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20-25-106. Arkansas Manufactured Home Commission — Powers and duties.

Arkansas Code — all titles (historical 2020) · legal_authorities

20-25-106. Arkansas Manufactured Home Commission — Powers and duties.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-25-106

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:20-25-106
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: db9ea376357b7e843ae92bc95e34ea883985895691bdf6ac940ab7db7d254ebe

Source location: content.xml paragraph 21982

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20-25-106. Arkansas Manufactured Home Commission — Powers and duties. (a)(1) The Arkansas Manufactured Home Commission by rule shall set uniform, reasonable standards for the proper: (A)(i) Initial installation of new manufactured homes installed in this state. (ii) The installation standards under subdivision (a)(1)(A)(i) of this section shall equal or exceed installation standards promulgated under the federal standards; and (B) Secondary installation of used manufactured homes installed in this state. (2) The commission by rule shall set the requirements for and require: (A) Licensing and certification of manufacturers of manufactured homes or modular homes in this state and manufacturers of manufactured homes or modular homes in other states selling them in this state; (B) Licensing and certification of any retailer, salesperson, and others engaged in the sale of manufactured homes or modular homes for sale in this state; and (C) Licensing, training, and certification of any installer engaged in the installation of manufactured homes or modular homes in this state. (b) The commission shall require bonding or other reasonable methods to assure that manufacturers, retailers, installers, and others licensed or certified under this chapter will be financially responsible to fully comply with the code. (c)(1) The commission shall by rule establish procedures for the investigation and timely resolution of: (A) Construction or installation defects in manufactured homes that are reported to the commission during the one-year period beginning on the date of installation of the manufactured home, including: (i) Violations of the federal standards; and (ii) Violations of the rules governing the installation of manufactured homes promulgated by the commission; and (B) Disputes among manufacturers, retailers, and installers of manufactured homes regarding responsibility for the correction or repair of construction or installation defects in manufactured homes that are reported to the commission during the one-year period beginning on the date of installation of the manufactured home. (2) The commission shall by rule establish procedures for the timely inspection and certification of a percentage of the initial installations of new manufactured homes installed in the state on a sample basis to assure compliance with installation standards adopted by the commission and to comply with requirements set forth by the United States Department of Housing and Urban Development. (3) The investigations, required corrections, and remedial actions shall be handled in accordance with the code or the rules promulgated under the code. (d)(1) The commission or subcommittee of the commission shall convene hearings and issue orders in cases of violations of this chapter or of the code or the rules promulgated by the commission. (2) The commission or subcommittee of the commission shall convene hearings, and the commission shall issue orders on appeals of determinations of responsibility for the correction of defects by manufacturers, retailers, and the Director of the Arkansas Manufactured Home Commission and his or her staff. (e) The commission shall delegate its authority, except the authority to adopt standards and rules, to the director. (f) The commission shall have the power to suspend, revoke, or refuse to renew the license or certification under this chapter of any person who is found to have been guilty of: (1) Fraud, misrepresentation, or deception in obtaining a license or certification; (2) Accepting a manufactured or modular home, directly or indirectly, from a manufacturer not certified by the state pursuant to this chapter; (3) Selling or delivering, directly or indirectly, a manufactured or modular home to a retailer not certified by the state pursuant to this chapter; or (4) Violating any provision of this chapter or rules promulgated under this chapter. (g)(1) In lieu of suspension, revocation, or refusal to renew a license certification, the commission shall have the authority to impose a monetary penalty and may suspend, refuse to renew, or revoke the license or certification until the penalty is paid to the commission. The penalty shall be imposed only if the commission formally finds that the public welfare would not be impaired by the imposition of a monetary penalty rather than suspension, refusal to renew, or revocation and that payment of the monetary penalty should achieve the desired disciplinary purpose. (2) No monetary penalty imposed by the commission shall exceed one thousand dollars ($1,000) per violation. Each separate transaction shall constitute a separate violation. (3) The commission shall not impose a civil penalty upon any person whose license or certification is suspended, revoked, or not renewed under this section. (h) Regarding any violation of this chapter or the Arkansas Manufactured Home Recovery Act, § 20-29-101 et seq., the commission shall have the power to issue subpoenas and bring before the commission as a witness any person in the state and may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence. (i) The commission shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service of the order assessing the monetary penalty unless a court enters a stay pursuant to this section. (j) All hearings and appeals therefrom under this section shall be pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (k) The commission may require manufacturers, distributors, and retailers in this state to make reports as it deems necessary. The reports shall be filed with the director. (l) No license or certification shall be transferred or assigned to any other person. (m)(1)(A) The commission shall have the authority to file suit in the Pulaski County Circuit Court to enjoin any manufacturer, retailer, or installer from doing business in this state without having first secured the required license or certification, or both. (B) The commission shall have the authority to collect from the manufacturer, retailer, or installer all fees and assessments which the commission would have collected had the manufacturer, retailer, or installer secured the required license or certification, or both. (2) The commission shall have the authority to impose a monetary penalty not to exceed one thousand dollars ($1,000) per violation by an unlicensed manufacturer, retailer, or installer of any provision of this chapter or of the rules promulgated under this chapter. (n) The commission shall adopt rules, issue orders, and otherwise act as necessary to: (1) Comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., including adopting and enforcing rules reasonably required to implement the notification and correction procedures provided by 42 U.S.C. § 5414; and (2) Provide for the effective enforcement of all the Manufactured Home Construction and Safety Standards, 24 C.F.R. § 3280.1 et seq., in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., approved by the United States Secretary of Housing and Urban Development.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5401 — Findings and purposes

**(a) Findings** Congress finds that— (1) manufactured housing plays a vital role in meeting the housing needs of the Nation; and (2) manufactured homes provide a significant resource for affordable homeownership and rental housing accessible to all Americans. **(b) Purposes** The purposes of this chapter are— (1) to protect the quality, durability, safety, and affordability of manufactured homes; (2) to facilitate the availability of affordable manufactured homes and to increase homeownership for all Americans; (3) to provide for the establishment of practical, uniform, and, to the extent possible, performance-based Federal construction standards for manufactured homes; (4) to encourage innovative and cost-effective construction techniques for manufactured homes; (5) to protect residents of manufactured homes with respect to personal injuries and the amount of insurance costs and property damages in manufactured housing, consistent with the other purposes of this section; (6) to establish a balanced consensus process for the development, revision, and interpretation of Federal construction and safety standards for manufactured homes and related regulations for the enforcement of such standards; (7) to ensure uniform and effective enforcement of Federal construction and safety standards for manufactured homes; and (8) to ensure that the public interest in, and need for, affordable manufactured housing is duly considered in all determinations relating to the Federal standards and their enforcement.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5401

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 5401. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5401 — Findings and purposes

Page 6548 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5401 115–254, shall be available for eligible adminis- trative costs of the grantee related to any dis- aster relief funding identified in this section without regard to the particular disaster appro- priation from which such funds originated. (Pub. L. 116–20, title XI, § 1101(b), June 6, 2019, 133 Stat. 900.) Editorial Notes REFERENCES IN TEXT The Housing and Community Development Act of 1974, referred to in text, is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633. Title I of the Act is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Section 420 of division L of Public Law 114–113, re- ferred to in text, is section 420 of Pub. L. 114–113, div. L, title IV, Dec. 18, 2015, 129 Stat. 2907, which is not classified to the Code. Section 145 of division C of Public Law 114–223, re- ferred to in text, is section 145 of Pub. L. 114–223, div. C, Sept. 29, 2016, 130 Stat. 916, which is not classified to the Code. Section 192 of division C of Public Law 114–223 (as added by section 101(3) of division A of Public Law 114–254), referred to in text, is section 192 of Pub. L. 114–223, div. C, as added by Pub. L. 114–254, div. A, § 101(3), Dec. 10, 2016, 130 Stat. 1019, which is not classi- fied to the Code. Section 421 of division K of Public Law 115–31, re- ferred to in text, is section 421 of Pub. L. 115–31, div. K, title IV, May 5, 2017, 131 Stat. 796, which is not classi- fied to the Code. The heading ‘‘Department of Housing and Urban De- velopment—Community Planning and Development— Community Development Fund’’ of division B of Public Law 115–56, referred to in text, can be found at Pub. L.

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5401

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 5401. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5414 — Notification and correction of defects by manufacturer

**(a) Notice to purchaser within reasonable time after discovery of defect** Every manufacturer of manufactured homes shall furnish notification of any defect in any manufactured home produced by such manufacturer which he determines, in good faith, relates to a Federal manufactured home construction or safety standard or contains a defect which constitutes an imminent safety hazard to the purchaser of such manufactured home, within a reasonable time after such manufacturer has discovered such defect. **(b) Notification by mail** The notification required by subsection (a) shall be accomplished— (1) by mail to the first purchaser (not including any retailer or distributor of such manufacturer) of the manufactured home containing the defect, and to any subsequent purchaser to whom any warranty on such manufactured home has been transferred; (2) by mail to any other person who is a registered owner of such manufactured home and whose name and address has been ascertained pursuant to procedures established under subsection (f); and (3) by mail or other more expeditious means to the retailer or retailers of such manufacturer to whom such manufactured home was delivered. **(c) Form and requisites of notification** The notification required by subsection (a) shall contain a clear description of such defect or failure to comply, an evaluation of the risk to manufactured home occupants’ safety reasonably related to such defect, and a statement of the measures needed to repair the defect. The notification shall also inform the owner whether the defect is a construction or safety defect which the manufacturer will have corrected at no cost to the owner of the manufactured home under subsection (g) or otherwise, or is a defect which must be corrected at the expense of the own

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5414

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 5414. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5414 — Notification and correction of defects by

Page 6564 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5414 at the time of such purchase or in printed matter placed in the manufactured home. (h) Disclosure of confidential information and trade secrets All information reported to or otherwise ob- tained by the Secretary or his representative pursuant to subsection (b), (c), (f), or (g) which contains or relates to a trade secret, or which, if disclosed, would put the person furnishing such information at a substantial competitive dis- advantage, shall be considered confidential, ex- cept that such information may be disclosed to other officers or employees concerned with car- rying out this chapter or when relevant in any proceeding under this chapter. Nothing in this section shall authorize the withholding of infor- mation by the Secretary or any officer or em- ployee under his control from the duly author- ized committees of the Congress. (Pub. L. 93–383, title VI, § 614, Aug. 22, 1974, 88 Stat. 707; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III, § 339B(c), Aug. 13, 1981, 95 Stat. 417; Pub. L. 106–569, title VI, § 603(b)(2), Dec. 27, 2000, 114 Stat. 2999.) Editorial Notes CODIFICATION References to ‘‘mobile homes’’, wherever appearing in text, changed to ‘‘manufactured homes’’ in view of the amendment of title VI of the Housing and Community Development Act of 1974 (this chapter) by section 308(c)(4) of Pub. L. 96–399 requiring the substitution of ‘‘manufactured home’’ for ‘‘mobile home’’ wherever ap- pearing in title VI of the Housing and Community De- velopment Act of 1974, and section 339B(c) of Pub. L. 97–35 (set out as a note under section 1703 of Title 12, Banks and Banking) providing that the terms ‘‘mobile home’’ and ‘‘manufactured home’’

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5414

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 5414. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

20-29-101. Title.

20-29-101. Title. This chapter shall be known as the “Arkansas Manufactured Home Recovery Act”.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-29-101

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-29-101. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

25-15-201. Title.

25-15-201. Title. This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-15-201. This identifies an authority to review, not proof of applicability.