Rule 60-2-1-.17 - Manufacturer's Statement Form(1) The manufacturer's statement form shall be answered completely and filed with the panel. Copies of the manufacturer's statement shall be sent to the consumer. The panel and the consumer must receive the manufacturer's statement no later than twenty (20) days from the manufacturer's receipt of notice of arbitration. The manufacturer's statement form shall require the manufacturer to provide, at a minimum, the following information:(a) A statement, if applicable, that the manufacturer has elected to assert no defense and hereby offers to repurchase or replace the vehicle in accordance with the provisions of O.C.G.A. § 10-1-784(b); or,(b)1. A statement of any defenses and any legal or factual issues to be raised at the hearing;2. A request to examine the vehicle, if desired, as provided in Rule 60-2-1-.19;3. The name, mailing address, e-mail address, and phone number of the attorney who will represent the manufacturer at the hearing, if the manufacturer will be represented by an attorney;4. An affirmation that the manufacturer has sent a copy of the completed manufacturer's statement form to the consumer and the date on which it was sent; and,5. If the case involves a motor home and two manufacturers, an affirmation that the manufacturer has sent a copy of the completed manufacturer's statement form to the other manufacturer and the date of submission.(2) A manufacturer should carefully review the consumer's application and supporting documents before identifying defenses and legal or factual issues it intends to raise at the arbitration hearing. The manufacturer shall have a good faith basis for each defense or issue asserted.(3) A manufacturer may amend its statement to delete defenses or issues or add newly discovered defenses or issues. The amended statement must be received by the panel, the consumer, and all other parties, if any, at least five (5) days prior to the date of the hearing.(4) The arbitrator(s) may refuse to consider any defense or issue that was not raised by the manufacturer or received by the parties or the panel in a timely manner.Ga. Comp. R. & Regs. R. 60-2-1-.17
O.C.G.A. §§ 10-1-786, 10-1-795.
Original Rule entitled "Manufacturer's Statement Form" adopted. F. May 16, 2016; eff. June 5, 2016.