Montana Code Annotated 1995

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     61-4-519. Action by arbitration panel -- decision. (1) The arbitration panel shall, as expeditiously as possible, but not later than 60 days after the department of commerce has accepted a complaint, render a fair decision based on the information gathered and disclose its findings and its reasoning to the parties.
     (2) The decision shall provide appropriate remedies, including but not limited to:
     (a) repair of the vehicle;
     (b) replacement of the vehicle with an identical vehicle or a comparable vehicle acceptable to the consumer;
     (c) refund as provided in 61-4-503(2);
     (d) any other remedies available under the applicable warranties or 15 U.S.C. 2301 through 2312, as in effect on October 1, 1983; or
     (e) reimbursement of expenses and costs to the prevailing party.
     (3) The decision shall specify a date for performance and completion of all awarded remedies. The department of commerce shall contact the prevailing party within 10 working days after the date for performance to determine whether performance has occurred. The parties shall act in good faith in abiding by any decision. In addition, if the decision is not accepted, the parties shall follow the provisions of Title 27, chapter 5. If it is determined by the court that the appellant has acted without good cause in bringing an appeal of an award, the court, in its discretion, may grant to the respondent his costs and reasonable attorney fees.

     History: En. Sec. 14, Ch. 744, L. 1985; amd. Sec. 23, Ch. 744, L. 1985.

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