41-4023. General powers and duties The director shall appoint the deputy director who shall, under the authority and direction of the director: 1. Establish licensing and regulation procedures in accordance with this article and issue certification documents for compliance with the licensing and bonding requirements of this article. 2. Issue certificates to indicate compliance with […]
41-4025. Qualifications and requirements for licensure A. A manufacturer, dealer, broker, salesperson or installer license shall be issued by the director. B. The director shall: 1. Qualify applicants for a license. 2. Conduct investigations as the director deems necessary. 3. Establish and administer written examinations for the applicable license classifications. C. The director may establish […]
41-4026. Issuance of a license A. On receipt by the director of the nonrefundable fee required by this article and an application furnishing complete information as required by the director and on the applicant taking and passing the applicable examination required by section 41-4025, the director shall issue a conditional license to the applicant, pending […]
41-4027. Renewal of licenses; license status A. Licenses issued under this article shall expire one year after the date of issuance. An application for renewal of any current license with evidence of a valid bond or cash deposit when accompanied by the required fee and received by the director before the expiration date shall authorize […]
41-4028. Exemptions A. Any person who is engaged in installing manufactured homes, mobile homes or accessory structures and who is licensed in an appropriate category by the registrar of contractors pursuant to title 32, chapter 10, article 2 is exempt only from the licensing requirements of this article. B. The requirements of this chapter applicable […]
41-4029. Bonds and cash deposits; requirements; fund A. Before granting an original license, the director shall require of the applicant, except an applicant for salesperson or broker of manufactured homes or mobile homes, a surety bond in a form acceptable to the director or a cash deposit pursuant to this section. A separate bond or […]
41-4030. Trust and escrow requirements for dealers that are not also owners of mobile home parks; rules; exemptions A. Each dealer licensed pursuant to this article shall establish an independent escrow account with an independent financial institution or escrow agent authorized to handle such an account in this state as prescribed by title 6, chapter […]
41-4030.01. Trust and escrow requirements for dealers that are also owners of mobile home parks; rules A. The owner of a mobile home park that also is or that owns a dealership licensed pursuant to this article to sell units may sell a manufactured home, mobile home or a factory-built building designed for use as […]
41-4031. Complaints; citation; failure to respond A. The department shall issue a citation on failure to respond or on the verified written complaint of a purchaser pursuant to section 41-4004, subsection A, paragraph 9 and shall issue a citation directing the licensee, within ten days after service of the citation on the licensee, to appear […]
41-4032. Cosmetic complaints; process; walk-through; definition A. Notwithstanding sections 41-4004 and 41-4031, a purchaser of a new manufactured home shall file a complaint concerning cosmetic, superficial or minor matters relating to the manufactured home no more than one hundred twenty days after the date of installation or the designated cosmetic complaint date prescribed in section […]
41-4033. Purchaser designation; cosmetic complaint date A. At the time of execution of the purchase contract a purchaser of a new manufactured home may designate the beginning date for the one hundred twenty day cosmetic complaint period. B. The purchaser may not take possession of the home or move into the home before the designated […]
41-4034. Drywall cracks; repair process; supplied paint A. Drywall cracks that are a result of structural problems are not cosmetic, superficial or minor matters as defined in section 41-4032. Drywall cracks may be addressed in conjunction with the correction of the structural problem. B. Drywall cracks that are not the result of structural problems are […]
41-4035. Walk-through and complaint process A. The purchaser and the dealer or manufacturer of the manufactured home shall schedule the walk-through pursuant to section 41-4032 by mutual agreement to the greatest extent possible. If the parties do not agree, the dealer or manufacturer may schedule the walk-through between fifteen and thirty days after the date […]
41-4036. Repairs; complaints A. Within ninety days after the end of the cosmetic complaint period the dealer or manufacturer shall repair or replace cosmetic, superficial or minor matters discovered on the walk-through unless an item necessary for the repair or replacement is unavailable and written notice of that fact is provided to the purchaser. B. […]
41-4037. Hearing; representation In a hearing conducted pursuant to this article, a corporation may be represented by a corporate officer or employee who is not a member of the state bar if: 1. The corporation has specifically authorized the officer or employee to represent it. 2. The representation is not the officer’s or employee’s primary […]
41-4038. Rehearing A. Any party may apply for a rehearing by filing with the director a motion pursuant to chapter 6, article 10 of this title. B. The filing of a motion for rehearing shall suspend the operation of the administrative law judge’s action, except for an action which upholds a cease and desist order, […]
41-4039. Grounds for disciplinary action The director may, on the director’s own motion, and shall, on the complaint in writing of any person, cause to be investigated by the department the acts of any manufacturer, dealer, broker, salesperson or installer licensed with the department and may temporarily suspend or permanently revoke any license issued under […]
41-4040. Reports by dealers to department of revenue and county assessor A. Every dealer who acquires or sells a previously titled manufactured home or mobile home, as defined in section 42-19151, shall submit a written report of all such acquisitions and sales to the department of revenue and to the county assessor of the county […]
41-4041. Consumer recovery fund A. The consumer recovery fund is established. The director shall administer the fund. B. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. C. The monies earned from […]
41-4042. Funding and assessments A. A dealer of manufactured homes, mobile homes or factory-built buildings designed for use as residential dwellings shall pay, in addition to the license or renewal fee, a fee established by the director of not to exceed $50 for each unit that is sold and that is subject to section 41-4030, […]
