§ 143-143.10. Manufactured Housing Board created; membership; terms; meetings. - North Carolina Statutes

§ 143‑143.10. Manufactured Housing Board created; membership; terms; meetings.

(a)        There is createdthe North Carolina Manufactured Housing Board within the Department. The Boardshall be composed of 11 members as follows:

(1)        The Commissioner ofInsurance or the Commissioner's designee.

(2)        A manufactured homemanufacturer.

(3)        A manufactured homedealer.

(4)        A representative ofthe banking and finance industry.

(5)        A representative ofthe insurance industry.

(6)        A manufactured homesupplier.

(7)        A set‑upcontractor.

(8)        Two representativesof the general public.

(9)        A person who isemployed with a HUD‑approved housing counseling agency in the State.

(10)      An accountant.

The Commissioner or theCommissioner's designee shall chair the Board. The Governor shall appoint tothe Board the manufactured home manufacturer and the manufactured home dealer.The General Assembly upon the recommendation of the Speaker of the House ofRepresentatives in accordance with G.S. 120‑121 shall appoint to theBoard the representative of the banking and finance industry, the employee of aHUD‑approved housing counseling agency, and the representative of theinsurance industry. The General Assembly upon the recommendation of thePresident Pro Tempore of the Senate in accordance with G.S. 120‑121 shallappoint to the Board the manufactured home supplier, the accountant, and theset‑up contractor. The Commissioner shall appoint two representatives ofthe general public. Except for the representatives from the general public andthe persons appointed by the General Assembly, each member of the Board shallbe appointed by the appropriate appointing authority from a list of nomineessubmitted to the appropriate appointing authority by the Board of Directors ofthe North Carolina Manufactured Housing Institute. At least three nominationsshall be submitted for each position on the Board. The members of the Boardshall be residents of the State.

The members of the Board shallserve for terms of three years. In the event of any vacancy of a positionappointed by the Governor or Commissioner, the appropriate appointing authorityshall appoint a replacement in the same manner as provided for the originalappointment to serve the remainder of the unexpired term. Vacancies inappointments made by the General Assembly shall be filled in accordance withG.S. 120‑122. In the event of any vacancy, the appropriate appointingauthority shall appoint a replacement to serve the remainder of the unexpiredterm. Such appointment shall be made in the same manner as provided for theoriginal appointment. No member of the Board shall serve more than twoconsecutive, three‑year terms.

The members of the Boarddesignated in subdivisions (8), (9), and (10) of this subsection shall have nocurrent or previous financial interest connected with the manufactured housingindustry. No member of the Board shall participate in any proceeding before theBoard involving that member's own business.

Each member of the Board,except the Commissioner and any other State employee, shall receive per diemand allowances as provided with respect to occupational licensing boards byG.S. 93B‑5. All per diem and travel expenses shall be paid exclusivelyout of the fees received by the Board as authorized by this Part. In no caseshall any salary, expense, or other obligation of the Board be charged againstthe General Fund of the State of North Carolina. All moneys and receipts shallbe kept in a special fund by and for the use of the Board for the exclusivepurpose of carrying out the provisions of this Part. At the end of the fiscalyear, the Board shall retain fifteen percent (15%) of the unexpended fundscollected and received during that year. The remaining eighty‑fivepercent (85%) of these funds shall be credited to the General Fund.

(b)        In accordance withthe provisions of this Part, the Board shall have the following powers andduties:

(1)        To issue licenses tomanufacturers, dealers, salespersons, and set‑up contractors.

(2)        To require that anadequate bond or other security be posted by all licensees, except manufacturedhousing salespersons.

(3)        To receive andresolve complaints from buyers of manufactured homes and from persons in themanufactured housing industry, in connection with the warranty, warrantyservice, licensing requirements or any other provision under this Part.

(4)        To adopt rules inaccordance with Chapter 150B of the General Statutes as are necessary to carryout the provisions of this Part.

(5)        To file against thebond posted by a licensee for warranty repairs and service on behalf of abuyer.

(6)        To request that theDepartment of Justice conduct criminal history checks of applicants forlicensure pursuant to G.S. 114‑19.13.

(7)        To conduct randomaudits of dealer escrow or trust accounts. (1981, c. 952, s. 2; 1983, c. 717, ss. 107‑109,114; 1987, c. 429, ss. 6, 7, 19, c. 827, s. 1; 1999‑393, s. 1; 2002‑144,s. 4; 2003‑221, s. 1; 2003‑400, s. 9; 2005‑451, ss. 1, 3.)