(a) Types of certification and license. Any person, firm, or corporation that 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. Each manufacturer, in or out of state, delivering or shipping manufactured homes into the state for sale;
2. (2) Retailer. Any person, firm, or corporation in the business of accepting on consignment, buying for resale, selling, or exchanging manufactured 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 not certified as a retailer;
3. (3) Installer. Any person, firm, or corporation not otherwise certified, installing and anchoring manufactured homes; or
4. (4) Salesperson. Any person engaged in the selling of manufactured homes, either as a manufacturer’s representative or retailer salesperson, must apply for a license within thirty (30) days of beginning to sell manufactured 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 criteria set forth 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 forty-five (45) days.
   2. (B)

(i) After forty-five (45) days, the certification or license shall be suspended.

1. (ii) Suspension of certification or license may be appealed in accordance with 20 CAR § 911-207(d).

   1. (iii) Continuing to operate after the suspension of certification or license is in violation of this act.

      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.
      2. (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 without having first secured the required certification or license from the commission.
2. (2) The commission shall have the authority to 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.

3. (3)

   1. (A) The commission shall have the authority to impose a monetary penalty for manufactured housing violations, which shall not exceed three thousand four hundred forty-six dollars ($3,446) per violation and four million three hundred seven thousand one hundred sixty dollars ($4,307,160) per year as of the effective date of this part based upon the inflation-adjusted penalty amount prescribed by Acts 2023, No. 391.
   2. (B) The future per-violation and per-year maximums shall be the inflation-adjusted amount prescribed by Acts 2023, No. 391, as adopted at a regular meeting of the commission based upon the recommendation of the director and posted on the commission’s website.
4. (4) The commission shall have the authority to 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.