Any dispute between a manufacturer, retailer, retail broker,
and/or installer of manufactured homes regarding their responsibility for
defects in a new manufactured home that is reported during the 1-year period
beginning on the date of installation may, by mutual agreement of all of the
parties to the dispute, be submitted to the Commissioner for resolution. In
that case, the dispute shall be resolved by the Commissioner through the
following procedures:
(a) Based upon
an investigation and determination of information received from any credible
source concerning defects in a new manufactured home, the Commissioner will
issue appropriate written orders to a manufacturer, an installer, a retailer,
or a retail broker, for the correction of defects in manufactured homes. As
part of his investigation, the Commissioner may order an on-site
inspection.
(b) If the above
procedure is utilized and the dispute is not resolved, or if any of the parties
to the procedure are dissatisfied with the resolution, an administrative
hearing shall be convened pursuant to ยง
120-3-7-.10 and the statutory and
regulatory provisions cited therein. Administrative costs may be assessed
against the party determined to be responsible.
Notes
Ga. Comp. R.
& Regs. R. 120-3-7-.12
O.C.G.A. Secs.
8-2-130,
8-2-132,
8-2-133,
8-2-137,
8-2-160,
8-2-166,
25-2-1,
25-2-4,
33-2-9,
50-13-21.
Original Rule entitled
"Mobile Homes Service Permit"adopted. F. Aug. 8,
1974; eff. Sept. 1,
1974, as specified by the Agency.
Repealed: New Rule entitled "Compliance With Rules and
Regulations; Penalties"adopted. F. May 23,
1984; eff. July 1,
1984, as specified by the Agency.
Repealed: New Rule of same title adopted. F.
Oct. 7, 1992; eff.
Jan. 1, 1993, as specified by the
Agency.
Amended: F. July 22,
1996; eff. August 11,
1996.
Repealed: New Rule of same title adopted. F.
Aug. 6, 1998; eff.
Aug. 26, 1998.
Repealed: New Rule entitled "Dispute
Resolution"adopted. F. Nov. 30, 2004;
eff. Dec. 20,
2004.
