(a) Consumer complaints. This section establishes procedures for the investigation and timely resolution of alleged construction or installation defects in manufactured homes that have been reported to the manufacturer, retailer, installer, United States Department of Housing and Urban Development, or the Arkansas Manufactured Home Commission in writing by email, written letter, sent by certified mail, or fax within one (1) year after the date of the first installation of the manufactured home, including:

1. (1) Violations of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 – 5425, or regulations promulgated by the United States Department of Housing and Urban Development; and
2. (2) Violations of the rules governing the installation of manufactured homes promulgated by the commission.

(d) Corrective action and dispute resolution.

1. (1) When the complaint is forwarded, the manufacturer, retailer, and installer will be requested, in writing, to investigate the complaint within twenty (20) days after receipt of the information and to carry out any necessary investigations and inspections to determine the origin of the complaint.
2. (2) When, upon investigation or inspection, the manufacturer, retailer, or installer finds a violation of the code or the rules promulgated thereunder, then the party responsible for the violation shall take the appropriate corrective action and notify the agency of any actions taken to bring the home into compliance with the code or the rules.

3. (3)

   1. (A) When there is a dispute among the manufacturer, retailer, and installer as to which party is responsible for the violation, then the agency shall schedule an inspection of the home in order to determine the nature of the violation and assign responsibility for corrective action.
   2. (B) The agency shall provide notice of such an inspection, including information about the home in question and the date and approximate time of the inspection, in writing, to the manufacturer, retailer, and installer.

(e) Inspection by commission — Notice required.

1. (1)

   1. (A) When the manufacturer, retailer, or installer reports that corrective action has been taken to bring the home into compliance with the code or the rules, the commission will consider the complaint closed and so inform the manufacturer, retailer, or installer and the complainants.
   2. (B) However, when items included on the original complaint remain unresolved, the commission may schedule an inspection of the home in order to determine the nature of the violation, if any, and assign responsibility for corrective action.
2. (2) The commission shall provide notice of such an inspection, including information about the home in question and the date and approximate time of the inspection, in writing, to the manufacturer, retailer, and installer.

(f) Determinations by commission — Time frame for corrective action.

1. (1) A copy of the agency’s inspection report, including determinations of unresolved items and responsibility for corrective action will be sent to the manufacturer, retailer, installer, and the complainants.
2. (2) In the report, the Director of the Arkansas Manufactured Home Commission may order the manufacturer, retailer, or installer to correct the violation within a reasonable time, not to exceed ninety (90) days.
3. (3) Should the director determine that the violation poses a serious threat to the health and safety of the purchaser of the home, the director may order the manufacturer, retailer, or installer to correct the violation within five (5) working days.

4. (4)

   1. (A) A manufacturer, retailer, or installer may request additional time to correct the violation.
   2. (B) The request must be made in writing and may be granted by the director only when the extension will not pose a serious threat to the health and safety of the purchaser of the home.

(g) Appeal of agency’s determination.

1. (1) Should a manufacturer, retailer, or installer dispute any determination made by the director or agency staff, the manufacturer, retailer, or installer may appeal that determination to the commission.

2. (2)

   1. (A) Such an appeal must be received by the agency in writing, postmarked not more than ten (10) days following receipt of a determination issued by the director.
   2. (B) The determination will be held in effect until a timely hearing by the commission or a subcommittee of the commission.
   3. (C) The Chair of the Arkansas Manufactured Home Commission may stay the determination after review of the facts pending the hearing.

(h) Closing of complaints.

1. (1) When the manufacturer, retailer, or installer reports that corrective action ordered by the director has been taken to bring the home into compliance with the code or the rules, the commission will consider the complaint closed and so inform the manufacturer, retailer, or installer and the complainants.
2. (2) When the manufacturer, retailer, or installer reports that the purchaser refuses to allow corrective action as ordered by the director to bring the home into compliance with the code or the rules, the commission will consider the complaint closed and so inform the manufacturer, retailer, or installer and the complainants.

(i) Administrative action by commission — Notice of hearing required — Penalties.

1. (1)

   1. (A) When items included in the agency’s inspection report remain unresolved, the commission may schedule a hearing to consider administrative action against the manufacturer, retailer, or installer.
   2. (B) The commission shall provide notice of such a hearing, including information about the home in question and the date and approximate time of the hearing, in writing, to the manufacturer, retailer, and installer.
2. (2) The commission shall have the power to suspend, revoke, or refuse to renew the license or certification under this subpart of any person who is found to have been guilty of violating any provision of the code or the rules promulgated thereunder.

3. (3)

   1. (A) 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. (B) 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.
4. (4) Each violation of the code or any rule or order issued pursuant to it shall constitute a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby.

(j) Appeal of commission decision or penalty.

1. (1) Should a manufacturer, retailer, or installer dispute any decision made or penalty imposed by the commission, the licensee may appeal that decision to the circuit court in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
2. (2) Such an appeal shall stay that portion of the commission order that directs corrective action or the payment of any penalty.
3. (3) The licensee shall not be required to act on the decision until such time as a final order of the circuit court, Court of Appeals, or Supreme Court is issued.