Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
385 - MANUFACTURED HOUSING BOARD
Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES
Subchapter 5 - Approval of Inspection Agencies
Section 385-110-5-28 - Suspension and Revocation

Universal Citation: 02 ME Code Rules ยง 385-110-5-28

Current through 2024-38, September 18, 2024

1. Grounds

The board may suspend or revoke its approval of an authorized inspection agency for any of the following reasons:

A. The approval was issued on the basis of incorrect information;

B. The approval was issued in violation of the Act or this chapter; or

C. The authorized inspection agency has failed to properly perform its functions.

2. Procedure

The board shall provide the authorized inspection agency notice and opportunity for hearing prior to suspending or revoking approval. The hearing must be conducted in accordance with the provisions of the Maine Administrative Procedure Act applicable to adjudicatory hearings. The executive director has the burden of proving the incorrect information, violation, or failure to properly perform functions at hearing.

3. Procedures Following Suspension or Revocation

A. If the board suspends or revokes the approval of an inspection agency, the manufacturers being evaluated or inspected by such agencies must be given notice in writing after the disposition of any appeal of the suspension or revocation with the reasons set forth therein.

B. An inspection agency for which approval has been suspended or revoked shall, within 30 calendar days of the suspension or revocation, deliver to the custody of the board all labels or label devices and other required documents in the evaluation of inspection agency's possession, under its control, or for which it is responsible, pursuant to the Act and these rules.

C. The board, upon request of a manufacturer affected by the suspension or revocation of approval of an inspection agency, shall establish a temporary arrangement by which the manufacturer can continue to manufacture, sell, lease, deliver, and install manufactured housing in conformance with the Act and these rules until suspension or revocation is lifted or arrangements can be made to utilize another approved inspection agency.

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