1. (a) All complaints concerning units constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., shall be handled in compliance with Subpart I of the regulation established pursuant to the act and state rules.

2. (b)

   1. (1) Upon receipt of a consumer complaint or other information indicating the possible existence of a noncompliance, defect, serious defect, or imminent safety hazard, the Arkansas Manufactured Home Commission will review the complaint or information and forward the complaint or other information to the manufacturer of the manufactured home in question.
   2. (2) When it appears from the complaint or other information that more than one (1) manufactured home may be involved, the complaint will simultaneously be forwarded to the United States Department of Housing and Urban Development and to the SAA of the state where the manufactured home was manufactured.
3. (c) When the complaint is forwarded to the manufacturer, the manufacturer will be requested, in writing, to investigate the complaint within twenty (20) days after receipt of the information and carry out any necessary investigations and inspections to determine whether the manufacturer is responsible.

4. (d)

   1. (1)

      1. (A) Where the manufacturer has determined and reports that no imminent safety hazard, serious defect, defect, or noncompliance exists and the commission is able to concur from all available information, the commission will consider the complaint closed and so inform the manufacturer and complainants.
      2. (B) However, if the commission is unable to concur with the manufacturer's report, an SAA investigation will be made and a copy of the investigation will be sent to the manufacturer and complainants.
   2. (2) If it is found that the manufacturer's report was correct, the commission will consider the matter closed.

5. (e)

   1. (1) Where, upon investigation, the commission determines that an imminent safety hazard, serious defect, defect, or noncompliance may exist, it will notify the manufacturer and request the manufacturer to take necessary action.
   2. (2) Where the manufacturer does not take action after notification by the commission and it appears that an imminent safety hazard or serious defect may exist, the commission will inform the manufacturer of its opinion and simultaneously forward to the United States Department of Housing and Urban Development documentation of the factual basis upon which an opinion was made, for administrative determination by the United States Department of Housing and Urban Development, pursuant to 24 C.F.R. § 3282.407(a).
   3. (3) Where the manufacturer does not take action after notification by the commission and it appears that a defect or noncompliance may exist, the commission will so notify the manufacturer.

   4. (4) The notice shall be sent to the manufacturer by certified mail and will include:

      1. (A) The preliminary determination by the commission;
      2. (B) The factual basis for the determination;
      3. (C) The identifying criteria of the manufactured homes known to be affected;
      4. (D) Notice to the manufacturer that a hearing or presentation of views may be requested pursuant to 24 C.F.R. pt. 3282, subpt. D, to establish that there is no such defect or noncompliance;
      5. (E) Notice to the manufacturer that the preliminary determination shall become final unless the manufacturer responds within fifteen (15) days after receipt of such notice and requests a hearing or presentation of views; and
      6. (F) Notice to the manufacturer that any information upon which the determination has been based, such as test results, records of inspection, etc., shall be available for inspection by the manufacturer.
6. (f) Where the manufacturer requests a hearing or presentation of views, one (1) shall be held pursuant to 24 C.F.R. § 3282.152.

7. (g)

   1. (1) Where the manufacturer fails to respond to the notice of preliminary determination or if the commission decides that the views and evidence presented by the manufacturer or others are insufficient to rebut the preliminary determination, the commission may make a final determination that a defect or noncompliance exists and will notify the manufacturer to make a notification and submit a plan in accordance with 24 C.F.R. § 3282.409.
   2. (2) Within ten (10) days after receipt of the notice of final determination, the manufacturer may appeal to the Secretary of the United States Department of Housing and Urban Development.

8. (h)

   1. (1) The manufacturer's plan for notification and correction, including contents of notice, time for implementation, and completion of actions and reports, shall be made in accordance with the provisions of 24 C.F.R. §§ 3282.409 – 413.
   2. (2) When the manufactured home is in the hands of a distributor or retailer, it shall be handled in accordance with 24 C.F.R. § 3282.414.

Codification Notes: "SAA" means state administrative agency.