Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 125 - Manufactured Home Installers › Section 20 CSR 4240-125.090 - Dispute Resolution

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: To establish, pursuant to section
				  700.689,
				  RSMo, a manufactured housing dispute resolution program to promote the timely
				  resolution of disputes among manufacturers, dealers, and installers of
				  manufactured homes.
(1) After
				completion of an initial inspection of a manufactured home, a dispute
				resolution process may be initiated in order to resolve disputes between the
				manufacturer, the dealer, and the installer of the home. This process may be
				initiated at the request of the manager, or upon a manufacturer, dealer, or
				installer having submitted to the manager a written request within fourteen
				(14) days after receipt of the manager's initial inspection report.
(2) All dispute resolutions shall be
				conducted at the site of the manufactured home, unless determined by the
				manager to be unreasonable or impracticable to do so. Upon the decision to
				initiate the dispute resolution process or upon receipt of a written request to
				do so, the manager shall notify in writing all parties of the time and place of
				the dispute resolution. In attempting to schedule the dispute resolution, the
				manager shall make a good faith effort to consider the input of the parties.
				The homeowner shall have the right to attend the dispute resolution, to provide
				input at the request of the manager, and to be informed of the
				outcome.
(3) The manufacturer,
				dealer, and installer shall be required to attend the dispute resolution at the
				time and place determined by the manager. Any party who fails to attend the
				dispute resolution shall be deemed to have waived its right to provide input in
				the process.
(4) Each inspection
				item in dispute shall be discussed at the dispute resolution. All parties shall
				be given the opportunity to present their position in respect to disputed
				items. The parties shall also discuss with the manager a timeline for
				completion of any disputed items and work to reach an agreement
				thereon.
(5) Within ten (10) days
				of the dispute resolution, the manager shall send to the parties a final
				inspection report that identifies which party has been determined by the
				manager to be responsible for repairing the items originally in dispute. This
				inspection report shall also include a date by which the required repairs shall
				be completed.
(6) Reasonable
				extensions to the required completion dates may be granted by the manager under
				circumstances including, but not limited to, impracticability due to weather or
				the ability of a party to obtain engineering or permit approvals.
(7) If the repairs are not completed by the
				original or duly-extended deadline, the manager, after consultation with the
				commission staff director, may file a formal complaint with the
				commission.
(8) In any case where a
				deficiency is determined by the manager to be an imminent safety hazard or to
				constitute a serious structural defect, the manager may file a request asking
				the commission for an immediate hearing of the dispute.
*Original authority: 700.689, RSMo
					 2004.