Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 126 - Manufactured Housing Consumer Recovery Fund › Section 20 CSR 4240-126.020 - Consumer Recovery Fund

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: To establish guidelines for the Manufactured
				  Housing Consumer Recovery Fund (Recovery Fund) pursuant to section
				  700.041,
				  RSMo.
(1) The Recovery Fund
				is established for the purpose of paying unsatisfied claims as approved by the
				commission under the procedures established by this rule. The commission shall
				administer the Recovery Fund, and all monies in the fund shall be used solely
				as prescribed in this rule and pursuant to section
				700.041,
				RSMo.
(2) The advisory committee
				shall consist of three (3) members to assist the commission in the
				administration and investigation of all claims submitted by consumers under
				this rule. The committee members shall include the manager, one (1) person from
				the commission's staff counsel's office, and one (1) member of the Missouri
				Manufactured Housing Association.
(3) In order to receive a disbursement of
				funds from the Recovery Fund, the following criteria shall be met:
(A) A consumer must have purchased a new
				manufactured home or residential modular unit as those terms are defined in
				Chapter 700, RSMo, and the commission's rules;
(B) The new manufactured home or residential
				modular unit must have been purchased from a manufacturer or dealer as those
				terms are defined in Chapter 700, RSMo, and the commission's rules;
(C) At the time of purchase, the manufacturer
				or dealer must have been registered with the commission pursuant to sections
				700.010 to
				700.692,
				RSMo;
(D) If a consumer is seeking
				a disbursement from the Recovery Fund resulting from the actions of an
				installer, at the time of installation, such installer must have been licensed
				with the commission pursuant to sections
				700.650 to
				700.692,
				RSMo;
(E) A consumer must have an
				unsatisfied claim resulting from a violation of-
1. Chapter 700, RSMo; or
2. Any rule adopted by the commission; or
3. The National Manufactured
				Housing Construction and Safety Standards in 24 CFR Part 3280 or the
				Manufactured Home Procedural and Enforcement Regulations in Part 3282 or the
				Manufactured Home Installation Standards and Manufactured Housing Installation
				Rules and Regulations in parts 3285 and 3286; or
4. The standards that govern modular units
				defined in 4 CSR
				240-123.080;
(F) A consumer must have exhausted all legal
				remedies as set forth in section (6) prior to submitting a claim
				form;
(G) A consumer must file a
				claim with the commission on a claim form provided by the commission and within
				one (1) year from the date of exhaustion of legal remedies; and
(H) The amount requested by the consumer must
				reflect the actual cost of repairs or additional costs incurred because a
				manufacturer, dealer, or installer is out-of-business, bankrupt, closed,
				dissolved, or no longer subject to the jurisdiction of the commission. In no
				event shall a reimbursement amount be made from the Recovery Fund in excess of
				five thousand dollars ($5,000) for single section homes and seven thousand five
				hundred ($7,500) for multi-section homes. No claim shall include attorney's
				fees, double, treble, punitive, or exemplary damages.