Rule 60-2-1-.27 - Failure to Appear(1) If a lessor fails to appear, the scheduled hearing will be held. The arbitrator(s) may, in his or her discretion, exclude any evidence or information filed by the lessor, including but not limited to, information filed pursuant to Rule 60-2-1-.24(1)(b).(2) If a manufacturer fails to appear, the scheduled hearing will be held. The arbitrator(s) shall make a decision based on the evidence presented by the consumer and any other party and any documents and information contained in the record. If the decision is in favor of the consumer, the manufacturer shall be notified immediately. The manufacturer shall have two (2) business days from receipt of notice to file a request that the decision be set aside. The request shall include evidence of good cause that resulted in the manufacturer's failure to appear.(3) If the consumer fails to appear, the hearing shall be cancelled and the case dismissed with prejudice. The panel will immediately notify the consumer of the dismissal. The consumer shall have two (2) business days from receipt of notice to file a request that the dismissal be set aside. The request shall include evidence of good cause that resulted in the consumer's failure to appear. If the case is dismissed with prejudice due to the consumer's failure to appear, the consumer will not be considered to have exhausted all remedies for purposes of filing a civil action pursuant to O.C.G.A. § 10-1-788.(4) Any request by a manufacturer or a consumer to set a decision aside under this Rule shall be considered by the arbitrator(s), who will convene a telephone hearing to hear from all parties. If the decision is set aside, a hearing will be scheduled as soon as possible.Ga. Comp. R. & Regs. R. 60-2-1-.27
O.C.G.A. §§ 10-1-786, 10-1-795.
Original Rule entitled "Failure to Appear" adopted. F. May 16, 2016; eff. June 5, 2016.