Montana Code Annotated 2001

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     61-4-517. Implementation of arbitration. (1) A consumer may initiate a request for arbitration by filing a notice with the department of administration. The consumer shall file, on a form prescribed by the department of administration, 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 administration shall determine whether the complaint alleges the violation of any applicable warranty under this part. If the department of administration determines that a complaint does not allege a warranty violation, it shall refund the filing fee.
     (3) Upon acceptance of a complaint, the department of administration 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 administration, any information considered relevant to the resolution of the dispute. The manufacturer shall return the form within 15 days of receipt, with a filing fee of $250.
     (4) Fees collected under this section must be deposited in a special revenue fund for the use of the department of administration in administering this part.
     (5) The manufacturer's fee provided in subsection (3) is due only if the department of administration arbitration procedures are used.

     History: En. Sec. 12, Ch. 744, L. 1985; amd. Sec. 200, Ch. 483, L. 2001.

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