Section 61.30.6. Notification of settlement or decision.


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  •        30.6(1) A manufacturer’s dispute resolution program certified in this state, or a program established by a manufacturer applying for certification in this state, shall submit to the attorney general a copy of each settlement approved by the program and decision made by the decision maker within 30 days after the settlement is reached or the decision is rendered.

           30.6(2) The decision or settlement shall contain the following information:

            a.           The year, make, model, and vehicle identification number of the vehicle in question, and a copy of the consumer’s or lessee’s certificate of title for the vehicle if replaced or if a refund is issued;

            b.           The consumer’s name, address, and telephone number;

            c.           The manufacturer’s name, address, and telephone number;

            d.           The name, address, and telephone number of the dealership at which the vehicle was purchased or leased and the date of the original delivery of the vehicle to a consumer;

            e.           A copy of the consumer’s sales or lease agreement;

            f.            A list of all collateral charges incurred by the consumer;

            g.           A list of all incidental charges incurred by the consumer;

            h.           If a lease, a list of all factors taken into consideration in determining the lease price and lessee cost and the monetary sum for each such factor considered;

            i.            A list of each nonconformity alleged by the consumer to substantially impair the motor vehicle, the date of the consumer’s first report of each nonconformity to the manufacturer, and, if available, the odometer reading of the vehicle on the date of the consumer’s first report;

            j.            The date of the consumer’s written notification to the manufacturer of each nonconformity for which:

           (1)             Three attempts have been made to repair the same nonconformity;

           (2)             One attempt has been made to repair a nonconformity that is likely to cause death or serious bodily injury; or

           (3)             The motor vehicle has been out of service by reason of repair of one or more nonconformities for 20 or more cumulative days;

            k.           The number of miles attributable to the consumer up to the date of the third attempt to repair the same nonconformity which is the subject of the claim, or the first attempt to repair a nonconformity that is likely to cause death or serious bodily injury, or the twentieth cumulative day when the vehicle is out of service by reason of repair of one or more nonconformities, whichever occurs first;

            l.            The date the dispute was submitted to the program;

            m.          If a decision, the name of the decision maker, the date the decision was rendered, the reasons for the decision, the actions required of the manufacturer, if applicable, and the date by which the manufacturer was to fulfill the terms of the decision;

            n.           If a settlement, the date of the settlement; and

            o.           The terms of settlement or decision, including:

           (1)             Whether a refund or replacement;

           (2)             The sum of reasonable offset for use, if any, and a detailed explanation of the calculation of the offset;

           (3)             If a refund, the sum of refund;

           (4)             The date of delivery and year, make, model, and vehicle identification number of replacement vehicle, if any; and

           (5)             The odometer reading of the vehicle at the time the manufacturer accepted return of the vehicle.

           30.6(3) Any records submitted, or portions thereof, may be stored by the attorney general on a computer system.