61-4-517. Implementation of arbitration. (1) A consumer may initiate a request for arbitration by filing a notice with the department of commerce. The consumer shall file, on a form prescribed by the department of commerce, any information considered relevant to the resolution of the dispute and shall return the form, along with a $50 filing fee, within 5 days after receiving it. The complaint form must offer the consumer the choice of presenting any subsequent testimony orally or in writing, but not both.
     (2) The department of commerce shall determine whether the complaint alleges the violation of any applicable warranty under this part. If the department of commerce determines that a complaint does not allege a warranty violation, it must refund the filing fee.
     (3) Upon acceptance of a complaint, the department of commerce shall notify the manufacturer of the filing of a request for arbitration and shall obtain from the manufacturer, on a form prescribed by the department of commerce, any information considered relevant to the resolution of the dispute. The manufacturer must return the form within 15 days of receipt, with a filing fee of $250.
     (4) Fees collected under this section shall be deposited in a special revenue fund for the use of the department of commerce in administering this part.
     (5) The manufacturer's fee provided in subsection (3) is due only if the department of commerce arbitration procedures are utilized.

     History: En. Sec. 12, Ch. 744, L. 1985.