Title 10, Title 10

If the identity or whereabouts of the owners are not known, notice shall be given by publication as in other actions where publication is required.

In a lien action, when the labor or materials were not furnished by a contract with the owner of the property affected, the owner may voluntarily appear and become a party to the action. If the owner does not so appear, such notice of the action as the court orders must be given …

If, in the opinion of the court, the article on which the lien is claimed is not of sufficient value to pay the plaintiff's claim with the probable costs of suit, the court may order the defendant to give bond to the plaintiff, with sufficient sureties approved by the court, to p…

After trial and final adjudication in favor of the plaintiff, the court may order any competent officer to sell the article on which the lien is claimed, as personal property is sold on execution, and out of the proceeds, after deducting the officer's fees and the expenses of sal…

Money paid into court may be paid over to the person legally entitled to it, on motion and order of the court. If it is not called for at the first term after it is paid into court, it must be presumed unclaimed and disposed of according to Title 33, chapter 45.

In any such action, judgment may be rendered against the defendant and the property covered by the lien, or against either, for so much as is found due by virtue of the lien. If the amount due exceeds the amount so covered, then a separate execution shall be issued to the plainti…

All liens named herein may be discharged by tender of the sum due made by the debtor or owner of the property or the debtor's or owner's agents.

A security interest perfected in accordance with Title 11 has priority over any lien created or referred to by this Title unless the person claiming the lien has possession of the goods subject to the lien.

1. Removal within 60 days. Unless a specific time period is otherwise provided, a holder of a lien against property issued pursuant to the laws of this State shall remove the lien within 60 days of satisfaction or discharge of the lien by the debtor or owner of the property or ag…

There is created and established the Department of Professional and Financial Regulation, in this chapter referred to as the "department," to regulate financial institutions, insurance companies, grantors of consumer credit and to license and regulate professions and occupations.…

The following boards and commissions are affiliated with the Department of Professional and Financial Regulation: [PL 1989, c. 450, §5 (NEW).] 1. State Board of Registration of Architects and Landscape Architects. 2. State Board of Cosmetology. 3. Board of Dental Practice. 4. Boa…

The Commissioner of Professional and Financial Regulation, referred to in this chapter as the "commissioner," is the chief administrative officer of the department and is responsible for supervising the administration of the department. The commissioner is appointed by the Govern…

1. Division of Administrative Services. There is created a Division of Administrative Services, which is a division within the department under the commissioner's office, to provide assistance to the commissioner and to the agencies within and affiliated with the department in ci…

1. Affiliated boards. In aid of their investigative authority, the licensing boards and commissions affiliated with the department pursuant to section 8001‑A may issue subpoenas in the name of the relevant licensing board or commission, in accordance with the terms of Title 5, se…

1. During investigation. Unless otherwise provided by Title 24, chapter 21, all complaints and investigative records of the licensing boards, commissions and regulatory functions within or affiliated with the Department of Professional and Financial Regulation are confidential du…

1. Complaints of unlicensed practice. A board or commission identified in section 8001, subsection 38 or section 8001‑A or a regulatory function administered by the Office of Professional and Occupational Regulation identified in section 8001, subsection 38 may receive or initiat…

When there is a finding of a violation, a board affiliated with the department identified in section 8001‑A may assess the licensed person or entity for all or part of the actual expenses incurred by the board or its agents for investigations and enforcement duties performed. [PL…

Any board or commission identified in section 8001, subsection 38 or section 8001‑A or a regulatory function administered by the Office of Professional and Occupational Regulation identified in section 8001, subsection 38 may adopt by rule a list of violations for which citations…

All money received by the Office of Professional and Occupational Regulation on behalf of a board or commission listed in section 8001, subsection 38 or by the Office of Professional and Occupational Regulation to perform the regulatory functions listed in section 8001, subsectio…

The Office of Professional and Occupational Regulation, referred to in this subsection as "the office," including the licensing boards and commissions and regulatory functions within the office, shall require: [PL 2007, c. 621, §4 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).] 1. Resp…

Notwithstanding any provision of chapter 951 or Title 32 to the contrary that pertains to the regulatory functions of the Office of Professional and Occupational Regulation, referred to in this section as "the office," or that governs the licensing boards and commissions within t…

Notwithstanding any other provision of law, all annual reports or statements required of bureaus and offices within the department must be submitted to the commissioner not later than August 1st of each year and must summarize the operations and financial position of the bureau o…

The Director of the Office of Professional and Occupational Regulation shall report annually to the joint standing committee of the Legislature having jurisdiction over professional and occupational regulation on the status of licensing fees and fee caps.

In addition to other qualifications for licensure or registration and conditions for continuing eligibility to hold a license as prescribed by the various acts of bureaus, boards or commissions that compose or are affiliated with the department, applicants for licensure or regist…

In addition to other qualifications for licensure or registration and conditions for continuing eligibility to hold a license as required by bureaus, boards and commissions within or affiliated with the department, applicants for licensure or registration, licensees renewing thei…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Board" means any bureau, board or commission listed in section 8001 or 8001‑A, other licensors that are affiliated with or are a part of the depar…

The Commissioner of Professional and Financial Regulation or the chief staff administrator for an occupational and professional regulatory board shall work with the Executive Department to prepare general information regarding the purpose of an occupational and professional regul…

The sole purpose of an occupational and professional regulatory board is to protect the public health and welfare. A board carries out this purpose by ensuring that the public is served by competent and honest practitioners and by establishing minimum standards of proficiency in …

Notwithstanding any other provision of law, upon expiration of a professional or occupational licensing board member's term, that member serves until a successor is appointed and qualified. The successor's term commences at the expiration of the preceding term, regardless of the …

Notwithstanding any provision of law to the contrary, a majority of the members serving on a board or commission under section 8001, subsection 38 constitutes a quorum. The board or commission shall elect its chair. [PL 2013, c. 246, Pt. A, §1 (NEW).]Revisor's Note: §8010. Vetera…

By January 1, 2014, each board, commission, office and agency within the department listed in section 8001 or affiliated with the department under section 8001‑A shall adopt a process to facilitate qualified persons to obtain professional licenses granted by those boards, commiss…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Aiding and assisting legally protected health care activity" has the same meaning as in Title 14, section 9002, subsection 1. [PL 2023, c. 648, Pt…

1. Declaration. It is found and declared that: A. The production and utilization of manufactured housing and the use of new and improving technologies, techniques, methods and materials have and will increase the available supply of housing at prices that residents of this State …

As used in this chapter, unless the context otherwise indicates, the following words and terms shall have the following meanings. [PL 1977, c. 550, §1 (NEW).] 1. Board. "Board" means the Manufactured Housing Board. 2. Dealer. "Dealer" means a person engaged in the sale, offering …

1. Established. The Manufactured Housing Board, established by Title 5, section 12004-A, subsection 22, consists of 9 members appointed by the Governor. 2. Composition of board; terms of members. The members of the board include: A. [PL 1997, c. 727, Pt. C, §2 (RP).] B. Three pub…

1. Executive director. The Commissioner of Professional and Financial Regulation may appoint or remove for cause, with the advice of the board, an executive director who is the principal administrative and supervisory employee of the Department of Professional and Financial Regul…

The board shall administer and enforce the provisions of this chapter. [PL 2007, c. 402, Pt. D, §4 (NEW).] The board shall propose, revise, adopt and enforce rules necessary to carry out this chapter in accordance with the provisions of Title 5, chapter 375, subchapter 2. Rules a…

1. Standards. The board shall, by rule, set uniform reasonable standards for the installation of manufactured homes, including, but not limited to, standards for foundations, supports, anchoring, underpinning and skirting of manufactured homes installed in this State. 2. Exemptio…

In addition to requiring that the "Health Notice on Formaldehyde Emissions" set out in 24 Code of Federal Regulations 53280.309 be prominently displayed in each manufactured housing unit sold in the State and provided as part of the Manufactured Home Consumer Manual provided to e…

The board shall issue warranty seals to be attached on manufactured housing sold in this State. The following provisions govern the attachment of warranty seals on manufactured housing. [PL 1993, c. 642, §15 (NEW).] 1. Manufacturer's warranty seal. Before manufactured housing may…

1. Notice of installation. A manufacturer, dealer, mechanic and installer shall notify the board every month of the installations completed by that person that month. The notice must include the location of each unit of manufactured housing, the owner of each unit at the time of …

1. Licenses. A person may not manufacture, sell, broker, distribute, install or service any manufactured housing in this State regardless of the destination of the housing without first obtaining a license from the board as required in this chapter. 2. Violation of regulations an…

1. Investigations. The board is authorized to conduct any inspections and investigations as may be necessary to carry out its responsibilities under this chapter. Fees for inspection of manufactured housing that must be paid by the manufacturer, dealer, developer dealer, installe…

1. Inspection of violations. The board may, upon complaint or probable cause, inspect the manufactured housing, manufacturing facilities, a licensee's business facilities or such records as may be necessary to verify whether a violation has occurred. If the board finds that a vio…

1. Reported information. All information reported to or otherwise obtained by the board, its director or any of its employees which contains or relates to a trade secret, or which, if disclosed would put the person furnishing the information at a substantial competitive disadvant…

The board shall adopt rules governing qualifications for each category of license under its jurisdiction. [PL 1993, c. 642, §22 (NEW).] 1. Licenses required. Any person who engages in the business of manufacturing, brokering, distributing, selling, installing or servicing manufac…