Minnesota Administrative Code

1350.3900 CONSUMER COMPLAINT HANDLING AND REMEDIAL ACTIONS. Parts 1350.3900 to 1350.5700 govern consumer complaint handling and remedial actions. Statutory Authority: MS s 327.33 Published Electronically: January 4, 2010

1350.4000 PURPOSE. The purpose of parts 1350.3900 to 1350.5700 is to establish a system under which the protections of the act are provided with a minimum of formality and delay, but in which the rights of all parties are protected. Statutory Authority: MS s 327.33 Published Elec…

1350.4100 SCOPE. Parts 1350.3900 to 1350.5700 set out the procedures to be followed by manufacturers, production inspection primary inspection agencies, and the commissioner to assure that manufacturers provide notification and correction with respect to their manufactured homes …

1350.4200 CONSUMER COMPLAINTS. Under parts 1350.3900 to 1350.5700 all consumer complaints or other information indicating the possible existence of an imminent safety hazard, serious defect, defect, or noncompliance shall be referred to the manufacturer of the potentially affecte…

1350.4300 NOTIFICATION AND CORRECTION REQUIREMENT. Subpart 1. Requirement. Notification and correction shall be required to be provided with respect to manufactured homes that have been sold or otherwise released by the manufacturer to another party when the manufacturer, a state…

1350.4400 CONSUMER COMPLAINT AND INFORMATION REFERRAL. When a consumer complaint or other information indicating the possible existence of a noncompliance, defect, serious defect, or imminent safety hazard is received by the commissioner, the commissioner shall forward the compla…

1350.4500 NOTIFICATION PURSUANT TO MANUFACTURER'S DETERMINATION. Subpart 1. Notice requirement. The manufacturer shall provide notification as set out in parts 1350.3800 to 1350.5700 with respect to all manufactured homes produced by the manufacturer in which there exists or may …

1350.4600 RESPONSIBILITIES OF COMMISSIONER. Subpart 1. Consumer complaints. The commissioner shall oversee the handling of consumer complaints by manufacturers within this state. As part of that responsibility, the commissioner shall monitor manufacturer compliance with parts 135…

1350.4700 REQUIRED MANUFACTURER CORRECTION. A manufacturer required to furnish notification under part 1350.4500 or 1350.4800 shall correct, at its expense, any imminent safety hazard or serious defect that can be related to an error in design or assembly for the manufactured hom…

1350.4800 NOTIFICATION AND CORRECTION PURSUANT TO ADMINISTRATIVE DETERMINATION. Subpart 1. Preliminary determinations. Whenever the commissioner has information indicating the possible existence of an imminent safety hazard or serious defect in a manufactured home, the commission…

1350.4900 REIMBURSEMENT FOR PRIOR CORRECTION BY OWNER. A manufacturer that is required to correct under part 1350.4700 or who decides to correct and obtain a waiver under part 1350.4500, subpart 7, or 1350.4800, subpart 5, shall provide reimbursement for reasonable cost of correc…

1350.5000 MANUFACTURER'S PLAN FOR NOTIFICATION AND CORRECTION. Subpart 1. Basic requirement. Subparts 1 to 6 set out the requirements that manufacturers shall meet in preparing plans they are required to submit under part 1350.4500, subparts 3 and 4. The underlying requirement is…

1350.5100 CONTENTS OF NOTICE. Except as otherwise agreed by the commissioner who will review the plan under part 1350.4500, subpart 4, the notification to be sent by the manufacturer shall include the following: A. an opening statement: "This notice is sent to you in accordance w…

1350.5200 TIME FOR IMPLEMENTATION. Subpart 1. Plan for correction. The manufacturer shall complete implementation of the plan for correction approved under part 1350.4500, subpart 5 on or before the deadline established in the plan as required by part 1350.5000, subpart 5. The de…

1350.5300 COMPLETION OF REMEDIAL ACTIONS AND REPORT. Subpart 1. Notification. Where a manufacturer is required to provide notification under parts 1350.3900 to 1350.5700, the manufacturer shall maintain in its files for five years from the date the notification campaign is comple…

1350.5400 CORRECTION OF CERTAIN HAZARDS AND DEFECTS. If, in the course of making corrections under part 1350.5200, the manufacturer creates an imminent safety hazard or serious defect, the manufacturer shall correct the imminent safety hazard or serious defect under part 1350.470…

1350.5500 MANUFACTURED HOMES IN THE HANDS OF DEALERS AND DISTRIBUTORS. Subpart 1. Responsibility of manufacturer. The manufacturer is responsible for correcting any failures to conform and imminent safety hazards which exist in manufactured homes which have been sold or otherwise…

1350.5600 NOTICES, BULLETINS, AND OTHER COMMUNICATIONS. At the time of dispatch, each manufacturer shall give to the commissioner a true or representative copy of all notices, bulletins, and other written communications to the dealers or distributors of the manufacturers regardin…

1350.5700 SUPERVISION OF NOTIFICATION AND CORRECTION ACTIONS. Subpart 1. Notifications and corrections. The production inspection primary inspection agency in each manufacturing plant shall be responsible for assuring that notifications are sent to all owners, purchasers, dealers…

1350.5800 RECIPROCITY. Upon a showing that another state provides for the sealing of manufactured homes upon compliance with standards which are at least equal to those provided in the code, the commissioner may provide that a construction seal affixed under the authority of the …

1350.5900 APPEALS. Any person aggrieved by application of parts 1350.3900 to 1350.5700 may, within 30 days of the time when the grievance arose, appeal to the commissioner. Upon receipt of a timely appeal and the submission of the appropriate fee pursuant to part 1350.6600 by app…

1350.6000 GENERAL POLICIES FOR HEARINGS AND PRESENTATION OF VIEWS MEETINGS. Subpart 1. Policy. All hearings and presentations of views meetings shall be public. Subp. 2. Request. On receiving a request for a hearing or presentation of views meetings, the commissioner shall either…

1350.6100 PRESENTATION OF VIEWS MEETINGS. Subpart 1. Conduct of meeting. A presentation of views meeting may be written or oral and may include an opportunity for an oral presentation, whether requested or not, whenever the commissioner concludes that an oral presentation would b…

1350.6200 PUBLIC PARTICIPATION IN PRESENTATION OF VIEWS MEETINGS. Subpart 1. Written. Any interested persons may participate in writing in any presentation of views meeting held under the provision of part 1350.6100. The presiding officer shall consider to the extent practicable …

1350.6300 HEARINGS. Whenever the commissioner determines that a formal hearing is necessary in order to resolve the presentation of adversary views on matters governed by parts 1350.0100 to 1350.9200, the hearing shall be conducted according to Minnesota Statutes, chapter 14, gov…

1350.6400 FORM AND REMITTANCE OF FEES. All remittances shall be in the form of checks or money orders payable to "Minnesota Department of Labor and Industry"; and addressed to: Department of Labor and Industry, 443 Lafayette Road North, Saint Paul, Minnesota 55155. Statutory Auth…

1350.6600 APPEAL FEE. The appeal fees are as stated in Minnesota Statutes, section 326B.139. Statutory Authority: MS s 327.33; 327B.01 to 327B.12 History: 24 SR 1846; L 2007 c 140 art 4 s 61; art 13 s 4 Published Electronically: January 4, 2010

1350.6700 REGISTRATION REQUIREMENT AND INSTALLER LICENSING RECIPROCITY. Subpart 1. Registration. An installer shall register with the department to obtain seals by providing a copy (proof) of a manufactured home installer's license issued by the commissioner or a reciprocal state…

1350.6705 DEFINITIONS. Subpart 1. Applicability. The definitions in this part apply to part 1350.6710. Subp. 2. Appropriate and related knowledge. "Appropriate and related knowledge" means facts, information, or principles that are clearly relevant to the installer in performing …

1350.6710 LICENSED MANUFACTURED HOME INSTALLER EDUCATION. Subpart 1. Installer continuing education requirements. An installer licensed in Minnesota is required to complete a minimum of 12 classroom hours of continuing education training during every three-year license renewal pe…

1350.6800 OTHER FEES. For all other work performed by the Department of Labor and Industry including, but not limited to, the review of plans, specifications, independent agency reports, quality control evaluations, and on-site inspections, a fee as specified in Minnesota Statute…

1350.6900 RESERVATION OF RIGHTS. Nothing in parts 1350.0100 to 1350.6900 shall limit the rights of the purchaser under any contract or applicable law. Statutory Authority: MS s 327.33 Published Electronically: January 4, 2010

1350.7000 AUTHORITY. Parts 1350.7000 to 1350.9200 are adopted by the commissioner pursuant to Minnesota Statutes, section 327B.10, to implement and administer the provisions of Minnesota Statutes, sections 327B.01 to 327B.12, relating to the licensing of manufactured home manufac…

1350.7100 DEFINITIONS. Subpart 1. Scope. The terms used in parts 1350.7000 to 1350.9200 have the meanings given them in this part and in Minnesota Statutes, section 327B.01. Subp. 2. Applicant. "Applicant" means a person who is applying for a manufactured home manufacturer or dea…

1350.7200 LICENSE APPLICATION. Subpart 1. Forms; requirements. An applicant shall apply for a manufacturer, dealer, limited dealer, or dealer subagency license on forms furnished by the commissioner and shall comply with Minnesota Statutes, section 327B.04. Subp. 2. Required info…

1350.7205 LIMITED LICENSE APPLICATION. An applicant shall apply for a limited dealer license pursuant to Minnesota Statutes, section 327B.04, subdivision 8. Statutory Authority: MS s 327B.01 to 327B.12 History: 24 SR 1846 Published Electronically: January 4, 2010

1350.7300 ESTABLISHED PLACE OF BUSINESS. Subpart 1. Proof required. The commissioner shall not grant a dealer license until the applicant has furnished the commissioner with proof that the applicant has an established place of business, as required by Minnesota Statutes, section …

1350.7400 MANUFACTURER'S SALE AGREEMENT. A dealer shall furnish a copy of the contract or franchise required by Minnesota Statutes, section 327B.04, subdivision 4, clause (b), to the commissioner. The dealer shall notify the commissioner within 14 days of the time when a contract…

1350.7500 TRUST ACCOUNT. A broker shall establish a trust account with a bank located in this state, and must comply with Minnesota Statutes, section 327B.08, subdivisions 3 to 5. The trust account information must be submitted on a form furnished by the commissioner. Statutory A…

1350.7600 RETURNED CHECKS. When a check is offered to the commissioner in payment for fees or changes pursuant to parts 1350.7000 to 1350.9200 and the check is returned without payment for any reason, the fee set in Minnesota Statutes, section 327B.04 becomes due and is a part of…

1350.7700 POSTING OF LICENSE. A current license must be posted at the principal place of business and at each subagency and at each manufactured home park location in a conspicuous place and clearly visible to all consumer customers. The posted license must be the license issued …

1350.7800 REAPPLYING FOR A LICENSE. A person whose license has been suspended, revoked, or whose license application has been denied may not reapply for a license until the error, omission, or cause for suspension, revocation, or denial has been corrected to the satisfaction of t…

1350.7900 CLOSING OF PRINCIPAL PLACE OF BUSINESS OR SUBAGENCY. When a dealer or limited dealer closes a principal place of business or dealer subagency, the dealer or limited dealer must notify the commissioner and return the appropriate license certificate within 14 days of the …

1350.8000 LICENSE RENEWAL. Subpart 1. Date of renewal. Licensees must renew their licenses pursuant to Minnesota Statutes, section 327B.04 and this part. The commissioner shall send out renewal notices by November 15 of the year a license expires. The renewal must be submitted on…

1350.8100 LIMITED DEALER AND DEALER'S RECORDS. Subpart 1. Dealer records. A dealer shall retain copies of all records as required by Minnesota Statutes, section 327B.06, subdivision 1. All records must be retained in one centralized place designated by the dealer. The dealer shal…

1350.8200 SALESPEOPLE. Every dealer shall submit a written list to the commissioner of all salespersons employed by the dealer, as required by Minnesota Statutes, section 327B.07, subdivision 2. The list must include the starting date and, when applicable, the termination date, f…

1350.8400 TRUST FUNDS. The broker with whom trust funds are to be deposited in satisfaction of Minnesota Statutes, section 327B.08, subdivision 3, shall be the broker under contract for the sale of the manufactured home with the seller. Trust funds must be maintained in the trust…