Section 61.30.4. Certification of manufacturers’ dispute resolution programs.  


Latest version.
  •        30.4(1) Application for certification. To apply for certification by the attorney general of a manufacturer dispute resolution program under the Lemon Law, a motor vehicle manufacturer may provide proof of certification in another state pursuant to subrule 30.4(2) or provide the following information to the attorney general at: Consumer Protection Division, Hoover State Office Building, Des Moines, Iowa 50319:

            a.           Records which prove that the manufacturer’s dispute resolution program is in full compliance with 16 CFR Sections 703.3 and 703.4 as amended to May 28, 1991;

            b.           A copy of the written procedures which explain the operation of the program;

            c.           A copy of all written materials provided by the program to the parties to a dispute;

            d.           A copy of the most recent of any audits conducted of the program regarding the performance of the program;

            e.           The name, address, and telephone number of the entity which administers the program;

            f.            A copy of all written materials provided by the manufacturer to consumers which state how and where to file a claim with the program;

            g.           A list of the names, addresses, and positions of all program staff;

            h.           A list of the names, addresses, and occupations of all program decision makers;

            i.            Copies of all decisions entered into or decided by the program within the six months prior to the date of application;

            j.            Copies of decisions by other states, granting, renewing, denying, or revoking certification; and

            k.           Completion of the form “Application for certification of a manufacturer dispute resolution program.”

           30.4(2) Alternative certification. If a manufacturer’s dispute resolution program is certified in another state under a law substantially similar to the Lemon Law, the manufacturer may apply for certification to the attorney general by providing proof of such certification. In determining whether to certify a dispute resolution program under this subrule, the attorney general may require the manufacturer to submit any of the information included in subrule 30.4(1) and may consider any information obtained from any state in which the manufacturer’s dispute resolution program is or was certified or where an application for certification of the program is under consideration.

           30.4(3) Denial of certification. The attorney general shall notify a manufacturer by regular mail of the denial of an application for certification of a dispute resolution program. The attorney general’s notice to the manufacturer shall include a statement of the reasons for the denial. A manufacturer may request further review of a denial of certification. The written request must be received by the Consumer Protection Division, Hoover State Office Building, Des Moines, Iowa 50319, within 30 days following the mailing of notification of the denial or revocation of certification. Any additional information to be considered by the attorney general must be filed with the application for further review and not later. If upon further review, the attorney general affirms the denial of certification, or if the manufacturer does not request further review, the decision shall be final. The manufacturer may file a new application for certification at any time following the date the decision becomes final.