Alabama Administrative Code Chapter 535-X-14 — Licensing and Training of Salespersons

535 Alabama Manufactured Housing Commission

Ala. Admin. Code r. 535-X-14-.01 Purpose

The purpose of this rule is to ensure that salespersons of manufactured homes and/or manufactured buildings (modulars) are trained, licensed, and comply with the Manufactured Housing Commission’s law, rules, and regulations.

History

• Author: Jim Sloan
• Authority: Code of Ala. 1975, §24-6-4.
• New Rule: Filed July 27, 2000; effective August 31, 2000; operative March 1, 2001. Amended: Filed December 6, 2002; effective January 10, 2003.

Ala. Admin. Code r. 535-X-14-.02 Definitions

(1) Salesperson – A person who sells or attempts to sell manufactured homes or manufactured buildings to the public.

(2) Retailer – Dealer

History

• Author: Jim Sloan
• Authority: Code of Ala. 1975, §24-6-4.
• New Rule: Filed July 27, 2000; effective August 31, 2000; operative March 1, 2001. Amended: Filed December 6, 2005; effective January 10, 2006.

Ala. Admin. Code r. 535-X-14-.03 Licensing

(1) Salespersons shall be trained and licensed by the Commission prior to selling manufactured homes or manufactured buildings in Alabama.

(2) Applications will be obtained from and submitted to the Commission.

(3) Any salesperson within or without this state shall apply for a license annually to sell manufactured (mobile) homes and/or manufactured buildings (modulars) to be shipped into or sited in Alabama. This license will suffice for manufactured homes and/or manufactured buildings. The license shall be valid from March 1 until February 28/29 of the following year it is issued or until it is suspended or revoked by the Commission. License fees shall be established or revised in accordance with sections 24-6-4, 24-5-6, and 24-5-10 of the Code of Ala. 1975, and Chapter 535-X-16 of the Commission Rules and Regulations.

(4) New salespersons to the industry will be allowed to work under a provisional license until the next school is available.

(5) Salespersons will be licensed to sell manufactured homes for a designated retail center. A transfer fee shall be required of a licensed salesperson that transfers from one retail center to another.

(6) The spouse of active duty military personnel may apply for a license or provisional license pursuant to Military Family Jobs Opportunity Act codified in Section 31-1-16, Code of Ala. 1975.

History

• Author: Elwyn Thomas
• Authority: Code of Ala. 1975, §24-6-4.
• New Rule: Filed July 27, 2000; effective August 31, 2000; operative March 1, 2001. Amended: Filed December 6, 2002; effective January 10, 2003. Amended: Filed April 5, 2013; effective May 10, 2013; operative June 3, 2013. Amended: Filed October 9, 2018; effective November 23, 2018. Amended: Filed May 6, 2019; effective June 20, 2019.

Ala. Admin. Code r. 535-X-14-.04 Training

(1) Each applicant for a license shall satisfactorily complete a course of instruction approved by the Commission. The course will be offered at least quarterly. A registration fee approved by the Commission may be required.

(2) Each certified salesperson shall be required to complete a refresher course approved by the Commission every two years after completion of the initial course.

(3) Upon written request salespersons who only sell commercial manufactured buildings (modular) may be granted an exception to be required to complete a course limited to the sale of manufactured buildings (the modular training course).

History

• Author: Elwyn Thomas
• Authority: Code of Ala. 1975, §24-6-4.
• New Rule: Filed July 27, 2000; effective August 31, 2000; operative March 1, 2001. Amended: Filed December 6, 2002; effective January 10, 2003. Amended: Filed October 9, 2018; effective November 23, 2018.

Ala. Admin. Code r. 535-X-14-.05 Penalties And Appeals

(1) Failure to satisfactorily complete any of the courses described herein and comply with the contents of the instruction while licensed in Alabama may result in the suspension or revocation of a salesperson’s license or a fine in an amount not to exceed $500 for each violation.

(2) An appeal for a hearing may be filed in accordance with the procedures in Chapter 535-X-12-.08(2).

History

• Author: Jim Sloan
• Authority: Code of Ala. 1975, §24-6-4.
• New Rule: Filed July 27, 2000; effective August 31, 2000; operative March 1, 2001. Amended: Filed December 6, 2002; effective January 10, 2003.