(a) Initial assessments. The Arkansas Manufactured Home Commission shall collect the following assessment fees at the time of submission of initial certification or licensure applications:

1. (1) Installer, two thousand five hundred dollars ($2,500) per location;
2. (2) Retailer, five thousand dollars ($5,000) per location; and
3. (3) Manufacturer, ten thousand dollars ($10,000) per location.

(b) Special assessments.

1. (1)

   1. (A) If the balance of the Manufactured Housing Recovery Fund falls below two hundred fifty thousand dollars ($250,000), then the commission may collect an annual assessment from each manufacturer of manufactured homes in this state, manufacturer of manufactured homes in other states selling manufactured homes in this state, and installers and retailers.
   2. (B) The annual assessment shall continue until such time as the fund is restored to a minimum level of two hundred fifty thousand dollars ($250,000).

2. (2) Such annual assessments collected shall not exceed the following amounts:

   1. (A) Installer, five hundred dollars ($500) per location;
   2. (B) Retailer, one thousand dollars ($1,000) per location; and
   3. (C) Manufacturer, three thousand dollars ($3,000) per location.

(c) Refund.

1. (1) Any participant shall receive a refund of its initial assessment after a two-year waiting period after it ceases operation of its business in this state provided there are no claims pending against such participant, provided:

   1. (A) The participant shall notify the commission by certified mail within forty-five (45) days after the two-year waiting period and request the refund or the assessment fee shall be forfeited; and
   2. (B) The two-year waiting period shall begin on the participant's next certification or licensing anniversary date after the participant ceases operation of its business in this state.
2. (2) If the participant fails to satisfy the provisions found in subdivisions (c)(1)(A) and (B) of this section, the assessment fee shall remain in the Manufactured Housing Recovery Fund.
3. (3) No interest will accrue to the benefit of such participant.