Trans 143.03(3)(e) (e) The types of information which the certified mechanism may require for prompt resolution of disputes.

Trans 143.03(4) (4) The manufacturer shall take steps reasonably calculated to make consumers aware of the certified mechanism’s existence at the time consumers experience warranty complaints. Nothing contained in sub. (2), (3), or (4) shall limit the manufacturer’s option to encourage consumers to seek redress directly from the manufacturer as long as the manufacturer does not expressly require consumers to seek redress directly from the manufacturer. The manufacturer shall proceed fairly and expeditiously to attempt to resolve all warranty complaints submitted directly to the manufacturer.

Trans 143.03(5) (5) Whenever a consumer submits a warranty complaint directly to a manufacturer, the manufacturer shall decide whether, and to what extent, it will satisfy the consumer.

Trans 143.03(5)(a) (a) If the consumer’s warranty complaint is submitted to the manufacturer orally, the manufacturer may respond orally, unless the consumer requests a written response; or,

Trans 143.03(5)(b) (b) If the consumer’s warranty complaint is submitted to the manufacturer in writing, the manufacturer shall respond in writing. In its written response to the consumer of its decision, the manufacturer shall include the information required in subs. (2) and (3).

Trans 143.03(6) (6) The manufacturer shall:

Trans 143.03(6)(a) (a) Respond fully and promptly to reasonable requests by the certified mechanism for information;

Trans 143.03(6)(b) (b) Abide by and perform any obligations ordered in decisions of the certified mechanism; and,

Trans 143.03(6)(c) (c) Comply with requirements imposed by the certified mechanism.

Trans 143.03 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88; corrections in (1), (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 143.04 Trans 143.04 Certified mechanism organization.

Trans 143.04(1) (1) The certified mechanism shall be funded and competently staffed at a level sufficient to ensure fair and expeditious resolution of all disputes, and shall not charge consumers any fee for use of the certified mechanism.

Trans 143.04(2) (2) The manufacturer and the certified mechanism shall assure that decision makers are sufficiently insulated so that their decisions are independent of the manufacturer.

Trans 143.04 History History: Cr. Register, July, 1988, No. 391, eff. 8-1-88.

Trans 143.05 Trans 143.05 Qualifications of decision makers.

Trans 143.05(1) (1) No decision maker deciding a dispute shall be:

Trans 143.05(1)(a) (a) A party to the dispute;

Trans 143.05(1)(b) (b) An employee or agent of a party, except if employed or retained for the sole purpose of deciding disputes;

Trans 143.05(1)(c) (c) A person who is a party in any legal action relating to the motor vehicle in dispute.

Trans 143.05(2) (2) The composition of the decision maker panel shall be as follows:

Trans 143.05(2)(a) (a) When one of 2 decision makers are deciding a dispute, all shall be persons having no direct involvement in the manufacture, distribution, or retail sale of any motor vehicle.

Trans 143.05(2)(b) (b) When 3 or more decision makers are deciding a dispute, at least two thirds of the decision makers shall be persons having no direct involvement in the manufacture, distribution, or retail sale of motor vehicles.

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.