Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 12 - MANUFACTURED HOUSING RULES AND REGULATIONS › Section 291-12-007 - PROCEDURES FOR CORRECTIVE ACTION

Current through June 17, 2024
007.01
Manufacturers Opportunity
				for Informal Presentation:
If the Department determines that a
				manufactured home has a violation or contains a failure to conform which does
				constitute an imminent safety hazard or serious defect, it shall immediately
				notify the manufacturer of such finding and the Department shall afford such
				manufacturer an opportunity to present his or her views and evidence in support
				thereof to establish that there is no failure to conform. If, after such
				presentation by the manufacturer, the Department determines that such
				manufactured home does not comply with applicable departmental standards or
				contains a failure to conform which constitutes an imminent safety hazard or
				serious defect, the Department shall direct the manufacturer to furnish the
				notification specified in Section
				007.01A.
007.01A
Manufacturers
				Notification and Correction
: Every manufacturer shall furnish
				notification of any failure to conform in any manufactured home produced by
				such manufacturer which he or she determines, in good faith, violates a
				standard adopted by the Commission which constitutes an imminent safety hazard
				or serious defect in a single home or non-compliance determined to be in a
				class of homes to the purchaser of such manufactured home, within a reasonable
				time after such manufacturer has discovered the failure to conform. The
				notification required shall be accomplished by:
(a) Certified mail to the first purchaser,
				not including any dealer or distributor of such manufacturer, of the
				manufactured home containing the failure to conform and to any subsequent
				purchaser to whom any warranty of such manufactured home has been transferred;
(b) Certified mail to any other
				person who is a registered owner of such manufactured home and whose name and
				address has been ascertained pursuant to procedures established under Section
				007.01B;
(c) Certified mail or other more
				expeditious means to the dealer or dealers of such manufacturer to whom such
				manufactured home was delivered. The notification required shall contain a
				clear description of such failure to conform, an evaluation of the risk to
				manufactured home occupants' safety reasonably related to such defect, and a
				statement of the measure(s) needed to repair the failure to conform. The
				notification shall also in-orm the owner whether the failure to conform is a
				construction or safety failure to conform which the manufacturer will have
				corrected at no cost to the owner of the manufactured home, or a failure to
				conform which must be corrected at the expense of the owner.
If a manufacturer is required to furnish notification of a
				  failure to conform in accordance with this Section, the manufacturer is also
				  required to bring the manufactured home into compliance with the code adopted
				  in Section 001.02 and correct the failure to conform or have the failure to
				  conform corrected within a reasonable period of time at no expense to the owner
				  if the failure to conform presents an unreasonable risk of injury or death to
				  occupants of the affected manufactured home and the failure to conform is
				  related to an error by the manufacturer in design or assembly of the
				  manufactured home.
The Department may direct the manufacturer to make such
				  corrections after providing an opportunity for oral and written presentation of
				  views by interested persons. Nothing in this section shall limit the rights of
				  the purchaser or any other person under any contract or other applicable
				  law.
The manufacturer shall submit a remedy plan for repairing
				  such failure to conform to the Department for its approval, or the manufacturer
				  shall notify the Department of the corrective action it has taken and request
				  departmental approval. Whenever a manufacturer is required to correct a failure
				  to conform, the Department shall approve, with or without modification, after
				  consultation with the manufacturer of the manufactured home involved, the
				  manufacturer's remedy plan including the date when, and the method by which,
				  the notification and remedy required pursuant to this section shall be
				  effectuated. Such date shall be the earliest practicable one, but shall not be
				  more than sixty (60) days after the date of discovery or determination of the
				  failure to conform, unless the Commission grants an extension of such period
				  for good cause shown. The manufacturer shall implement any remedy plan approved
				  by the Commission.
When a failure to conform in a manufactured home cannot be
				  adequately repaired within the sixty days from the date of discovery or
				  determination of the failure to conform, the Commission may require that the
				  manufactured home be replaced with a new or equivalent manufactured home
				  without charge or that the purchase price be refunded in full, less a
				  reasonable allowance for depreciation based on actual use if the manufactured
				  home has been in the possession of the owner for more than one year. Every
				  manufacturer of manufactured homes shall furnish to the Department a true or
				  representative copy of all notices, bulletins, and other communications sent to
				  the dealers of the manufacturer or to purchasers of manufactured homes of the
				  manufacturer regarding any failure to conform in any manufactured home produced
				  by the manufacturer. The Commission shall disclose to the public so much of the
				  information contained in such notices or other information obtained pursuant to
				  the code as it deems will assist in carrying out the purposes of the code, but
				  it shall not disclose any information which contains or relates to a trade
				  secret, or which, if disclosed, would put the manufacturer at a substantial
				  competitive disadvantage, unless it determines that it is necessary to carry
				  out the purposes of the code.