Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter E - ENFORCEMENT › Section 80.72 - Sanctions and Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with the provisions of §1201.605 of the Standards Act, the Director may
				  assess and enforce penalties and sanctions against a person who violates any
				  applicable law, rule, regulation, or administrative order of the
				  Department.
(b) The determination
				  of any penalties or other sanctions to be assessed shall be based on the
				  consideration of statutory factors and whether the person against whom such
				  penalties and/or sanctions are to be assessed has timely and in good faith
				  taken the necessary steps to achieve, to the extent feasible, full compliance
				  with all applicable state and federal laws, rules, and regulations and taken
				  appropriate measures to prevent future violations.
(c) When a licensee first receives written
				  notification of a claim for warranty service, the licensee must respond
				  promptly to the request. A failure to do so shall constitute a violation of
				  this chapter.
(d) Immediate
				  corrective action is required if the matter involves an imminent safety
				  hazard.
(e) If, after reasonable
				  investigation, a licensee disputes whether warranty service is required and the
				  licensee is unable to resolve the matter by agreement with the consumer, the
				  licensee may request that the Department perform an inspection of the home. The
				  running of the time to respond to the request for warranty service will be
				  suspended from the time the request for inspection is received until the
				  Department performs the inspection and issues its findings. When the Department
				  concludes its review it will work with the affected licensee(s) and consumer(s)
				  to agree upon a reasonable time to address its findings. In the event the
				  parties cannot agree on a reasonable time, the Director shall issue a revised
				  order assigning a time for compliance. An agreed or ordered time to respond to
				  a request for warranty service may be extended by the Director in response to a
				  request setting forth good cause for the extension. Any such request must be
				  made to the Director prior to the expiration of the allotted time for response.
				  Requests may be made by U.S. First Class mail, by FAX, or by e-mail, or, if
				  followed with written confirmation sent U.S. First Class mail, or by
				  telephone.
(f) Any and all
				  penalties are IN ADDITION to full compliance with the Standards Act and Rules
				  (i.e., full, prompt corrective action, restitution, or whatever else the
				  Standards Act and rules would have required in the first place). Failure to
				  provide such compliance on a timely basis, as specified in the applicable
				  order, will be deemed to be a violation of the order and serve as a basis for
				  pursuing additional administrative action, including the assessing of
				  additional penalties and the pursuit of suspension or revocation of
				  licenses.
(g) The Department
				  offers, at no charge, alternative dispute resolution as an inexpensive and
				  informal way of attempting to resolve any claim or dispute. Depending on the
				  parties, this may involve informal meetings or non-binding mediation.
				  Alternative dispute resolution is available upon request. In the event that a
				  disputed matter cannot be resolved in this manner, the Department reserves the
				  right to pursue all other lawful means of resolution including, but not limited
				  to, pursuit of administrative remedies.