101.951 Manufactured home dealers regulated.
(1) No person may engage in the business of selling manufactured homes to a consumer or to the retail market in this state unless first licensed to do so by the department as provided in this section.
(2)
(a) Application for a license or a renewal license shall be made to the department on forms prescribed and furnished by the department, accompanied by the license fee required under par. (bm).
(b)
1. The department shall, by rule, establish the license period under this section.
2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.
(bm) Fees for licensing of persons under this section shall be established by the department by rule under s. 101.19.
(3) The department shall issue a license only to a person whose character, fitness and financial ability, in the opinion of the department, are such as to justify the belief that the person can and will deal with and serve the buying public fairly and honestly, will maintain a permanent office and place of business in this state during the license year and will abide by all of the provisions of law and lawful orders of the department.
(5) A licensee shall conduct the licensed business continuously during the license year.
(6) The department may deny, suspend or revoke a license on any of the following grounds:
(a) Proof of unfitness.
(b) A material misstatement in the application for the license.
(c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.
(d) Willful failure to comply with any provision of this section or any rule promulgated by the department under this section.
(e) Willfully defrauding any retail buyer to the buyer's damage.
(f) Willful failure to perform any written agreement with any retail buyer.
(g) Failure or refusal to furnish and keep in force any bond required.
(h) Having made a fraudulent sale, transaction or repossession.
(i) Fraudulent misrepresentation, circumvention or concealment, through any subterfuge or device, of any of the material particulars or the nature thereof required hereunder to be stated or furnished to the retail buyer.
(j) Use of fraudulent devices, methods or practices in connection with compliance with the statutes with respect to the retaking of goods under retail installment contracts and the redemption and resale of such goods.
(k) Having indulged in any unconscionable practice relating to the business of selling manufactured homes to a consumer or to the retail market.
(m) Having sold a retail installment contract to a sales finance company, as defined in s. 218.0101 (34) (a), that is not licensed under ss. 218.0101 to 218.0163.
(n) Having violated any law relating to the sale, distribution or financing of manufactured homes.
(7)
(a) The department of safety and professional services may, without notice, deny the application for a license within 60 days after receipt of the application by written notice to the applicant stating the grounds for the denial. Within 30 days after the date on which the written notice of denial is mailed to the applicant, the applicant may petition the department of administration to conduct a hearing to review the denial, and the department of administration shall schedule a hearing with reasonable promptness. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under s. 440.13.
(b) No license may be suspended or revoked except after a hearing. The department of safety and professional services shall give the licensee at least 5 days' notice of the time and place of the hearing. The order suspending or revoking a license is not effective until after 10 days' written notice to the licensee, after the hearing has been had; except that the department of safety and professional services, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. The department of administration shall hear and decide upon matters involving suspensions and revocations brought before the department of safety and professional services. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under s. 440.13.
(c) The department of safety and professional services may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by such licensee so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of such costs in any court of competent jurisdiction.
(8) Any person who violates any provision of this section shall be fined not less than $25 nor more than $100 for each offense.
History: 1999 a. 9, 53, 185; 2003 a. 321; 2005 a. 45; 2017 a. 331.