Current through Register Vol. 47, No. 12, December 22, 2023
The handling of consumer complaints under the State
Administrative Agency Program (SAA) is separate and distinct from the handling
of complaints under the State Licensing Program. All complaints concerning
units constructed in compliance with the National Manufactured Housing
Construction and Safety Standards Act of 1974 (Act) shall be handled in
compliance with Subpart I of the regulations established pursuant to that
Act.
(1) Upon receipt of a consumer
complaint or other information indicating the possible existence of a
noncompliance, defect, serious defect, or imminent safety hazard, the
Department will review the complaint or information and forward the complaint
or other information to the manufacturer of the manufactured home in question.
When it appears from the complaint or other information that more than one
manufactured home may be involved, the complaint will simultaneously be
forwarded to the United States Department of Housing and Urban Development
(HUD) and to the SAA of the state where the manufactured home was
manufactured.
(2) When the
complaint is forwarded to the manufacturer, the manufacturer will be requested,
in writing, to investigate the complaint within twenty (20) days after receipt
of the information and carry out any necessary investigations and inspections
to determine whether the manufacturer is responsible.
(3) When the manufacturer is physically
located within this state the following additional procedures apply:
(a) Where the manufacturer has determined and
reports that no imminent safety hazard, serious defect, defect or noncompliance
exists and the Board is able to concur from all available information, the
Board will consider the complaint closed for SAA purposes and so inform the
manufacturer and complainants: however if the Board is unable to concur with
the manufacturer's report, an SAA investigation will be made and a copy of the
investigation will be sent to the manufacturer and complainants. If it is found
that the manufacturer's report was correct, the Board will consider the matter
closed.
(b) Where, upon
investigation, the Board determines that an imminent safety hazard, serious
defect, defect or noncompliance may exist, it will notify the manufacturer and
request the manufacturer to take necessary action. Where the manufacturer does
not take action after notification by the Board and it appears that an imminent
safety hazard or serious defect may exist, the Board will inform the
manufacturer of its opinion and simultaneously forward to HUD documentation of
the factual basis upon which an opinion was made, for administrative
determination by HUD, pursuant to 24 C.F.R., Section 3282.407(a). Where the
manufacturer does not take action after notification by the Board and it
appears that a defect or noncompliance may exist, the Board will so notify the
manufacturer. The notice shall be sent to the manufacturer by certified mail
and will include:
(1) The preliminary
determination by the Board;
(2) The
factorial basis for the determination;
(3) The identifying criteria of the
manufactured homes to be affected;
(4) Notice to the manufacturer that a hearing
or presentation of views may be requested pursuant to 24 C.F.R. Part 3282,
Subpart D, to establish that there is no such defect or
noncompliance;
(5) Notice to the
manufacturer that the preliminary determination shall become final unless the
manufacturer responds within fifteen (15) days after receipt of such notice and
requests a hearing or presentation of views; and
(6) Notice to the manufacturer that any
information upon which the determination has been based, such as test results,
records of inspection, etc., shall be available for inspection by the
manufacturer.
(c) Where
the manufacturer requests a hearing or presentation of views, one shall be held
pursuant to 24 C.F.R. Section 3282.152.
(d) Where the manufacturer fails to respond
to the notice of preliminary determination or if the Board decides that the
views and evidence presented by the manufacturer or others are insufficient to
rebut the preliminary determination, the Board may make a final determination
that a defect or noncompliance exists and will notify the manufacturer to make
a notification and submit a plan in accordance with 24 C.F.R. Section 3282.409.
Within ten (10) days after receipt of the notice of final determination, the
manufacturer may appeal to the Secretary of the United States Department of
Housing and Urban Development.
(e)
The manufacturer's plan for notification and correction, including contents of
notice, time for implementation and completion of actions and reports, shall be
made in accordance with the provisions of 24 C.F.R. Section 3282.409 through
3282.413. When the manufactured home is in the hands of a distributor or retail
dealer, it shall be handled in accordance with 24 C.F.R. Section
3282.414.
Added by State Register
Volume 29, Issue No. 2, eff February 25,
2005.
