41-2189. Funding and assessments


A. A dealer or broker 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 board of not to exceed thirty dollars for each
unit sold, for deposit into the consumer recovery fund. The fee is payable to the office
by the fifteenth day of the month following the month in which the sale is consummated.


B. If the balance remaining in the consumer recovery fund is less than two hundred
thousand dollars, a dealer or broker of manufactured homes, mobile homes or factory-built
buildings designed for use as residential units shall, when renewing a license for the
following calendar year, pay in addition to the renewal fee a fee of not to exceed fifty
dollars for deposit into the fund. If the balance in the consumer recovery fund exceeds
four hundred thousand dollars, the board may relieve licensees of the per unit fee.


C. Chapter 6 of this title does not apply to the setting of fees under this
section.


D. An amount not to exceed seventy-five per cent of the previous fiscal year's
interest earned on the consumer recovery fund may be expended by the director, with the
approval of the board. The expenditure shall be used for consumer and licensee education
in connection with the manufactured housing and factory-built building industry, and all
monies up to a maximum of fifty thousand dollars remaining unexpended and unencumbered at
the end of each fiscal year may be used for consumer and licensee education in succeeding
fiscal years and do not revert to the consumer recovery fund.