§ 71-4609 — Commission; duties; rules and regulations; refusal to issue seal; grounds; hearing; appeal; commission; powers; disciplinary actions; fee

Nebraska § 71-4609

• Jurisdiction: Nebraska
• Ch. 71: Public Health and Welfare

Text

(1) The commission
shall administer the Uniform Standard Code for Manufactured Homes and Recreational
Vehicles. The commission may adopt and promulgate, amend, alter, or repeal
general rules and regulations of procedure for (a) administering the provisions
of the code, (b) issuing seals, (c) obtaining statistical data respecting
the manufacture and sale of manufactured homes and recreational vehicles,
and (d) prescribing means, methods, and practices to make effective such provisions.
(2) The commission shall refuse to issue a seal to any manufacturer
or other person for any manufactured home or recreational vehicle found to
be not in compliance with its standards governing body and frame design and
construction or plumbing, heating, or electrical systems for manufactured
homes or recreational vehicles or for which fees have not been paid. Except
in case of failure to pay the required fees, any such manufacturer or other
person may request a hearing before the commission on the issue of such refusal.
Procedures for notice and opportunity for a hearing before the commission
shall be pursuant to the Administrative Procedure Act. The refusal by the
commission may be appealed, and the appeal shall be in accordance with section 75-136 .
(3) The issuance of seals may be suspended or revoked as to
any manufacturer or other person who has not complied with any provision of
the code or with any rule, regulation, or standard adopted and promulgated
under the code or who is convicted of violating section 71-4608 , and issuance
of the seals shall not be resumed until such manufacturer or other person
submits sufficient proof that the conditions which caused the lack of compliance
or the violation have been remedied. Any manufacturer or other person may
request a hearing before the commission on the issue of such suspension or
revocation. Procedures for notice and opportunity for a hearing before the
commission shall be pursuant to the Administrative Procedure Act. The suspension
or revocation by the commission may be appealed, and the appeal shall be in
accordance with section 75-136 .
(4) The commission may conduct hearings and presentations
of views consistent with the regulations adopted by the United States Department
of Housing and Urban Development and adopt and promulgate such rules and regulations
as are necessary to carry out this function.
(5) The commission shall establish a monitoring inspection
fee in an amount approved by the United States Secretary of Housing and Urban
Development, which fee shall be an amount paid to the commission by the manufacturer
for each manufactured-home seal issued in the state. An additional monitoring
inspection fee established by the United States Secretary of Housing and Urban
Development shall be paid by the manufacturer to the secretary who shall distribute
the fees collected from all manufactured-home manufacturers based on provisions
developed and approved by the secretary.

Legislative History

Source: Laws 1969, c. 557, § 9, p. 2274; Laws 1975, LB 300, § 21; Laws 1981, LB 545, § 25; Laws 1985, LB 313, § 13; Laws 1988, LB 352, § 134; Laws 1993, LB 536, § 91; Laws 1998, LB 1073, § 133; Laws 2002, LB 93, § 16; Laws 2013, LB545, § 3. Cross References: Administrative Procedure Act, see section 84-920.