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20-29-107. Appeals.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-29-107. Appeals.
(a)(1) Appeals from a decision of the Arkansas Manufactured Home Commission shall be to the circuit court in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(2) The appeal shall stay that portion of the commission order which directs payment of the damages. Neither the respondent nor the commission shall be required to pay damages to the complainant until such time as a final order of the circuit court, Court of Appeals, or Supreme Court is issued.
(b) On appeal, the circuit court jurisdiction in awarding damages to be paid from the Manufactured Housing Recovery Fund shall be limited in amount to:
(1) The amount determined by the commission; or
(2) The limits set forth in § 20-29-106(c). The court shall not award attorney's fees or court costs to be paid by the fund.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-29-107
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:20-29-107
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c57e5d8ec4ee1d11f7ac8e6401a81ebd20a7df2ea340336b58bdd0e3dbcb0f34
Source location: content.xml paragraph 24868
Stored source content
20-29-107. Appeals.
(a)(1) Appeals from a decision of the Arkansas Manufactured Home Commission shall be to the circuit court in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(2) The appeal shall stay that portion of the commission order which directs payment of the damages. Neither the respondent nor the commission shall be required to pay damages to the complainant until such time as a final order of the circuit court, Court of Appeals, or Supreme Court is issued.
(b) On appeal, the circuit court jurisdiction in awarding damages to be paid from the Manufactured Housing Recovery Fund shall be limited in amount to:
(1) The amount determined by the commission; or
(2) The limits set forth in § 20-29-106(c). The court shall not award attorney's fees or court costs to be paid by the fund.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-29-106. Payment of damages — Award from Manufactured Housing Recovery Fund when damages not paid.
(a) Upon a finding by the Arkansas Manufactured Home Commission that a standard has been violated, the commission shall direct the respondent licensee, retailer, installer, or manufacturer to correct the violation within a reasonable time, not to exceed ninety (90) days following the written decision of the commission.
(b) If the violation is not corrected within ninety (90) days following the written decision of the commission and if no appeal of the decision has been filed in the circuit court, the commission, upon request, shall pay from the Manufactured Housing Recovery Fund the actual cost of repairs to the manufactured home if:
(1) The amount is not in excess of ten thousand dollars ($10,000) for any one (1) violation of the respondent licensee, installer, retailer, or manufacturer;
(2) The fund balance is sufficient to pay the award;
(3) The complainant has assigned all rights and claims that he or she has against the respondent to the commission; and
(4) The complainant agrees to subrogate the commission to all rights of the complainant to the extent of the payment.
(c) Nothing in this section shall obligate the fund for any amount in excess of twelve thousand five hundred dollars ($12,500) per installer, twenty-five thousand dollars ($25,000) per retailer, or seventy-five thousand dollars ($75,000) per manufacturer with respect to the actions of any one (1) licensee, installer, retailer, or manufacturer.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-29-106
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. The source passage cites 20-29-106. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.