Manufacturers and industrialized builders shall not engage in any business activity relating to the construction or location of industrialized housing or buildings without being registered with the department.

1. (1) An application for registration shall be submitted on a form supplied by the department, and shall contain such information as may be required by the department. The application must be verified under oath by the owner of a sole proprietorship, the managing partner of a partnership, or the chief executive or chief operating officer of a corporation. The application must be accompanied by the fee set forth in §70.70 of this title (relating to Commission Fees).
2. (2) A person who does not purchase industrialized housing or buildings from a manufacturer for sale or lease to the public may file for an installation permit in lieu of registering as an industrialized builder. A person who is not registered as an industrialized builder and who buys or leases industrialized housing or buildings from an industrialized builder and assumes responsibility for the installation of the unit or units shall apply for an installation permit. The application shall be submitted on a form supplied by the department and shall contain such information as may be required by the Department. A separate application must be submitted for each building containing industrialized housing and buildings modules or modular components. The application must be accompanied by the fee set forth in §70.80 of this title (relating to Commission Fees).
3. (3) The registration shall be valid for 12 months and must be renewed annually. Every corporate entity must be separately registered. Each separate manufacturing facility must be registered; a manufacturing facility is separate if it is not on property which is contiguous to a registered manufacturing facility. An industrialized builder must register each separate sales office but is not required to register each job location.

4. (4) A registered manufacturer or industrialized builder shall notify the department in writing within 10 days if:

   1. (A) the corporate or firm name is changed;
   2. (B) the main address of the registrant is changed;
   3. (C) there is a change in 25% or more of the ownership interest of the company within a 12-month period;
   4. (D) the location of any manufacturing facility is changed;
   5. (E) a new manufacturing facility is established; or
   6. (F) there are changes in principal officers of the firm.
5. (5) A manufacturer certified pursuant to §70.61 of this title (relating to Responsibilities of the Department--Plant Certification), whose registration expires shall have his certification revoked if the registration is not renewed within 30 day of the expiration date. A manufacturer whose certification has been revoked must undergo another certification inspection to reinstate the certification.
6. (6) An application for original registration or renewal may be rejected if any information contained on, or submitted with, the application is incorrect. The certificate of registration may be revoked or suspended or a penalty or fine may be imposed for any violation of the Act, violation of the rules and regulations in this chapter or administrative orders of the department, or violations of the instructions and determinations of the council in accordance with §70.90 of this title (relating to Sanctions--Administrative Sanctions/Penalties), and §70.91 of this title (relating to Revocation or Suspension Because of a Criminal Conviction).

Source Note:The provisions of this §70.20 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective April 9, 1991, 16 TexReg 1817; amended to be effective November 16, 1993, 18 TexReg 7925; amended to be effective March 16, 1998, 23 TexReg 1305.