(a) Requirements for certification of retailers.

1. (1) Application forms shall be supplied by the agency.

2. (2) Each application shall be accompanied by the following before certification is granted:

   1. (A) Statement of compliance;
   2. (B) Fees set forth for certification;
   3. (C) Salespersons' license applications with fees other than the owner or owners of the retail location; and
   4. (D) A list of the principal owners of the retail location on a form provided by the agency.

3. (3) Applicants for original retailer certification after January 1, 2012, or applicants for renewal certification after July 1, 2012, must maintain:

   1. (A) A business office, separate and apart from any residence, connected to all applicable public utilities and in compliance with applicable local zoning regulations;
   2. (B) A public restroom, connected to all applicable public utilities;
   3. (C) A valid landline business telephone, with number listed under the name of the business;
   4. (D) A state sales tax permit and master certification issued by Department of Finance and Administration;
   5. (E) Proof of at least one million dollars ($1,000,000) in commercial general liability insurance issued in the name of the business; and
   6. (F)

(i) A permanent, all-weather business sign in view of public traffic bearing the name of the firm and identifying the firm with the housing industry.

1. (ii) Sign letters shall be at least eight inches (8”) in height.
2. (4) The applicant shall be in good standing with the Arkansas Manufactured Home Commission and shall not have any unpaid civil penalties or outstanding obligations to the commission.

3. (5)

   1. (A) Any person applying for an initial certification with the commission shall be subject to a criminal background check.
   2. (B) If the criminal background check shows that the applicant has been convicted of a felony, the certification will not be granted without a hearing before the commission and approval by the commission.

4. (6)

   1. (A) An applicant for original or renewal certification may request a waiver of any of the requirements for certification set forth in this section.
   2. (B) The commission may grant an applicant’s request for a waiver of any of the requirements set forth in this section, other than a requirement mandated by statute, following a hearing before the commission and approval of the waiver request by the commission.

(b) Certification fee.

1. (1) The original certification fee shall be one thousand dollars ($1,000).

2. (2) The annual renewal fee shall be ($250).

   1. (c) Violation. Any person, firm, or corporation acting as a retailer without being properly certified with the commission, any retailer accepting a modular home, directly or indirectly, from a manufacturer not certified with the commission, or any retailer failing to license a salesperson with the commission within thirty (30) days of hiring is in violation of Acts 2005, No. 1235.