through (11) . Copies of the written procedures shall be made available to any person upon request, at reasonable cost.

(2)  Upon notification of a dispute, the certified mechanism shall immediately inform both the manufacturer and the consumer of receipt of the dispute.

(3)  The certified mechanism or decision maker shall investigate, gather and organize all information necessary for a fair and expeditious decision. When information which will or may be used in the decision, submitted by one party, or a representative of one of the parties, or any other source, tends to contradict information submitted by the other party, the certified mechanism shall clearly, accurately, and completely disclose to both parties the contradictory information (and its source) and shall provide both parties an opportunity to explain or rebut the information and to submit additional materials. The certified mechanism shall not require any information not reasonably necessary to decide the dispute.

(4)  Except as provided in sub. (7) , if the dispute has not been settled, the certified mechanism shall, as expeditiously as possible but at least within 40 calendar days of notification of the dispute:

(a) If no oral presentation is scheduled for the day of the hearing, make available to the decision maker(s), copies of information submitted by both parties and information gathered under sub. (3) , at least 5 calendar days prior to the hearing date.

(b) Based upon the information gathered, render the following decisions:

1. Determine if the motor vehicle has a nonconformity, and

2. Determine if the manufacturer has made a reasonable attempt to repair the motor vehicle.

(c) Based upon the determinations made in par. (b) 1. and 2. , the certified mechanism shall award relief to the consumer consistent with s. 218.0171 (2) (b) , Stats.

(d) Render a written decision to both parties and the department including the following:

1. Basis for the decision which shall include a summary of any relevant and material information presented by either party.

2. Specific financial or other compensation awarded to either party.

3. A specific date for completion of the transactions necessary to carry out the decision of the certified mechanism.

4. A statement that the decision is binding upon the warrantor and not the consumer.

5. A statement that the consumer has the option of rejecting the decision of the certified mechanism and may seek redress by other rights and remedies, including those provided by s. 218.0171 (7) , Stats.

6. A statement that the consumer has 45 calendar days from receipt of the decision to inform the certified mechanism in writing of the consumer's intent to accept or reject the decision of the certified mechanism.

7. A statement that the decision of the certified mechanism may be introduced in evidence in court.

8. A statement that both parties may obtain, at reasonable cost, copies of all documents held by the certified mechanism relating to the dispute.

(5)  If the consumer fails to respond within 45 calendar days, it will be assumed that the consumer has rejected the decision of the certified mechanism.

(6)  The dispute shall be considered closed when:

(a) The consumer or consumer's representative accepts or rejects the decision of the certified mechanism; or

(b) The decision of the certified mechanism is rejected under the provisions of sub. (4) (d) 6. or (5) .

(7)  The certified mechanism may delay the performance of its duties under sub. (4) beyond the 40 day limit:

(a) Where the period of delay is due solely to failure of a consumer to provide his or her name and address, manufacturer make, model and vehicle identification number of the motor vehicle involved, and a statement as to the nature of the defect or other problem;

(b) For a 7 calendar day period in those cases where the consumer has made no attempt to seek redress directly from the manufacturer; or,

(c) If the certified mechanism attempts to mediate the dispute, but only if the certified mechanism clearly and conspicuously discloses to the consumer the following information:

1. That mediation is voluntary on the part of the consumer and may be terminated by the consumer at any time, and

2. That a conclusive decision shall be rendered within 60 calendar days from the date of original receipt of the dispute by the certified mechanism, in the event that mediation fails to settle the dispute.

(8)  The certified mechanism may allow an oral presentation by a consumer or a consumer's representative only if:

(a) Both manufacturer and consumer expressly agree to the presentation;

(b) A date, time, means and location convenient to both parties can be arranged; and,

(c) Prior to agreement the certified mechanism fully discloses to both parties the following information:

1. That the presentation by either party will take place only if both parties so agree, but if they agree, and one party fails to be available at the agreed upon time and place, the presentation by the other party may still be allowed;

2. That the decision makers will decide the dispute whether or not an oral presentation is made;

3. The proposed date, time, means and place for the presentation; and

4. A brief description of what will occur at the presentation including both parties' rights to bring witnesses and/or counsel.

(d) Each party has the right to be present during the other party's oral presentation.

(9)  If the manufacturer has been directed to perform any obligations, either as part of a settlement agreed to after notification to the certified mechanism of the dispute or as a result of a decision under sub. (4) , the certified mechanism shall ascertain from the consumer within 10 working days of the date for performance whether performance has occurred.

(10)  A requirement that a consumer resort to a certified mechanism prior to commencement of an action under s. 218.0171 (7) , Stats., shall be satisfied 40 calendar days after notification to the certified mechanism of the dispute or when the certified mechanism completes its duties under sub. (4) , whichever occurs sooner. Except that, if the certified mechanism delays performance of its duties under sub. (4) , as allowed by sub. (7) , the requirement that the consumer initially resort to the certified mechanism shall not be satisfied until the period of delay allowed by sub. (7) has ended.

(11)  Decisions of the certified mechanism shall be legally binding on the manufacturer.

History: Cr. Register, July, 1988, No. 391 , eff. 8-1-88; corrections in (4) (c), (d) 5., (10) made under s. 13.92 (4) (b) 7. , Stats., Register March 2012 No. 675 .