Effective - 01 Mar 2011, 2 histories
700.100. Refusal to renew, grounds, notification to applicant, contents — complaints may be considered. — 1. The commission may refuse to register or refuse to renew the registration of any person who fails to comply with the provisions of sections 700.010 to 700.115. Notification of unfavorable action by the commission on any application for registration or renewal of registration must be delivered to the applicant within thirty days from date it is received by the commission. Notification of unfavorable action by the commission on any application for registration or renewal of registration must be accompanied by a notice informing the recipient that the decision of the commission may be appealed as provided in chapter 386.
2. The commission may consider a complaint filed with it charging a registered manufacturer or dealer with a violation of the provisions of this section, which charges, if proven, shall constitute grounds for revocation or suspension of his or her registration, or the placing of the registered manufacturer or dealer on probation.
3. The following specifications shall constitute grounds for the suspension, revocation or placing on probation of a manufacturer's or dealer's registration:
(1) If required, failure to comply with the provisions of section 301.280;
(2) Failing to be in compliance with the provisions of section 700.090;
(3) If a corporation, failing to file all franchise or sales tax forms required by Missouri law;
(4) Engaging in any conduct which constitutes a violation of the provisions of section 407.020;
(5) Failing to comply with the provisions of Sections 2301-2312 of Title 15 of the United States Code (Magnuson-Moss Warranty Act);
(6) As a dealer, failing to arrange for the proper initial setup of any new manufactured home or modular unit sold from or in the state of Missouri, except as allowed under subsection 5 of section 700.656; the dealer shall receive a written waiver of that service from the purchaser or his or her authorized agent;
(7) As a dealer, failing to obtain for each used manufactured home or used modular unit sold a written notice, signed and dated by the purchaser or the purchaser's agent that states: "The Missouri Public Service Commission does not regulate setup of used manufactured homes and used modular units sold by the dealer.";
(8) Requiring any person to purchase any type of insurance from that manufacturer or dealer as a condition to his or her being sold any manufactured home or modular unit;
(9) Requiring any person to arrange financing or utilize the services of any particular financing service as a condition to his or her being sold any manufactured home or modular unit; provided, however, the registered manufacturer or dealer may reserve the right to establish reasonable conditions for the approval of any financing source;
(10) Engaging in conduct in violation of section 700.045;
(11) Failing to comply with the provisions of section 301.210;
(12) Failing to pay all necessary fees and assessments authorized pursuant to sections 700.010 to 700.115.
4. The commission may order that any suspension, revocation, or probation ordered under subsection 3 of this section shall apply to all manufacturer's or dealer's registrations that are held by the same manufacturer or dealer or that are owned or controlled by the same person or persons if a continued and consistent pattern of the violations have been identified by the commission to be present with each registrant under the same control or ownership.
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(L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1999 S.B. 19, A.L. 2001 S.B. 317, A.L. 2008 S.B. 788, A.L. 2010 S.B. 630)
Effective 3-01-11