Chapter Trans 143

Trans 143.05(3) (3) Decision makers deciding disputes under the guidelines of a certified mechanism shall be trained by the manufacturer or the certified mechanism in the application of s. 218.0171, Stats., prior to hearing any dispute.

Trans 143.05(4) (4) Certified mechanisms shall make available to any person upon demand, at reasonable cost, information relating to the general qualifications of decision makers.

Trans 143.05 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 143.06 Trans 143.06 Operation of the certified mechanism.

Trans 143.06(1) (1) The certified mechanism shall establish written operating procedures which shall include at least those items specified in subs. (2) through (11). Copies of the written procedures shall be made available to any person upon request, at reasonable cost.

Trans 143.06(2) (2) Upon notification of a dispute, the certified mechanism shall immediately inform both the manufacturer and the consumer of receipt of the dispute.

Trans 143.06(3) (3) The certified mechanism or decision maker shall investigate, gather and organize all information necessary for a fair and expeditious decision. When information which will or may be used in the decision, submitted by one party, or a representative of one of the parties, or any other source, tends to contradict information submitted by the other party, the certified mechanism shall clearly, accurately, and completely disclose to both parties the contradictory information (and its source) and shall provide both parties an opportunity to explain or rebut the information and to submit additional materials. The certified mechanism shall not require any information not reasonably necessary to decide the dispute.

Trans 143.06(4) (4) Except as provided in sub. (7), if the dispute has not been settled, the certified mechanism shall, as expeditiously as possible but at least within 40 calendar days of notification of the dispute:

Trans 143.06(4)(a) (a) If no oral presentation is scheduled for the day of the hearing, make available to the decision maker(s), copies of information submitted by both parties and information gathered under sub. (3), at least 5 calendar days prior to the hearing date.

Trans 143.06(4)(b) (b) Based upon the information gathered, render the following decisions:

Trans 143.06(4)(b)1. 1. Determine if the motor vehicle has a nonconformity, and

Trans 143.06(4)(b)2. 2. Determine if the manufacturer has made a reasonable attempt to repair the motor vehicle.

Trans 143.06(4)(c) (c) Based upon the determinations made in par. (b) 1. and 2., the certified mechanism shall award relief to the consumer consistent with s. 218.0171 (2) (b), Stats.

Trans 143.06(4)(d) (d) Render a written decision to both parties and the department including the following:

Trans 143.06(4)(d)1. 1. Basis for the decision which shall include a summary of any relevant and material information presented by either party.

Trans 143.06(4)(d)2. 2. Specific financial or other compensation awarded to either party.

Trans 143.06(4)(d)3. 3. A specific date for completion of the transactions necessary to carry out the decision of the certified mechanism.

Trans 143.06(4)(d)4. 4. A statement that the decision is binding upon the warrantor and not the consumer.

Trans 143.06(4)(d)5. 5. A statement that the consumer has the option of rejecting the decision of the certified mechanism and may seek redress by other rights and remedies, including those provided by s. 218.0171 (7), Stats.

Trans 143.06(4)(d)6. 6. A statement that the consumer has 45 calendar days from receipt of the decision to inform the certified mechanism in writing of the consumer’s intent to accept or reject the decision of the certified mechanism.

Trans 143.06(4)(d)7. 7. A statement that the decision of the certified mechanism may be introduced in evidence in court.

Trans 143.06(4)(d)8. 8. A statement that both parties may obtain, at reasonable cost, copies of all documents held by the certified mechanism relating to the dispute.

Trans 143.06(5) (5) If the consumer fails to respond within 45 calendar days, it will be assumed that the consumer has rejected the decision of the certified mechanism.

Trans 143.06(6) (6) The dispute shall be considered closed when:

Trans 143.06(6)(a) (a) The consumer or consumer’s representative accepts or rejects the decision of the certified mechanism; or

Trans 143.06(6)(b) (b) The decision of the certified mechanism is rejected under the provisions of sub. (4) (d) 6. or (5).

Trans 143.06(7) (7) The certified mechanism may delay the performance of its duties under sub. (4) beyond the 40 day limit:

Trans 143.06(7)(a) (a) Where the period of delay is due solely to failure of a consumer to provide his or her name and address, manufacturer make, model and vehicle identification number of the motor vehicle involved, and a statement as to the nature of the defect or other problem;

Trans 143.06(7)(b) (b) For a 7 calendar day period in those cases where the consumer has made no attempt to seek redress directly from the manufacturer; or,

Trans 143.06(7)(c) (c) If the certified mechanism attempts to mediate the dispute, but only if the certified mechanism clearly and conspicuously discloses to the consumer the following information:

Trans 143.06(7)(c)1. 1. That mediation is voluntary on the part of the consumer and may be terminated by the consumer at any time, and

Trans 143.06(7)(c)2. 2. That a conclusive decision shall be rendered within 60 calendar days from the date of original receipt of the dispute by the certified mechanism, in the event that mediation fails to settle the dispute.

Trans 143.06(8) (8) The certified mechanism may allow an oral presentation by a consumer or a consumer’s representative only if:

Trans 143.06(8)(a) (a) Both manufacturer and consumer expressly agree to the presentation;

Trans 143.06(8)(b) (b) A date, time, means and location convenient to both parties can be arranged; and,

Trans 143.06(8)(c) (c) Prior to agreement the certified mechanism fully discloses to both parties the following information:

Trans 143.06(8)(c)1. 1. That the presentation by either party will take place only if both parties so agree, but if they agree, and one party fails to be available at the agreed upon time and place, the presentation by the other party may still be allowed;

Trans 143.06(8)(c)2. 2. That the decision makers will decide the dispute whether or not an oral presentation is made;

Trans 143.06(8)(c)3. 3. The proposed date, time, means and place for the presentation; and

Trans 143.06(8)(c)4. 4. A brief description of what will occur at the presentation including both parties’ rights to bring witnesses and/or counsel.

Trans 143.06(8)(d) (d) Each party has the right to be present during the other party’s oral presentation.

Trans 143.06(9) (9) If the manufacturer has been directed to perform any obligations, either as part of a settlement agreed to after notification to the certified mechanism of the dispute or as a result of a decision under sub. (4), the certified mechanism shall ascertain from the consumer within 10 working days of the date for performance whether performance has occurred.

Trans 143.06(10) (10) A requirement that a consumer resort to a certified mechanism prior to commencement of an action under s. 218.0171 (7), Stats., shall be satisfied 40 calendar days after notification to the certified mechanism of the dispute or when the certified mechanism completes its duties under sub. (4), whichever occurs sooner. Except that, if the certified mechanism delays performance of its duties under sub. (4), as allowed by sub. (7), the requirement that the consumer initially resort to the certified mechanism shall not be satisfied until the period of delay allowed by sub. (7) has ended.

Trans 143.06(11) (11) Decisions of the certified mechanism shall be legally binding on the manufacturer.

Trans 143.06 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections in (4) (c), (d) 5., (10) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 143.07 Trans 143.07 Recordkeeping.

Trans 143.07(1) (1) The certified mechanism shall maintain records on each dispute referred to it. The records shall include:

Trans 143.07(1)(a) (a) Name, address and telephone number of the consumer; if available,

Trans 143.07(1)(b) (b) Name, address, telephone number and contact person of the manufacturer;

Trans 143.07(1)(c) (c) Make and vehicle identification number of the motor vehicle involved;

Trans 143.07(1)(d) (d) The date of receipt of the dispute and the date of disclosure to the consumer of the decision;

Trans 143.07(1)(e) (e) All letters or other written documents submitted by either party;

Trans 143.07(1)(f) (f) All other evidence relating to the dispute collected by the certified mechanism and available to the decision maker;

Trans 143.07(1)(g) (g) The decision issued including information as to date, time, means and place of meeting, and the identity of decision makers;

Trans 143.07(1)(h) (h) A copy of the disclosure to the parties of the decision;

Trans 143.07(1)(i) (i) Copies of follow up letters (or summaries of relevant and material portions of follow-up telephone calls) to both parties, and responses thereto; and

Trans 143.07(1)(j) (j) Any other documents and communications (or summaries of relevant and material portions of oral communications) relating to the dispute.

Trans 143.07(2) (2) The certified mechanism shall submit an annual report to the department. The report shall include, but not be limited to, the following:

Trans 143.07(2)(a) (a) Statistics which show the number and percent of disputes in each of the following categories:

Trans 143.07(2)(a)1. 1. No jurisdiction;

Trans 143.07(2)(a)2. 2. Motor vehicles, by vehicle make and vehicle identification number, determined to be nonconforming;

Trans 143.07(2)(a)3. 3. Disputes resolved by awarding the consumer a replacement motor vehicle.

Trans 143.07(2)(a)4. 4. Disputes resolved by awarding a financial refund to the consumer or the holder of a perfected security interest;

Trans 143.07(2)(a)5. 5. Number of resolutions where the consumer was awarded nothing;

Trans 143.07(2)(a)6. 6. Number of awards accepted by consumers;

Trans 143.07(2)(a)7. 7. Number of awards rejected by consumers;

Trans 143.07(2)(a)8. 8. Number of awards the manufacturer failed to abide by;

Trans 143.07(2)(a)9. 9. Decisions delayed beyond 60 calendar days under s. Trans 143.06 (7) (a), (b) and (c);

Trans 143.07(2)(a)10. 10. Decisions delayed beyond 60 calendar days for any other reason; and

Trans 143.07(2)(a)11. 11. Pending decisions.

Trans 143.07(2)(b) (b) The amount of financial compensation awarded the consumer under s. 218.0171 (2) (b), Stats.

Trans 143.07(2)(c) (c) Amount of reasonable use compensation awarded to the manufacturer under s. 218.0171 (2) (b), Stats.;

Trans 143.07(2)(d) (d) The name, address and telephone number of the certified mechanism;

Trans 143.07(2)(e) (e) The written operating procedures of the certified mechanism;

Trans 143.07(2)(f) (f) The general qualifications of persons the certified mechanism utilizes as decision makers;

Trans 143.07(2)(g) (g) The vehicle makes and models for which the certified mechanism is authorized to hear disputes;

Trans 143.07(2)(h) (h) A statement certifying that the certified mechanism will continue to apply and abide by the requirements of s. 218.0171, Stats.

Trans 143.07(3) (3) The certified mechanism shall retain all records specified in subs. (1) and (2) for at least 4 years after final disposition of the dispute.

Trans 143.07 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections in (2) (b), (c), (h) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 143.08 Trans 143.08 Audits.

Trans 143.08(1) (1) Pursuant to s. 218.0171 (4) (d), Stats., the certified mechanism shall submit an annual independent audit at the certified mechanism’s expense to the department which shall include at a minimum the following:

Trans 143.08(1)(a) (a) An evaluation of the manufacturer’s efforts to make consumers aware of the certified mechanism’s existence as required in s. Trans 143.03 (4);

Trans 143.08(1)(b) (b) A review of the records maintained pursuant to s. Trans 143.07 (1) and (2);

Trans 143.08(1)(c) (c) An analysis of a random sample of disputes handled by the certified mechanism during the period of time subject to the audit to determine the certified mechanism’s compliance with the provisions of this chapter.

Trans 143.08(2) (2) In each audit provided for in sub. (1) the department may require additional documentation of compliance with this chapter.

Trans 143.08(3) (3) The department, at its discretion, may audit a certified mechanism for compliance with this chapter.

Trans 143.08 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88; correction in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 143.09 Trans 143.09 Openness of records and proceedings.

Trans 143.09(1) (1) The statistical summaries specified in s. Trans 143.07 (2) shall be available to any person for inspection and copying.