(1) The department's dispute resolution procedure shall be available to the consumer in the following cases:

(a) in the event that a manufacturer has not established an informal dispute resolution procedure which has been certified by the department; and

(b) de novo, by appeal from a decision following the manufacturer's dispute settlement procedure when such procedure does not conform to procedures established by a manufacturer pursuant to 61-4-511 , MCA, and the consumer has been injured thereby.