RS 911.24 - License required; qualifications; application; issuance; transfer; criminal history record information
A.(1) No manufacturer, retailer, or salesman within or without this state shall sell or offer for sale in Louisiana any mobile home, modular home, or manufactured housing unless he has obtained a valid manufacturer's, retailer's, or salesman's license, whichever is applicable, from the commission as provided in this Part.
(2) No developer shall sell or offer for sale to the public any manufactured or modular home unless he has obtained a license from the commission, as provided in this Part. No employee of a developer shall offer manufactured or modular housing for sale to the general public without first obtaining a salesman license or being a licensed real estate agent.
(3) No manufacturer within or without this state shall sell or offer for sale to a person any manufactured or modular housing for resale to the public unless the person has obtained a valid retailer's or developer's license from the commission as provided in this Part.
(4) A license shall be issued when the requirements of this Part are met as herein provided.
(5) The commission may, by rule and regulation promulgated in accordance with the Administrative Procedure Act, provide for staggered renewal and collection of the annual license fees imposed under R.S. 51:911.28.
(6) No retailers or developers shall offer for sale to the public any new manufactured or modular home unless the manufacturer of the home has obtained a valid manufacturer's license.
B. Application for a manufacturer's license shall be made upon the form prescribed by the commission and shall contain all of the following:
(1) The name and address of the applicant.
(2) The name and address of each partner if the applicant is a partnership.
(3) The names of the principal officers and the state in which incorporated, if the applicant is a corporation.
(4) The place or places where the applicant's business is to be conducted.
(5) Such other reasonable information as may be required by the commission.
C.(1) No retailer's, developer's, or salesman's license shall be issued to any person who has not attained the age of eighteen years.
(2) Each applicant for an original retailer's license or an original developer's license shall have first served actively for one year as a salesman or shall have purchased an existing licensed retail dealership.
(3) All retailers and developers are required to have at least one licensed salesman.
D. Every application for license shall be verified by the oath or affirmation of the applicant if an individual or if the applicant is a partnership or corporation, by a partner or officer thereof. The applications for licenses shall be in such form and detail as the commission shall prescribe, setting forth the following:
(1) The name and address of the applicant and the name under which he intends to conduct business.
(2) The place or places, including the city or village with the street and street number, if any, where the business is to be conducted.
(3) Such other information as the commission may require.
(4) A list of all directors and officers and shareholders with more than twenty percent interest if said applicant is a corporation or a list of all principals if the applicant is a partnership.
E. A license shall be granted only to a person who bears a good reputation for honesty, trustworthiness, integrity, and competence to transact business in such a manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. If an applicant for a license is a partnership or a corporation, the qualifications of each member of a partnership or officer of a corporation may be considered by the commission in issuing or refusing to issue a license.
F. The commission may, after giving the applicant notice and opportunity for a hearing as provided for in this Part, refuse to issue a license when it is satisfied that the applicant has done one of the following:
(1) Made a false statement of a material fact in his application.
(2) Been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or theft, or has been convicted of a felony or a crime involving moral turpitude in any court of competent jurisdiction.
(3) Has no established place of business which is used or will be used for the purpose of selling, displaying, and offering for sale or dealing in manufactured housing.
(4) Is violating the provisions of this Part.
G.(1) Any manufacturer or retailer before removing any one or more of his places of business or opening any additional place of business shall apply to the commission and obtain a separate license for each place of business to which he intends to move and for each additional place of business and pay the applicable fee, as provided in this Part, for each place of business to which he moves and for each additional place of business.
(2) A licensed salesman transferring employment from one retailer to another retailer shall apply to the commission for a transfer of his salesman's license within fifteen days after the date of his transfer of employment and shall pay the applicable fee as provided in this Part. The application for transfer shall be in a form prescribed by the commission.
H.(1) Except as provided in Paragraph (2) of this Subsection, beginning January 1, 1983, every license issued under this Part shall be issued annually and shall expire on December thirty-first following the date upon which it was issued. Each such license issued shall be renewed annually, and failure to apply for a renewal license by January first of the ensuing license period shall automatically suspend such license until a renewal license is applied for. During the period of suspension any practice by the licensee under the color of such license shall be deemed a violation of this Part. Applications made during the period of suspension shall require the payment of a fee equal to twice the amount of the license renewal fee as set forth in R.S. 51:911.28. Failure to obtain renewal license within twelve months after the date of suspension shall automatically revoke such license. Renewal of a retailer's license shall require such retailer to certify that he has maintained a record of providing satisfactory service to consumers.
(2) Beginning January 1, 1992, the commission may, by rule and regulation promulgated in accordance with the Administrative Procedure Act, provide for staggered renewal and collection of the annual license fees imposed under R.S. 51:911.28. Any rule and regulation promulgated under the provisions of this Paragraph providing for the staggered issuance and renewal of a license shall require that the license be renewed twelve months after issuance annually, and failure to apply for such renewal license shall automatically suspend such license until a renewal license is applied for. During the period of suspension any practice by the licensee under the color of such license shall be deemed a violation of this Part. Applications made during the period of suspension shall require the payment of a fee equal to twice the amount of the license renewal fee as set forth in R.S. 51:911.28. Failure to obtain renewal license within twelve months after the date of suspension shall automatically revoke such license. Renewal of a retailer's license shall require such retailer to certify that he has maintained a record of providing satisfactory service to consumers.
I.(1) The commission shall have the authority to request and obtain from the Department of Public Safety and Corrections, Bureau of Criminal Identification and Information, hereinafter referred to as the "bureau", criminal history record information as defined in R.S. 51:911.22 on any person applying for any license which the commission is authorized by law to issue and shall pay a fee as specified in R.S. 15:587.
(2) The applicant shall submit fingerprints and other identifying information to the commission, which shall then submit such information to the bureau, and the bureau shall, upon request of the commission and after receipt of the fingerprint card and other identifying information from the commission, make available to the commission all arrest and conviction information contained in the bureau's criminal history record and identification files which pertain to the applicant.
(3) The commission shall have the authority to charge and collect from an applicant for any license which the board is authorized to issue, in addition to all other applicable fees and costs, such amount as may be incurred by the commission in requesting and obtaining criminal history record information on the applicant.
J.(1) All retailers and developers shall annually take a commission-approved continuing education course. The individual required to attend the continuing education course is the individual license holder; for corporations, an officer or manager; for partnerships, a partner or manager. The commission shall set the educational requirements and approve providers and the course materials for all continuing education classes. The commission shall have the authority to suspend these continuing education requirements, for one or more licensees, if the commission, in its discretion, determines such action is warranted due to extraordinary circumstances.
(2) Any person applying for an original retailer's license or an original developer's license after January 1, 2004, shall submit a financial statement prepared by an independent third-party accounting firm evidencing a minimum net worth of fifty thousand dollars or post a fifty thousand dollar surety bond with the commission. Further, each of these persons shall take a class and pass an accompanying test prior to receiving his original license. The commission shall develop the class and test. The fee for the retailer and developer class and test shall be set by rule and shall not exceed one hundred dollars.
K. Repealed by Acts 2017, No. 221, §2.
L. The commission shall require that retailers, developers, transporters, and installers show proof of continued and ongoing general liability insurance coverage of at least one hundred thousand dollars. Manufacturers shall be required to show proof of continued and ongoing liability insurance coverage of at least one million dollars.
Acts 1974, No. 281, §1; Amended by Acts 1982, No. 211, §1, eff. July 15, 1982; Acts 1982, No. 565, §1, eff. July 22, 1982; Acts 1984, No. 577, §1; Acts 1984, No. 731, §1; Acts 1987, No. 499, §1; Acts 1991, No. 593, §1; Acts 1997, No. 160, §§1, 2; Acts 2000, 1st Ex. Sess., No. 92, §§1, 2; Acts 2001, No. 718, §2; Acts 2002, 1st Ex. Sess., No. 82, §1, eff. April 18, 2002; Acts 2003, No. 661, §1; Acts 2004, No. 419, §1, eff. July 1, 2004; Acts 2007, No. 441, §1; Acts 2008, No. 825, §1; Acts 2017, No. 221, §§1, 2; Acts 2021, No. 29, §2.