Section 3397.5 - Manufacturer's Duties Following Decision(a) The decision shall be binding on the manufacturer if the consumer elects to accept the decision.(b) The manufacturer shall perform any decision of an arbitration program within the time prescribed by the decision, which shall be a reasonable time not to exceed 30 days after the manufacturer is notified that the consumer has accepted the decision. Delays caused by reasons beyond the control of the manufacturer or its representatives, including any delay directly attributable to any act or omission of the consumer, shall extend the period for performance, but only while the reason for the delay continues.(c) When the decision of the arbitration program provides that the nonconforming motor vehicle be replaced or that restitution be made to the consumer, and the decision is subject to Civil Code Section 1793.2(d), the manufacturer shall either replace the vehicle if the consumer consents to this remedy or make restitution, and shall do so in accordance with Civil Code Section 1793.2(d)(2)(A), (B) and (C).(d) The manufacturer shall not attempt to negotiate a settlement with the consumer between the time a decision of an arbitration program is disclosed to the manufacturer and the time the decision is disclosed to the consumer.Cal. Code Regs. Tit. 16, § 3397.5
1. New section filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change without regulatory effect amending NOTE filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35). Note: Authority cited: Sections 472.1(b) and 472.4(f), Business and Professions Code. Reference: Section 1793.2(d) and 1793.22(b), Civil Code.
1. New section filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change without regulatory effect amending Note filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).