RULE NO: RULE TITLE
2-41.001: RV Mediation and Arbitration Program; Qualification, Reporting, Disqualification, Manufacturer Conduct

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol.32,No.06, February 10, 2006 issue of the Florida Administrative Weekly.

These changes are in response to written comments received from the Joint Administrative Procedures Committee.

Subsection (3) of the proposed rule is changed as follows:

(3) The department will may revoke the qualification of a program as to one or more participating manufacturers for any one of conduct that includes, but is not limited to, the following:

(a) Failure to adequately fund the program as demonstrated by:

1. Failure to pay the costs charged by the program in accordance with the contract or agreement entered into between the Program and the sponsoring manufacturer(s). The program administrator shall notify the department of a manufacturer’s failure or refusal to make payment.

2. A history of consistent failure to pay the costs charged by the program within the time for payment specified by the program. The program administrator shall notify the department of a manufacturer’s failure to make timely payment(s).

(b) Any attempt by a manufacturer, either directly, or indirectly, to exert undue influence or pressure upon the program administrator or staff in the performance of their duties, including, but not limited to, interference in the eligibility screening process, the determination of hearing locations, the initial assignment of mediators and arbitrators, except as provided by statute, this rule or the procedural rules of the program.

(c) Failure to provide documents requested by the program administrator under Section 681.1096(1)(k), F.S.

(d) Any attempts to condition consent to expand the scope of a mediation conference or an arbitration hearing upon the limitation or waiver of rights a consumer may have under a manufacturer warranty, Chapter 681, F.S., or any other law.

(e) Two or more instances of Consistent failure to be represented at mediation conferences by persons with settlement authority as required by Section 681.1097(4), F.S. For purposes of the application of Section 681.1097(4), FS, and this rule, “settlement authority” means the manufacturer shall send a representative with full and binding authority to enter into a full and complete compromise and settlement without further consultation.

(f) Consistent Ffailure, without good cause, to appear at mediation conferences or arbitration hearings scheduled by the program.

(g) Failure to timely comply with settlement agreements.

(h) Failure to timely comply with arbitration awards.

(i) Any other conduct evidencing willful disregard of the statute, the department's rules or the rules and procedures of the program.

The subsections following subsection (3) were misnumbered are corrected to be (4) and (5).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Janet L. Smith, Office of the Attorney General, The Capitol, PL-01, Tallahassee, Florida 32399-1050, (850)414-3500, email: jan_smith@oag.state.fl.us