PURPOSE: The attorney general administers provisions of the Wheelchair Lemon Law and Assistive Devices for Major Life Activity, sections 407.950 to 407.970, RSMo. The attorney general is required to establish regulations controlling the arbitration of disputes arising under these provisions. This rule specifies procedures to be followed by the arbitrator in conducting the hearing.

1. (1) Upon the failure of a party to appear at an oral hearing, the arbitrator shall nevertheless conduct the hearing and render a decision based on the evidence presented and documents contained in the file.
2. (2) If neither party appears at a scheduled oral hearing, the arbitrator shall dismiss the case without a decision and so notify the parties. The dismissal shall be without prejudice to future refiling.
3. (3) In a documents-only hearing, where the manufacturer fails to respond to the claim, the arbitrator shall render a decision based upon the documents contained in the file.

AUTHORITY: sections 407.965 and 407.970, RSMo 2000.* Original rule filed Jan. 27, 2003, effective Aug. 30, 2003.

*Original authority: 407.965, RSMo 1995 and 407.970 RSMo 1995.