Rule 120-3-7-.12. Dispute Resolution

Any dispute between a manufacturer, retailer, retail broker, and/or installer of manufactured homes regarding their responsibility for defects in a new manufactured home that is reported during the 1-year period beginning on the date of installation may, by mutual agreement of all of the parties to the dispute, be submitted to the Commissioner for resolution. In that case, the dispute shall be resolved by the Commissioner through the following procedures:

1. (a) Based upon an investigation and determination of information received from any credible source concerning defects in a new manufactured home, the Commissioner will issue appropriate written orders to a manufacturer, an installer, a retailer, or a retail broker, for the correction of defects in manufactured homes. As part of his investigation, the Commissioner may order an on-site inspection.
2. (b) If the above procedure is utilized and the dispute is not resolved, or if any of the parties to the procedure are dissatisfied with the resolution, an administrative hearing shall be convened pursuant to §120-3-7-.10 and the statutory and regulatory provisions cited therein. Administrative costs may be assessed against the party determined to be responsible.

Authority: O.C.G.A. Secs. 8-2-130, 8-2-132, 8-2-133, 8-2-137, 8-2-160, 8-2-166, 25-2-1, 25-2-4, 33-2-9, 50-13-21.

History. Original Rule entitled "Mobile Homes Service Permit"adopted. F. Aug. 8, 1974; eff. Sept. 1, 1974, as specified by the Agency.

Repealed: New Rule entitled "Compliance With Rules and Regulations; Penalties"adopted. F. May 23, 1984; eff. July 1, 1984, as specified by the Agency.

Repealed: New Rule of same title adopted. F. Oct. 7, 1992; eff. Jan. 1, 1993, as specified by the Agency.

Amended: F. July 22, 1996; eff. August 11, 1996.

Repealed: New Rule of same title adopted. F. Aug. 6, 1998; eff. Aug. 26, 1998.

Repealed: New Rule entitled "Dispute Resolution"adopted. F. Nov. 30, 2004; eff. Dec. 20, 2004.