| (a) When a refund of the purchase price or replacement
of a motor vehicle is ordered, the complainant shall be reimbursed
for certain incidental costs incurred by the complainant from loss
of use of the motor vehicle because of the defect or nonconformity
which is the basis of the complaint. The costs must be reasonable
and verifiable. Reimbursable incidental costs include, but are not
limited to the following costs:
(1) alternate transportation;
(2) towing;
(3) telephone calls or mail charges directly attributable
to contacting the manufacturer, distributor, converter, or dealer
regarding the motor vehicle;
(4) meals and lodging necessitated by the motor vehicle's
failure during out-of-town trips;
(5) loss or damage to personal property;
(6) attorney fees if the complainant retains counsel
after notification that the respondent is represented by counsel;
and
(7) items or accessories added to the motor vehicle
at or after purchase, less a reasonable allowance for use.
(b) Incidental costs shall be included in the final
refund amount required to be paid by a manufacturer, distributor,
or converter to a prevailing complainant, or in the case of a motor
vehicle replacement, shall be tendered to the complainant at the time
of replacement.
(c) When awarding reimbursement for the cost of items
or accessories presented under subsection (a)(7) of this section,
the hearings examiner shall consider the permanent nature, functionality,
and value added by the items or accessories and whether the items
or accessories are original equipment manufacturer (OEM) parts or
non-OEM parts.
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