§ 20-29-104 - Assessments. - Arkansas Statutes

20-29-104. Assessments.

(a) The Arkansas Manufactured Home Commission shall collect assessment fees from manufacturers of manufactured homes in this state, manufacturers of manufactured homes in other states selling manufactured homes in this state, and installers and retailers.

(b) The commission shall collect the following assessment fees at the time of submission of initial certification or licensure applications:

(1) Installer ..................... $2,500.00 per location

(2) Retailer ..................... 5,000.00 per location

(3) Manufacturer ..................... 10,000.00 per location

(c) (1) If the balance of the Manufactured Housing Recovery Fund falls below two hundred fifty thousand dollars ($250,000), then the commission may collect an annual assessment from each manufacturer of manufactured homes in this state, manufacturers of manufactured homes in other states selling manufactured homes in this state, and installers and retailers, and the annual assessment shall continue until such time as the fund is restored to a minimum level of two hundred fifty thousand dollars ($250,000).

(2) The annual assessments collected shall not exceed the following:

(A) Installer ..................... $500.00 per location

(B) Retailer ..................... 1,000.00 per location

(C) Manufacturer ..................... 3,000.00 per location

(3) The assessments shall be collected within thirty-days' notice to all certified manufacturers, retailers, and licensed installers.

(d) (1) Any participant may receive a refund of its initial assessment after a two-year waiting period after it ceases operation of its business in this state if there are no claims pending against the participant, provided that:

(A) The participant shall notify the commission by certified mail within forty-five (45) days after the two-year waiting period and request the refund or the assessment fee shall be forfeited; and

(B) The two-year waiting period shall begin on the participant's next certification or licensing anniversary date after the participant ceases operation of its business in this state.

(2) If the participant fails to satisfy the provisions found in subdivisions (d)(1)(A) and (B) of this section, the assessment fee shall remain in the fund.

(3) No interest shall accrue to the benefit of the participant.