Rule 60-2-1-.14 - Prior Resort to Mechanism(1) If the Attorney General revokes or denies the renewal of a mechanism's certification, or a manufacturer voluntarily discontinues use of its certified mechanism, a consumer may remove his or her pending dispute from the mechanism and apply for arbitration pursuant O.C.G.A. § 10-1-786(a), provided that the arbitration application is filed within sixty (60) days from the date the consumer receives notice from the manufacturer in accordance with subsection (2) or one (1) year from the expiration of the lemon law rights period, whichever occurs later.(2) If the Attorney General revokes or denies the renewal of a mechanism's certification, or a manufacturer voluntarily discontinues use of its certified mechanism, the manufacturer shall send written notice, by certified mail, return receipt requested, to all consumers with disputes pending with the mechanism that: (a) The mechanism is no longer functioning as a certified mechanism for that manufacturer;(b) The consumer is no longer required to resort to a mechanism;(c) The consumer may elect to have the dispute removed from the mechanism;(d) The consumer may pursue the remedy of a repurchase or replacement of the vehicle by requesting arbitration; and(e) The arbitration application must be filed with the Attorney General by no later than sixty (60) days from the date the consumer received the notice from the manufacturer, or one (1) year from the date of the expiration of the lemon law rights period, whichever occurs later. A copy of the notice must be sent to the Attorney General by the manufacturer.
(3) Within ninety (90) days of the date on which certification of the manufacturer's mechanism is voluntarily withdrawn, revoked or not renewed, the manufacturer shall modify or remove any reference to the certified mechanism and the certified mechanism requirement from the materials provided to consumers pursuant to Rule 60-2-1-.06.(4) If a manufacturer's mechanism is certified after a consumer has purchased or leased a new motor vehicle, but before the manufacturer receives the consumer's request to repurchase or replace the vehicle pursuant to O.C.G.A. § 10-1-784(b), the consumer shall be required to submit the dispute to the certified mechanism prior to requesting an arbitration. The manufacturer shall, within twenty (20) days: (a) Notify the consumer in writing of the requirement that the dispute be submitted to the certified mechanism, and(b) Provide the information required by Rule 60-2-1-.06.Ga. Comp. R. & Regs. R. 60-2-1-.14
O.C.G.A. §§ 10-1-785, 10-1-786, 10-1-795.
Original Rule entitled "Prior Resort to Mechanism" adopted. F. May 16, 2016; eff. June 5, 2016.