(a) Types of certification and licensing. Any person, firm, or corporation which acts in one (1) or more of the following capacities shall be required to certify or license with the Arkansas Manufactured Home Commission:

1. (1) “Manufacturer” means any person, firm, or corporation not otherwise certified or licensed, in or out of state, delivering or shipping modular homes into the state for sale;
2. (2) "Retailer” means any person, firm, or corporation not otherwise certified or licensed, in the business of accepting on consignment, buying for resale, selling or exchanging modular homes or offering same to the public for sale, exchange, or lease-purchase, whether for himself or herself or on behalf of any other person;
3. (3) “Installer” means any person, firm, or corporation not otherwise certified or licensed, installing and anchoring modular homes;
4. (4) “Salesperson” means any person engaged in the selling of modular homes, either as a manufacturer representative or retailer salesperson, must apply for a license within thirty (30) days of beginning to sell modular homes in the State of Arkansas.

(b) Annual certification or license renewal required.

1. (1) Each person, firm, or corporation certified or licensed by the commission shall apply for renewal of their certification or license annually and must meet all the criteria for certification or license renewal.
2. (2) Certifications or licenses shall expire one (1) year from the date of the original certification or license and must be renewed annually.

3. (3)

   1. (A) The Director of the Arkansas Manufactured Home Commission may authorize the renewal of a certification or license made after the renewal date upon payment of a late fee of ten dollars ($10.00) per calendar day of delinquency not to exceed thirty (30) days.
   2. (B) After thirty (30) days, the certification or license shall be suspended.
   3. (C)

(i) Suspension of certification or license may be appealed in accordance with 20 CAR § 910-205(a)(4) of this part.

1. (ii) Continuing to operate after the suspension of certification or license is in violation of Acts 2005, No.1235.

   1. (c) Separate entity. For certification/licensing and compliance purposes, manufacturers, retailers, and installers that occupy more than one (1) location shall have each location treated as a separate entity and adhere to all requirements for certification or licensing.

      1. (d) Statement of compliance.
2. (1) The statement of compliance shall be signed by the person or responsible officer having full authority to commit his or her firm to the conditions of compliance and shall not be transferable.
3. (2) Violation of the statement of compliance shall be considered grounds for suspension of the certification or license.

(e) Failure to obtain certification or license.

1. (1) No person, firm, or corporation shall act as a manufacturer, retailer, or installer having first secured the required certification or license from the commission.

2. (2) The commission shall have the authority to:

   1. (A) Collect fees and assessments from any person, firm, or corporation found to be acting as a manufacturer, retailer, or installer without having first secured the required certification or license from the commission;
   2. (B) Impose a monetary penalty not to exceed one thousand dollars ($1,000) for each violation of any provision of Acts 2005, No.125 or the rules promulgated thereunder; and
   3. (C) File suit in circuit court to enjoin any person, firm, or corporation acting as a manufacturer, retailer, or installer without having first secured the required certification or license from the commission.