§ 20-29-106 - Payment of damages -- Award from Manufactured Housing Recovery Fund when damages not paid. - Arkansas Statutes

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Statutes > Arkansas > Title-20 > Subtitle-2 > Chapter-29 > 20-29-106

20-29-106. Payment of damages -- Award from Manufactured Housing Recovery Fund when damages not paid.

(a) Upon a finding by the Arkansas Manufactured Home Commission that a standard has been violated, the commission shall direct the respondent licensee, retailer, installer, or manufacturer to correct the violation within a reasonable time, not to exceed ninety (90) days following the written decision of the commission.

(b) If the violation is not corrected within ninety (90) days following the written decision of the commission and if no appeal of the decision has been filed in the circuit court, the commission, upon request, shall pay from the Manufactured Housing Recovery Fund the actual cost of repairs to the manufactured home if:

(1) The amount is not in excess of ten thousand dollars ($10,000) for any one (1) violation of the respondent licensee, installer, retailer, or manufacturer;

(2) The fund balance is sufficient to pay the award;

(3) The complainant has assigned all rights and claims that he or she has against the respondent to the commission; and

(4) The complainant agrees to subrogate the commission to all rights of the complainant to the extent of the payment.

(c) Nothing in this section shall obligate the fund for any amount in excess of twelve thousand five hundred dollars ($12,500) per installer, twenty-five thousand dollars ($25,000) per retailer, or seventy-five thousand dollars ($75,000) per manufacturer with respect to the actions of any one (1) licensee, installer, retailer, or manufacturer.

State Codes and Statutes

Statutes > Arkansas > Title-20 > Subtitle-2 > Chapter-29 > 20-29-106

20-29-106. Payment of damages -- Award from Manufactured Housing Recovery Fund when damages not paid.

(a) Upon a finding by the Arkansas Manufactured Home Commission that a standard has been violated, the commission shall direct the respondent licensee, retailer, installer, or manufacturer to correct the violation within a reasonable time, not to exceed ninety (90) days following the written decision of the commission.

(b) If the violation is not corrected within ninety (90) days following the written decision of the commission and if no appeal of the decision has been filed in the circuit court, the commission, upon request, shall pay from the Manufactured Housing Recovery Fund the actual cost of repairs to the manufactured home if:

(1) The amount is not in excess of ten thousand dollars ($10,000) for any one (1) violation of the respondent licensee, installer, retailer, or manufacturer;

(2) The fund balance is sufficient to pay the award;

(3) The complainant has assigned all rights and claims that he or she has against the respondent to the commission; and

(4) The complainant agrees to subrogate the commission to all rights of the complainant to the extent of the payment.

(c) Nothing in this section shall obligate the fund for any amount in excess of twelve thousand five hundred dollars ($12,500) per installer, twenty-five thousand dollars ($25,000) per retailer, or seventy-five thousand dollars ($75,000) per manufacturer with respect to the actions of any one (1) licensee, installer, retailer, or manufacturer.

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State Codes and Statutes

Statutes > Arkansas > Title-20 > Subtitle-2 > Chapter-29 > 20-29-106

20-29-106. Payment of damages -- Award from Manufactured Housing Recovery Fund when damages not paid.

(a) Upon a finding by the Arkansas Manufactured Home Commission that a standard has been violated, the commission shall direct the respondent licensee, retailer, installer, or manufacturer to correct the violation within a reasonable time, not to exceed ninety (90) days following the written decision of the commission.

(b) If the violation is not corrected within ninety (90) days following the written decision of the commission and if no appeal of the decision has been filed in the circuit court, the commission, upon request, shall pay from the Manufactured Housing Recovery Fund the actual cost of repairs to the manufactured home if:

(1) The amount is not in excess of ten thousand dollars ($10,000) for any one (1) violation of the respondent licensee, installer, retailer, or manufacturer;

(2) The fund balance is sufficient to pay the award;

(3) The complainant has assigned all rights and claims that he or she has against the respondent to the commission; and

(4) The complainant agrees to subrogate the commission to all rights of the complainant to the extent of the payment.

(c) Nothing in this section shall obligate the fund for any amount in excess of twelve thousand five hundred dollars ($12,500) per installer, twenty-five thousand dollars ($25,000) per retailer, or seventy-five thousand dollars ($75,000) per manufacturer with respect to the actions of any one (1) licensee, installer, retailer, or manufacturer.