§ 143‑143.13. Groundsfor denying, suspending, or revoking licenses; civil penalties.
(a) A license may bedenied, suspended or revoked by the Board on any one or more of the followinggrounds:
(1) Making a materialmisstatement in application for license.
(2) Failing to post anadequate corporate surety bond, cash bond or fixed value equivalent.
(3) Engaging in thebusiness of manufactured home manufacturer, dealer, salesperson, or set‑upcontractor without first obtaining a license from the Board.
(4) Failing to complywith the warranty service obligations and claims procedure established by thisPart.
(5) Failing to complywith the set‑up requirements established by this Part.
(6) Failing or refusingto account for or to pay over moneys or other valuables belonging to othersthat have come into licensee's possession arising out of the sale ofmanufactured homes.
(6a) Failing to complywith the escrow or trust account provisions of Part 2 of this Article.
(7) Using unfair methodsof competition or committing unfair or deceptive acts or practices.
(8) Failing to complywith any provision of this Part.
(9) Failing to appearfor a hearing before the Board or for a prehearing conference with a person orpersons designated by the Board after proper notice or failing to comply withorders of the Board issued pursuant to this Part.
(10) Employing unlicensedsalespersons.
(11) Offering for salemanufactured homes manufactured or assembled by unlicensed manufacturers orselling manufactured homes to unlicensed dealers for sale to buyers in thisState.
(12) Conviction of anycrime listed in G.S. 143‑143.10A.
(13) Having had a licenserevoked, suspended or denied by the Board; or having had a license revoked,suspended or denied by a similar entity in another state; or engaging inconduct in another state which conduct, if committed in this State, would havebeen a violation under this Part.
(14) Employing orcontracting with any person to perform setups who is not licensed by the Boardas a set‑up contractor.
(b) Repealed by SessionLaws 1985, c. 666, s. 38.
(c) In addition to theauthority to deny, suspend, or revoke a license under this Part the Board mayimpose a civil penalty upon any person violating the provisions of this Part.Upon a finding by the Board of a violation of this Part, the Board shall orderthe payment of a penalty of not less than one hundred dollars ($100.00) normore than five hundred dollars ($500.00). In determining the amount of thepenalty, the Board shall consider the degree and extent of harm caused by theviolation, the amount of money that inured to the benefit of the violator as aresult of the violation, whether the violation was committed willfully, and theprior record of the violator in complying or failing to comply with laws,rules, or orders applicable to the violator. Each day during which a violationoccurs shall constitute a separate offense. The penalty shall be payable to theBoard. The Board shall remit the clear proceeds of penalties provided for inthis subsection to the Civil Penalty and Forfeiture Fund in accordance withG.S. 115C‑457.2.
Payment of the civil penaltyunder this section shall be in addition to payment of any other penalty for aviolation of the criminal laws of this State. Nothing in this subsection shallprevent the Board from negotiating a mutually acceptable agreement with anyperson as to the status of the person's license or certificate or as to anycivil penalty. (1981,c. 952, s. 2; 1985, c. 487, ss. 3 to 5; c. 666, s. 38; 1985 (Reg. Sess., 1986),c. 1027, s. 51; 1987, c. 429, s. 19; 1989, c. 485, s. 45; 1991, c. 644, s. 34;1998‑215, s. 92; 1999‑393, s. 1; 2003‑400, s. 11; 2005‑451,ss. 1, 4.)
§ 143‑143.13. Groundsfor denying, suspending, or revoking licenses; civil penalties.
(a) A license may bedenied, suspended or revoked by the Board on any one or more of the followinggrounds:
(1) Making a materialmisstatement in application for license.
(2) Failing to post anadequate corporate surety bond, cash bond or fixed value equivalent.
(3) Engaging in thebusiness of manufactured home manufacturer, dealer, salesperson, or set‑upcontractor without first obtaining a license from the Board.
(4) Failing to complywith the warranty service obligations and claims procedure established by thisPart.
(5) Failing to complywith the set‑up requirements established by this Part.
(6) Failing or refusingto account for or to pay over moneys or other valuables belonging to othersthat have come into licensee's possession arising out of the sale ofmanufactured homes.
(6a) Failing to complywith the escrow or trust account provisions of Part 2 of this Article.
(7) Using unfair methodsof competition or committing unfair or deceptive acts or practices.
(8) Failing to complywith any provision of this Part.
(9) Failing to appearfor a hearing before the Board or for a prehearing conference with a person orpersons designated by the Board after proper notice or failing to comply withorders of the Board issued pursuant to this Part.
(10) Employing unlicensedsalespersons.
(11) Offering for salemanufactured homes manufactured or assembled by unlicensed manufacturers orselling manufactured homes to unlicensed dealers for sale to buyers in thisState.
(12) Conviction of anycrime listed in G.S. 143‑143.10A.
(13) Having had a licenserevoked, suspended or denied by the Board; or having had a license revoked,suspended or denied by a similar entity in another state; or engaging inconduct in another state which conduct, if committed in this State, would havebeen a violation under this Part.
(14) Employing orcontracting with any person to perform setups who is not licensed by the Boardas a set‑up contractor.
(b) Repealed by SessionLaws 1985, c. 666, s. 38.
(c) In addition to theauthority to deny, suspend, or revoke a license under this Part the Board mayimpose a civil penalty upon any person violating the provisions of this Part.Upon a finding by the Board of a violation of this Part, the Board shall orderthe payment of a penalty of not less than one hundred dollars ($100.00) normore than five hundred dollars ($500.00). In determining the amount of thepenalty, the Board shall consider the degree and extent of harm caused by theviolation, the amount of money that inured to the benefit of the violator as aresult of the violation, whether the violation was committed willfully, and theprior record of the violator in complying or failing to comply with laws,rules, or orders applicable to the violator. Each day during which a violationoccurs shall constitute a separate offense. The penalty shall be payable to theBoard. The Board shall remit the clear proceeds of penalties provided for inthis subsection to the Civil Penalty and Forfeiture Fund in accordance withG.S. 115C‑457.2.
Payment of the civil penaltyunder this section shall be in addition to payment of any other penalty for aviolation of the criminal laws of this State. Nothing in this subsection shallprevent the Board from negotiating a mutually acceptable agreement with anyperson as to the status of the person's license or certificate or as to anycivil penalty. (1981,c. 952, s. 2; 1985, c. 487, ss. 3 to 5; c. 666, s. 38; 1985 (Reg. Sess., 1986),c. 1027, s. 51; 1987, c. 429, s. 19; 1989, c. 485, s. 45; 1991, c. 644, s. 34;1998‑215, s. 92; 1999‑393, s. 1; 2003‑400, s. 11; 2005‑451,ss. 1, 4.)
§ 143‑143.13. Groundsfor denying, suspending, or revoking licenses; civil penalties.
(a) A license may bedenied, suspended or revoked by the Board on any one or more of the followinggrounds:
(1) Making a materialmisstatement in application for license.
(2) Failing to post anadequate corporate surety bond, cash bond or fixed value equivalent.
(3) Engaging in thebusiness of manufactured home manufacturer, dealer, salesperson, or set‑upcontractor without first obtaining a license from the Board.
(4) Failing to complywith the warranty service obligations and claims procedure established by thisPart.
(5) Failing to complywith the set‑up requirements established by this Part.
(6) Failing or refusingto account for or to pay over moneys or other valuables belonging to othersthat have come into licensee's possession arising out of the sale ofmanufactured homes.
(6a) Failing to complywith the escrow or trust account provisions of Part 2 of this Article.
(7) Using unfair methodsof competition or committing unfair or deceptive acts or practices.
(8) Failing to complywith any provision of this Part.
(9) Failing to appearfor a hearing before the Board or for a prehearing conference with a person orpersons designated by the Board after proper notice or failing to comply withorders of the Board issued pursuant to this Part.
(10) Employing unlicensedsalespersons.
(11) Offering for salemanufactured homes manufactured or assembled by unlicensed manufacturers orselling manufactured homes to unlicensed dealers for sale to buyers in thisState.
(12) Conviction of anycrime listed in G.S. 143‑143.10A.
(13) Having had a licenserevoked, suspended or denied by the Board; or having had a license revoked,suspended or denied by a similar entity in another state; or engaging inconduct in another state which conduct, if committed in this State, would havebeen a violation under this Part.
(14) Employing orcontracting with any person to perform setups who is not licensed by the Boardas a set‑up contractor.
(b) Repealed by SessionLaws 1985, c. 666, s. 38.
(c) In addition to theauthority to deny, suspend, or revoke a license under this Part the Board mayimpose a civil penalty upon any person violating the provisions of this Part.Upon a finding by the Board of a violation of this Part, the Board shall orderthe payment of a penalty of not less than one hundred dollars ($100.00) normore than five hundred dollars ($500.00). In determining the amount of thepenalty, the Board shall consider the degree and extent of harm caused by theviolation, the amount of money that inured to the benefit of the violator as aresult of the violation, whether the violation was committed willfully, and theprior record of the violator in complying or failing to comply with laws,rules, or orders applicable to the violator. Each day during which a violationoccurs shall constitute a separate offense. The penalty shall be payable to theBoard. The Board shall remit the clear proceeds of penalties provided for inthis subsection to the Civil Penalty and Forfeiture Fund in accordance withG.S. 115C‑457.2.
Payment of the civil penaltyunder this section shall be in addition to payment of any other penalty for aviolation of the criminal laws of this State. Nothing in this subsection shallprevent the Board from negotiating a mutually acceptable agreement with anyperson as to the status of the person's license or certificate or as to anycivil penalty. (1981,c. 952, s. 2; 1985, c. 487, ss. 3 to 5; c. 666, s. 38; 1985 (Reg. Sess., 1986),c. 1027, s. 51; 1987, c. 429, s. 19; 1989, c. 485, s. 45; 1991, c. 644, s. 34;1998‑215, s. 92; 1999‑393, s. 1; 2003‑400, s. 11; 2005‑451,ss. 1, 4.)
