20 CAR § 911-207 – Action against certification or license — Suspension, revocation of license, and other penalties

(a) The Arkansas Manufactured Home Commission shall have the power to suspend, revoke, or refuse to renew the certification of a manufacturer or retailer or the license of an installer or salesperson who is found to have been guilty of:
1. (1) Fraud, misrepresentation, or deception in obtaining a license;
2. (2) Failure to comply with any valid directive of the Director of the Arkansas Manufactured Home Commission or rules of the commission; and
3. (3) Violating any provision of Acts 1977, No. 419, as amended, or the rules promulgated thereunder.
(b)
1. (1) In lieu of suspension, revocation, or refusal to renew a license or certification, the commission shall have the authority to impose a monetary penalty in accordance with 20 CAR § 911-201(e)(3) and may suspend, refuse to renew, or revoke the license or certification until the penalty is paid to the commission.
2. (2) Such a penalty shall be imposed only if the commission formally finds that the public welfare would not be impaired by the imposition of a monetary penalty rather than suspension, refusal to renew, or revocation and that payment of same should achieve the desired disciplinary purpose.
3. (3) Except as provided in subdivisions (b)(1) and (2) of this section, the commission shall not impose a civil penalty upon any person, firm, or corporation whose certification or license is suspended, revoked, or not renewed under this section.
4. (4) A monetary penalty imposed under this section is not abated by a subsequent surrender, suspension, failure or refusal to renew a license, or revocation of the license or certification.
(c) Any individual who knowingly and willfully violates the provisions of Acts 1977, No. 419, in a manner that threatens the health or safety of any purchaser shall be deemed guilty of a misdemeanor and upon conviction therefore fined in accordance with 20 CAR § 911-201(e)(3) or imprisoned for not more than one (1) year, or both, for each violation.
(d) Suspension appeal.
1. (1)
  1. (A) Any suspension may be appealed to the commission by a written request within ten (10) days.
  2. (B) Suspension shall remain in effect until a speedy hearing by the commission or Compliance Sub‑Committee of the commission.
  3. (C) The Chair of the Arkansas Manufactured Home Commission may waive the suspension after review of the facts pending the hearing.
  4. (D) After the revocation hearing, the commission may revoke the certification or license.
2. (2) A manufacturer, retailer, installer, or salesperson may be represented by legal counsel and present any evidence and/or witnesses in his or her behalf against any charges.
3. (3) The commission shall not revoke any manufacturer or retailer’s certification, or installer or salesperson's license without a hearing.