Sec. 02.01.06.04. Participation in Arbitration Program

A. Precommitment Agreements. A person who conducts business in the State may agree, on a form prescribed by the Division, to submit to arbitration all, or any class of, disputes that may arise in the future between that merchant and a consumer so long as the dispute is one otherwise covered by these regulations. The agreement will provide that it will bind the business to submit to arbitration any complaint for which mediation efforts by the Division have not been fully successful, so long as the consumer also agrees to participate in the arbitration. An agreement under this section may be terminated with notice.

B. Agreements to Arbitrate. Either party to a dispute covered by these regulations that is the subject of a complaint filed with the Consumer Protection Division may request arbitration, or arbitration may be suggested by the Consumer Protection Division, whether the business has agreed in advance to submit disputes to arbitration. When arbitration is requested by a party or suggested by the Consumer Protection Division, the Division will provide to each party an agreement to arbitrate on a form prescribed by the Division. The Division will note on the form the names of the parties, the issues on which arbitration is sought, the amount of the consumer's claim, and the remedy requested. Arbitration may be agreed to only by signing the arbitration agreement, which will provide that the arbitration will be governed by these regulations, that the decision will be binding except for limited appeals allowed by the Maryland Uniform Arbitration Act, and that the decision may be enforced by the Division. The Division will notify the parties whether arbitration has been agreed to or rejected.