Alabama Administrative Code Chapter 535-X-18 — Dispute Resolution Program

535 Alabama Manufactured Housing Commission

Ala. Admin. Code r. 535-X-18-.01 Purpose

To provide a dispute resolution process for manufactured housingin Alabama.

History

• Author: Jim Sloan
• Authority: Code of Ala. 1975, §24-6-4.
• New Rule: Filed December 6, 2002; effective January 10, 2003.

Ala. Admin. Code r. 535-X-18-.02 Definitions

As used in this regulation, the Commission hereby adopts andincorporates by reference thereto the definitions in the National Manufactured HousingImprovement Act (MHIA) of 2000; the Code of Ala. 1975, Sections 24-4A-2, 24-5-2, 24-5-31; and Chapters 535-X-10 through 535-X-17 of the Alabama Manufactured HousingCommission Rules and Regulations.

History

• Author: Jim Sloan
• Authority: Code of Ala. 1975, §24-6-4.
• New Rule: Filed December 6, 2002; effective January 10, 2003.

Ala. Admin. Code r. 535-X-18-.03 Administration

This dispute resolution program will be administered by theAlabama Manufactured Housing Commission (AMHC) Administrator with advice and assistancefrom the Commission Attorney. The Administrator will assign specific duties to employeesof the AMHC as necessary to ensure that disputes are handled and resolved in a timelyand efficient manner.

History

• Author: Jim Sloan
• Authority: Code of Ala. 1975, §24-6-4.
• New Rule: Filed December 6, 2002; effective January 10, 2003.

Ala. Admin. Code r. 535-X-18-.04 Process For MHIA Of 2000 Requirement

(1) Disputes between manufacturers, retailers, and installers of manufactured homesregarding their responsibility for defects in new manufactured homes that are reportedduring the 1-year period beginning on the date of installation will be resolved by theCommission through either of the following procedures:

(a) Based upon an investigation and determination of information received from anycredible source concerning defects in a new manufactured home, the Administrator willissue appropriate written orders for the correction of defects in manufactured homes toa manufacturer, an installer, or a retailer.

(b) Disputes that are not resolved in the above procedure shall be resolved through anon-site inspection or an administrative hearing. Administrative costs may be required tobe paid to AMHC by the party determined to be responsible.

History

• Author: Jim Sloan
• Authority: Code of Ala. 1975, §24-6-4.
• New Rule: Filed December 6, 2002; effective January 10, 2003.

Ala. Admin. Code r. 535-X-18-.05 Process For Resolving Other Disputes

(1) Disputes pertaining to other state or federal regulatory requirements will beresolved by the Commission as follows:

(a) Based upon an investigation and determination, the Administrator shall fixresponsibility and issue an order for appropriate corrections to be made.

(b) Disputes may be resolved, if necessary, through an on-site inspection or anadministrative hearing. Administrative costs may be required to be paid to the AMHC bythe party determined to be responsible.

History

• Author: Jim Sloan
• Authority: Code of Ala. 1975, §24-6-4.
• New Rule: Filed December 6, 2002; effective January 10, 2003.

Ala. Admin. Code r. 535-X-18-.06 Corrections

(1) Corrections shall be completed within the specified period of time, normally twenty (20) days after receipt, or written justification must be provided to the Commission nolater than the specified completion date. The Administrator may approve a writtenrequest for an extension of time.

(2) When corrections or repairs of defects are completed, the responsible member of theindustry shall forward to the Commission a signed letter or memorandum along withdocumentation certifying corrections have been made.

(3) Once the Commission receives documentation indicating corrections have beencompleted, the homeowner will be contacted for verification. If there is still aconflict, the Commission will schedule an on-site inspection to resolve the dispute;then the file may be closed. The responsible party may be required to pay theCommission’s expenses for the inspection.

History

• Author: Jim Sloan
• Authority: Code of Ala. 1975, §24-6-4.
• New Rule: Filed December 6, 2002; effective January 10, 2003.

Ala. Admin. Code r. 535-X-18-.07 Penalties And Appeals

(1) Failure to comply with the provisions of this chapter may result in the suspensionor revocation of certifications or licenses. It may also result in other penalties setforth in current federal or state laws, rules or regulations pertaining to manufacturedhousing.

(2) An administrative hearing or an on-site inspection may be requested in writing by aninstaller, retailer, manufacturer, homeowner, park owner, or other affected party withinten (10) days of any adverse notice from the Commission. An administrative or inspectionfee may be required.

History

• Author: Jim Sloan
• Authority: Code of Ala. 1975, §24-6-4.
• New Rule: Filed December 6, 2002; effective January 10, 2003.