1. (a) Manufacturer's determination. When a consumer complaint is referred to the manufacturer and the manufacturer determines that an imminent safety hazard, serious defect, defect, or noncompliance may exist and the manufacturer does not correct the imminent safety hazard or failure to conform within thirty (30) days of the date on which the manufacturer determined the existence of an imminent safety hazard or failure to conform, the manufacturer shall prepare and submit a plan as provided for in 24 C.F.R. § 3282.409, to the Arkansas Manufactured Home Commission.

2. (b) Notification. The plan, including a copy of the notice as required by 24 C.F.R. § 3282.410, shall be submitted to the commission by the manufacturer and shall provide for notification by mail to:

   1. (1) The first purchaser of each manufactured home containing an imminent safety hazard, serious defect, defect, or noncompliance and any subsequent purchaser to whom any warranty provided by the manufacturer or required by federal, state, or local law has been transferred, to the extent feasible; and
   2. (2) Any other person who is a registered owner of each manufactured home containing an imminent safety hazard, serious defect, defect, or noncompliance and whose name has been ascertained pursuant to 24 C.F.R. § 3282.211.

3. (c) Review.

   1. (1)

      1. (A) The commission will review the plan submitted by the manufacturer, including the contents of the notice, and either approve the plan as submitted or make modifications to the plan for compliance with the requirements of 24 C.F.R. § 3282.409 and notify the manufacturer of the approval or modification.
      2. (B) The manufacturer may contest the modification within five (5) days of the approval of the plan of modification.
   2. (2) If the commission does not accept the manufacturer's position as to the modification, it shall act as follows: If the manufacturer contends that the manufactured home contains a defect rather than an imminent safety hazard or serious defect as the commission contends, the commission shall refer the matter to the Secretary of the United States Department of Housing and Urban Development for determination under 24 C.F.R. § 3282.407(a).

   3. (3) The formal notification requirements that would result from any determination by the manufacturer under 24 C.F.R. § 3282.404 may be waived by the commission that would otherwise review the plan upon receipt of satisfactory assurances from the manufacturer that:

      1. (A) The manufacturer has identified the class of possibly affected manufactured homes in accordance with 24 C.F.R. § 3282.409;
      2. (B) The manufacturer will correct, at the manufacturer's expense, all affected manufactured homes; and
      3. (C) The repairs, in the commission’s judgment, are adequate to remove the imminent safety hazard or failure to conform.

Codification Notes: "IPIAs" means Production Inspection Primary Inspection Agencies.