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20-29-103. Disposition of funds.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-29-103. Disposition of funds.
(a) There is created on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a trust fund to be known as the “Manufactured Housing Recovery Fund”.
(b) The fund shall consist of trust fund receipts derived from fees assessed under this chapter by the Arkansas Manufactured Home Commission and shall be used for such purposes as are set out in §§ 20-29-104 — 20-29-108, 20-29-109 [repealed], and 20-29-110.
(c) No money shall be expended from the fund for any purpose except at the direction of the commission.
(d) The fund shall be administered, disbursed, and invested under the direction of the commission.
(e)(1) All incomes derived through investment of the fund shall be credited to the fund as investment income.
(2) For the purposes of investment, moneys invested and interest earned thereon shall be administered as trust funds pursuant to the State Treasury Management Law, § 19-3-501 et seq.
(f) Further, all moneys deposited into the fund shall not be subject to any deduction, tax, levy, or any other type of assessment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-29-103
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:20-29-103
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a2be2fd50328bada561d7387f667014874da00931519e423519a6036e4ffeaa2
Source location: content.xml paragraph 24807
Stored source content
20-29-103. Disposition of funds.
(a) There is created on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State a trust fund to be known as the “Manufactured Housing Recovery Fund”.
(b) The fund shall consist of trust fund receipts derived from fees assessed under this chapter by the Arkansas Manufactured Home Commission and shall be used for such purposes as are set out in §§ 20-29-104 — 20-29-108, 20-29-109 [repealed], and 20-29-110.
(c) No money shall be expended from the fund for any purpose except at the direction of the commission.
(d) The fund shall be administered, disbursed, and invested under the direction of the commission.
(e)(1) All incomes derived through investment of the fund shall be credited to the fund as investment income.
(2) For the purposes of investment, moneys invested and interest earned thereon shall be administered as trust funds pursuant to the State Treasury Management Law, § 19-3-501 et seq.
(f) Further, all moneys deposited into the fund shall not be subject to any deduction, tax, levy, or any other type of assessment.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-29-104. Assessments.
(a) The Arkansas Manufactured Home Commission shall collect assessment fees from manufacturers of manufactured homes in this state, manufacturers of manufactured homes in other states selling manufactured homes in this state, and installers and retailers.
(b) The commission shall collect the following assessment fees at the time of submission of initial certification or licensure applications:
(1) Installer $2,500.00 per location
(2) Retailer 5,000.00 per location
(3) Manufacturer 10,000.00 per location
(c)(1) If the balance of the Manufactured Housing Recovery Fund falls below two hundred fifty thousand dollars ($250,000), then the commission may collect an annual assessment from each manufacturer of manufactured homes in this state, manufacturers of manufactured homes in other states selling manufactured homes in this state, and installers and retailers, and the annual assessment shall continue until such time as the fund is restored to a minimum level of two hundred fifty thousand dollars ($250,000).
(2) The annual assessments collected shall not exceed the following:
(A) Installer $500.00 per location
(B) Retailer 1,000.00 per location
(C) Manufacturer 3,000.00 per location
(3) The assessments shall be collected within thirty-days' notice to all certified manufacturers, retailers, and licensed installers.
(d)(1) Any participant may receive a refund of its initial assessment after a two-year waiting period after it ceases operation of its business in this state if there are no claims pending against the participant, provided that:
(A) The participant shall notify the commission by certified mail within forty-five (45) days after the two-year waiting period and request the refund or the assessment fee
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-29-104
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 20-29-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-29-108. Suspension of license pending reimbursement or appeal.
(a)(1) The Arkansas Manufactured Home Commission shall suspend the license or certificate of each licensee, installer, retailer, or manufacturer until such time as the licensee, installer, retailer, or manufacturer reimburses award amounts paid on its behalf to the Manufactured Housing Recovery Fund, plus interest at a rate to be determined by the commission, but the interest is not to exceed ten percent (10%) per annum.
(2) The commission may permanently suspend the license or certificate of the respondent upon failure to pay an order of the commission or court.
(b) The commission may move the circuit court to suspend the license or certificate of the respondent during pendency of an appeal from a commission order.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-29-108
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 20-29-108. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-29-109. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-29-109
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 20-29-109. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-29-110. Enforcement.
(a) The Arkansas Manufactured Home 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 § 20-29-107.
(b) All hearings and appeals under this chapter shall be pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(c) Nothing in this chapter shall be construed to limit or restrict in any manner other civil or criminal remedies available under other laws to any person.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-29-110
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 20-29-110. This identifies an authority to review, not proof of applicability.