The following requirements shall be applicable to intrastate activity of any mobile home mover, hereinafter called "carrier", who has a certificate of public convenience and necessity from the State Highway Commission:
(1)
- (A) Each carrier shall designate an employee as claims manager and shall file the name, business address, and telephone number of such employee with the commission.
- (B) It shall be the responsibility of the claims manager to execute other provisions of this section as agent for the carrier;
(2)
- (A) Any claim or complaint made to the carrier with reference to loss or damage to property transported by it or services unsatisfactorily rendered by it, however communicated to the carrier, shall be recorded and kept on file by the carrier.
- (B) Hereafter, such claim or complaint shall be referred to as a claim, and the complaining party as the claimant.
(C) Such record shall contain the following for each claim:
- (i) Name, address, and telephone number of claimant;
- (ii) Date of receipt of the claim;
- (iii) Specific nature of claim;
- (iv) Copies of all correspondence received by the carrier or sent by the carrier to any other party with reference to the claim;
- (v) Record of the content of any conversations, by telephone or in person, between the carrier or its agent and the claimant with reference to the claim;
- (vi) Record of the pre-move inspection required to be made by 27 CAR § 110-1602; and
- (vii) Record of the investigation made by the carrier of the claim;
- (3) Every claim received by the carrier, whether by written correspondence, telephone, or otherwise, shall be acknowledged in writing to the claimant within ten (10) calendar days after receipt thereof;
(4)
- (A) When a claim is filed, the carrier shall pay, decline, or make a firm compromise settlement offer in writing to the claimant within sixty (60) days after receipt of the claim, subject to the provisions of subdivision (5) of this section.
- (B) For the purpose of this section, payment of a claim may be satisfied by actual, present repair of damage by the carrier or its agent if such is agreeable to the claimant.
- (C) An agreement for future repair to be completed later than sixty (60) days after receiving the claim, if such is agreeable to the claimant, will be considered to be a firm compromise settlement offer if the reason for that delay is the carrier's unavoidable delay in receiving materials required to make the repair;
(5)
- (A) If for reasons beyond the control of the carrier, the claim cannot be processed and disposed of within sixty (60) days after receipt thereof as required by subdivision (4) of this section, the carrier, upon becoming aware that processing of the claim will take longer than sixty (60) days, shall notify the claimant in writing of the delay and of the reason for such delay in disposition of the claim.
- (B) The carrier shall furnish a copy of this correspondence to the commission, and it shall be indicated on the correspondence to the claimant that the commission has been sent such copy.
- (C) That indication shall state the full address and the telephone number of the commission (Arkansas State Highway Commission, P.O. Box 2261, Little Rock, Arkansas, 72203, Telephone No. (501) 569-2000).
- (D) At the expiration of each succeeding thirty-day period following original notification to the claimant that the disposition of the claim will be delayed, and for as long as there has been no final disposition of the claim, the carrier shall advise the claimant in writing of the status of the pending claim, and shall send a copy of such correspondence to the commission; and
(6)
- (A) Upon declining to pay any claim or upon the expiration of a ninety-day calendar period after receipt by a carrier of a claim of which there has been made no final disposition, the carrier shall send to the commission a copy of the full record of the claim which has been kept in accordance with subdivision (2) of this section.
- (B) Provided, nothing in this subsection shall be interpreted to require the commission to be informed of any confidential or privileged communication concerning a claim between an agent of the carrier and the carrier or its representative unless such communication forms any part of the basis upon which a claim is denied.