reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 37 - Manufactured Home Installers › Subchapter 7 - Installation Standards › Section 765:37-7-4 - Anchoring for previously occupied manufactured homes

Current through Vol. 41, No. 20, July 1, 2024
(a) Ties shall be as evenly spaced as
				practicable along the length of the home, and the distance from each end of the
				home and the diagonal tie nearest that end shall not exceed 2 feet. Ties will
				be spaced no more than 11 feet apart on a side, allowing adjustment for
				obstructions (any strap spacing may be exceeded by 10%, so long as the average
				strap spacing does not exceed 11 feet). The number of ties per side will be
				calculated by the formula: section-length , divided by the spacing of 11 feet
				(rounded to next whole number), plus 1 tie. [The result for a 16'x80' (overall
				length) would be 8 diagonal ties per side.]
(b) Over-the-top vertical ties will not be
				necessary for home 13.5 feet or wider, with 10 feet or less wall height, with
				I-beams that are 96 inches or more apart, with no evidence that vertical ties
				have been cut or removed and with diagonal ties installed extending to the
				nearest I-beam.
(c) Where a
				vertical tie and diagonal tie are located at the same place, both ties may be
				connected to a single anchor, provided that the anchor used is capable of
				carrying both loadings.
(d)
				Anchors shall be capable of resisting a minimum total load capacity of 4,725
				pounds (2,143 kg) and a working capacity of 3,150 pounds (1,429kg).
(e) All anchoring devices shall be installed
				in accordance with the anchor manufacturer's instructions, including, but not
				limited to, the use of approved stabilizer plates or 10" diameter x 18" deep
				poured concrete cylinders to prevent lateral movement of the anchor through the
				soil.
(f) Tie down anchors are not
				required when the home is installed on a FOUNDATION SYSTEM designed by an
				architect or registered engineer, which is designed to resist all tributary
				vertical live and dead loads, as well as lateral loads (wind or seismic), for
				the local conditions.
Added at 18 Ok Reg 2904, eff 6-25-01 ; Amended at 20 Ok
					 Reg 1821, eff 6-12-03 ; Amended at 30 Ok Reg 1877, eff
					 7-11-13
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 37 - Manufactured Home Installers › Subchapter 7 - Installation Standards › Section 765:37-7-5 - Perimeter skirting for previously occupied manufactured homes

Current through Vol. 41, No. 20, July 1, 2024
(a)
Skirting.
Skirting, if used
				shall be of durable materials suitable for exterior exposures. Any lumber used
				in connection with skirting within 6 inches of the ground shall be pressure
				treated to prevent decay and termite infestations.
(b)
Ventilation.
Ventilation
				shall be provided for the crawlspace at a minimum of one square foot of free
				area for every 150 square feet of the home's floor area. Ventilation may be
				obtained by:
(1) Ventilation openings shall
				be placed at or near each corner of the home and shall be located so as to
				provide cross-ventilation on at least two opposite sides of solid foundations;
(2) Self-ventilating skirting may
				be used to satisfy cross ventilation in all other areas.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 37 - Manufactured Home Installers › Subchapter 8 - Certified Inspection Program › Section 765:37-8-1 - New Manufactured Home Inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) All new manufactured home installations
				shall be inspected by a certified installation inspector.
(b) In addition to certified installation
				inspectors who meet the qualifications set forth herein, a certified
				installation inspector may include a HUD certified DAPIA or IPIA, an engineer
				experienced in manufactured home installations, an inspector certified by
				authorities with jurisdiction where the manufactured home is installed or a
				qualified Commission employee.
(c)
				The purpose of the inspection of the installation by a certified inspector is
				to verify that the installation was performed in a manner which complies with
				new manufactured home installation standards.
(d) The Manufactured Home Advisory Committee
				shall review and recommend the educational and experiential standards for
				certified installation inspectors to the Commission for approval. Said
				standards shall include at a minimum, eight (8) hours of training in a
				classroom setting and four (4) hours in sited training. Said standards shall be
				published on the Commission website and distributed to every licensed
				installer. Such standards may be changed or modified as the need for changes or
				modifications become apparent.
(e)
				An applicant for a certified installation inspector shall be approved by the
				Manufactured Home Advisory Committee and the Commission.
(f) A certified installation inspector shall
				be authorized to perform an installation inspection on any new manufactured
				home installation performed within the State of Oklahoma.
(g) The Manufactured Home Advisory Committee
				shall recommend the qualifications for instructors of candidates for
				designation as certified installation instructors and submit said
				qualifications to the Commission for approval.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 37 - Manufactured Home Installers › Subchapter 9 - Assessment of Fine or Denial, Suspension, or Revocation of License › Section 765:37-9-1 - Grounds

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission may deny an application
				for a license, or revoke or suspend a license after it has been granted for any
				of the reasons listed in 47 O.S. Sections
				584(A)(1)
				through (6), or for violation of any statute
				or regulation relating to the installation of a manufactured home.
(b) The Commission may in addition to any
				other sanction or penalty assessed, impose a fine as authorized by
				law.
Added at 23 Ok Reg 2898,
				  eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 37 - Manufactured Home Installers › Subchapter 9 - Assessment of Fine or Denial, Suspension, or Revocation of License › Section 765:37-9-2 - Prohibition

Current through Vol. 41, No. 20, July 1, 2024
A person whose license has been revoked shall not have a
				  financial interest of any kind in a manufactured home installer's business, nor
				  shall that person participate in any way, including in an advisory position, in
				  the operation of a manufactured home installer's business.
Added at 23 Ok Reg 2898,
				  eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 37 - Manufactured Home Installers › Subchapter 9 - Assessment of Fine or Denial, Suspension, or Revocation of License › Section 765:37-9-3 - Enforcement and Inspections for Enforcement of Standard

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission shall administer and
				enforce these provisions. Any person, agent, or organization approved and
				authorized by the Commission may inspect any installation system and equipment
				to ensure compliance with these rules.
(b) In the event an inspection is required to
				enforce these provisions, inspections may be made by an approved Third Party
				Inspector in accordance with Design Approval Primary Inspection Agency (DAPIA)
				approved manufacturer's installation instructions, engineer design or HUD's
				Model Manufactured Home Installation Standards ( 24 CFR Part 3285 ) for new
				manufactured homes. An approved third party inspector includes the following:
				An employee of a participating jurisdiction, individual, employee of a private
				firm, home inspector having demonstrated proficiency in manufactured homes, or
				a professional licensed engineer or architect all of whom have been approved by
				the Commission to perform installation inspections. The Commission shall adopt
				a standard installation authorization form to be used statewide by the
				Commission and Certified Inspectors, a standard inspection form, and
				established minimum inspection requirements. The inspection referred to in this
				subsection pertains only to the first-time installation of a manufactured home.
				A copy of the Inspection record shall be maintained by the qualified third
				party, installer and retailer for a minimum of five (5) years and shall be
				available for review and inspection by the Commission.
Added at 30 Ok Reg 1878, eff
					 7-11-13
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 38 - Manufactured Home Salesperson › Subchapter 1 - Registration Qualifications, Procedures and Fees › Section 765:38-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter have been adopted for the purpose
				  of complying with the provisions of 75 O.S. Section 250 et seq., 47 O.S.
				  Section 582 (E) and 47 O.S. Section 583.1B (2019 Supp.) This Chapter will
				  provide a description of the qualifications for obtaining a manufactured home
				  salesperson's certificate of registration, authority of a salesperson, and the
				  grounds and procedure for assessment of a fine or denial, suspension, or
				  revocation of a manufactured home salesperson's certificate of
				  registration.
Added at 23 Ok Reg 2899,
				  eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 38 - Manufactured Home Salesperson › Subchapter 1 - Registration Qualifications, Procedures and Fees › Section 765:38-1-2 - Fees

Current through Vol. 41, No. 20, July 1, 2024
The fees required for an application or renewal of
				  manufactured home salesperson's certificate of registration are recited in 47
				  O.S. Section 583.1.
Added at 23 Ok Reg 2899,
				  eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 38 - Manufactured Home Salesperson › Subchapter 1 - Registration Qualifications, Procedures and Fees › Section 765:38-1-3 - Applicant

Current through Vol. 41, No. 20, July 1, 2024
(a)
Activities requiring certificate of
				registration.
A manufactured home salesperson is anyone who has been
				engaged by a manufactured home dealer to buy, sell, exchange, negotiate or act
				as an agent for the purchase, sale or exchange of an interest in a manufactured
				home on behalf of the dealer for whom the salesperson is employed. A
				salesperson shall include anyone employed by the manufactured home dealer who
				is involved in any part of the sales process, including but not limited to the
				sales manager and finance and/or insurance manager.
(b)
Information required.
An
				applicant shall provide sufficient information on the application or otherwise
				to enable the Commission to determine whether the applicant should be granted a
				certificate of registration. The information shall include:
(1) information relating to the applicant's
				business integrity, the applicant's experience in the same or similar
				businesses, and his business history,
(2) whether the applicant will devote full or
				part time to the business, and
(3)
				any other pertinent information consistent with the safeguarding of the public
				interest and welfare.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 38 - Manufactured Home Salesperson › Subchapter 1 - Registration Qualifications, Procedures and Fees › Section 765:38-1-4 - Issuance of certificate of registration

Current through Vol. 41, No. 20, July 1, 2024
(a)
Prerequisite.
A certificate of registration for a manufactured
				home salesperson will not be issued, renewed, or endorsed until the employing
				dealer is licensed and has certified that the applicant for said certificate is
				in his employ. Dealers' payrolls and other evidence will be checked to
				ascertain that all salespersons for such dealers are registered. The dealer
				shall pay for the certificate of registration, but may do so on a reimbursable
				basis, or any other plan satisfactory to its dealership organization. All
				salesperson's certificates of registration will be sent to the dealer for
				distribution to the respective applicants, and the dealer will determine that
				all its personnel required to obtain certificates have done so.
(b)
Permanent certificate of
				registration.
A permanent salesperson's certificate of registration
				shall be issued after approval of the applicant by the Commission. A
				salesperson's certificate shall consist of an identification card bearing the
				name, name of employer, address, signature of the Executive Director, the
				dealer's license number. The card shall be carried upon his person at all times
				when acting as a manufactured home salesperson at licensee location.
Added at 23 Ok Reg 2899,
				  eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 38 - Manufactured Home Salesperson › Subchapter 1 - Registration Qualifications, Procedures and Fees › Section 765:38-1-5 - Renewal of certificate of registration

Current through Vol. 41, No. 20, July 1, 2024
All certificates shall expire on the 31st day of December,
				  of each odd numbered year following the date of issue and shall be
				  nontransferable.
Added at 23 Ok Reg 2899,
				  eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 38 - Manufactured Home Salesperson › Subchapter 1 - Registration Qualifications, Procedures and Fees › Section 765:38-1-6 - Changes

Current through Vol. 41, No. 20, July 1, 2024
(a)
Employer.
If the salesperson
				changes employer, the holder of the certificate of issue shall immediately upon
				employment by another manufactured home dealer, apply for a salesperson's
				certificate of registration with the new employer. The salesperson shall
				surrender his salesperson's certificate of registration upon termination of the
				employment relationship.
(b)
Notice.
The dealer will notify the Commission in writing when a
				salesperson's employment is terminated. The dealer may be liable for actions of
				the salesperson until proper notice is filed with the Commission.
Added at 23 Ok Reg 2899,
				  eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 38 - Manufactured Home Salesperson › Subchapter 3 - Authority of Salespersons › Section 765:38-3-1 - Authority

Current through Vol. 41, No. 20, July 1, 2024
(a)
Salesperson only.
A
				manufactured home salesperson's certificate of registration shall permit the
				holder to engage in the activities of a manufactured home salesperson. A
				salesperson's certificate of registration does not entitle the holder to
				perform as a dealer as defined in 47 O.S. Section 581. A manufactured home
				salesperson's certificate of registration does not entitle a person to
				separately own manufactured homes for sale or any interest in the manufactured
				homes or dealer business without first qualifying as a partner, corporate
				member, or part owner of the dealership and meeting the qualifications of a
				dealer as prescribed in 47 O.S. Sections 581-583.
(b)
One card only.
A salesperson
				may not hold more than one manufactured home salesperson's certificate of
				registration at any one time or be employed by or sell for any dealer other
				than the dealer and at the address designated on the salesperson's certificate
				, with the exception that the licensed dealer has more than one location. Then
				the licensed dealer and salesperson may sell on each location properly licensed
				as additional locations.
(c)
Restrictions.
A salesperson's certificate of registration shall
				not be issued for an individual who is not actively engaged in the activities
				of a manufactured home salesperson.
Added at 23 Ok Reg 2899,
				  eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 38 - Manufactured Home Salesperson › Subchapter 5 - Assessment of Fine or Denial, Suspension, or Revocation of Certificate of Registration › Section 765:38-5-1 - Grounds

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission
				may deny an application for certificate of registration, or suspend or revoke a
				certificate after it has been granted for violation of any statute or
				regulation relating to the purchase, sale, display for sale, or transfer of a
				manufactured home; or if it is determined that the license is being or has been
				issued for the benefit of a person who would not or could not qualify for the
				license in his or her own right and;
(b) On satisfactory proof of unfitness of the
				applicant or the holder of the certificate of registration under the standards
				established under Title 47 Oklahoma Statutes §
									581 et seq. or the Rules of the
				Commission,
(c) For fraudulent or
				material misstatements made by the applicant in any application for license or
				certificate of registration,
(d)
				For any willful failure to comply with, or continued or flagrant violation of,
				any provision of Title 47 Oklahoma Statutes §
									581 et. seq. or with any rule
				promulgated by the Commission.
(e)
				A change of condition after a certificate issued resulting in failure to
				maintain the qualifications for license,
(f) Conviction of any felony which in the
				opinion of the Commission may have a direct bearing on the ability of the
				applicant or holder to act asmanufactured home salesperson without endangering
				those with whom the applicant or holder may deal in the conducting of the
				duties of a manufactured home salesperson.
(g) Committing any act within the preceding
				ten (10) years, which resulted in the revocation of a similar license in
				another state,
(h) Engaging in
				business under a past or present license or certificate of registration in such
				a manner as to cause injury to the public or those with whom the holder is
				dealing, or;
(i) For violation of
				any statute or regulation relating to the purchase, sale, display for sale, or
				transfer of a manufactured home; or if it is determined that the certificate is
				being or has been issued for the benefit of a person who would not or could not
				qualify for the certificate in his or her own right.
(j) The Commission may in addition to any
				other sanction or penalty assessed, impose a fine as authorized by law.
Added at 23 Ok Reg 2899,
				  eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 38 - Manufactured Home Salesperson › Subchapter 5 - Assessment of Fine or Denial, Suspension, or Revocation of Certificate of Registration › Section 765:38-5-2 - Prohibitions

Current through Vol. 41, No. 20, July 1, 2024
A person whose certificate of registration has been revoked
				  or denied or whose certificate was surrendered in lieu of revocation or under
				  circumstances such that said certificate of registration could have been
				  revoked, shall not have a financial interest of any kind in a manufactured home
				  sales business, nor shall that person participate in any way, including in an
				  advisory position, in the operation of a manufactured home sales
				  business.
Added at 23 Ok Reg 2899,
				  eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 39 - Restricted Manufactured Home Park Dealers › Subchapter 1 - General Provisions › Section 765:39-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter have been adopted for the purpose
				  of complying with the Administrative Procedures Act, 75 O. S. Section 250 et.
				  seq. and 47 O. S. Section 582 E. This Chapter will provide a description of the
				  qualifications for obtaining a restricted manufactured home park dealer's
				  license, operation under the license and the grounds and procedures for denial,
				  suspension, revocation of a manufactured home park dealer's license, and/or the
				  assessment of fines.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 39 - Restricted Manufactured Home Park Dealers › Subchapter 1 - General Provisions › Section 765:39-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning unless the context clearly indicates
				  otherwise:
"Manufactured home park"
means any parcel or
				  parcels of land under single or common ownership or control that contains, or
				  is designed, laid out, infrastructure in place or adopted to accommodate, more
				  than three manufactured homes with water sewer, or septic and electrical
				  services, used as a commercial enterprise.
"Ready for Occupancy"
means all mobile and
				  manufactured homes located in a mobile, restricted manufactured home park or
				  community offered for sale or lease-purchase must be ready for occupancy.
				  "Ready for Occupancy" requires that the home must be installed and anchored at
				  the site properly and all utilities are connected to service.
"Restricted manufactured home park"
means the
				  manufactured home park to Be used, or used, as the site for the restricted
				  manufactured home park dealer's license.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 39 - Restricted Manufactured Home Park Dealers › Subchapter 3 - Licensing Qualifications, Procedures and Fees › Section 765:39-3-1 - Fees

Current through Vol. 41, No. 20, July 1, 2024
The fees required for an initial application, renewal, and
				  additional location for a restricted manufactured home park dealer's license
				  are recited in 47 O. S. Section 583. A fee will be returned to the applicant in
				  the event the license applied for is denied.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 39 - Restricted Manufactured Home Park Dealers › Subchapter 3 - Licensing Qualifications, Procedures and Fees › Section 765:39-3-2 - Place of business

Current through Vol. 41, No. 20, July 1, 2024
An applicant must have an established place of business. An
				  established place of business means a location which includes at a
				  minimum:
(1) More than three
				manufactured home sites to be used by occupants of the manufactured home
				park.
(2) sufficient parking for
				the public,
(3) an office for
				conducting business where the books, records, and files are kept,
(4) an office which is a building or is a
				separate room within a building on the premises that is considered a permanent
				structure with access to a restroom for the public. Such place of business
				shall not include the use of vacant lots, tents, temporary stands, or other
				temporary office facilities. Provided, however, if an applicant's location does
				not have office on the proposed location because the manufactured home park was
				previously developed without an office, but the applicant has a suitable office
				at another location which is used primarily for restricted manufactured home
				park dealer business within the state of Oklahoma where office personnel are
				employed and the books, records and files of the business are kept, the
				applicant may provide information of said remote office, which may be used as
				the applicant's office if in the sole discretion of the Commission, the remote
				office meets the qualifications for approval as an office.
(5) it shall be separate and apart from any
				other restricted manufactured home park dealer or manufactured home dealer
				location,
(6) meets all zoning,
				occupancy, and other requirements of the appropriate local government, and
				shall be occupied by a person, firm, corporation, or LLC, engaged in the
				business of a restricted manufactured home park dealer,
(7) a sign, reflecting the name of the
				business, visible from the roadway nearest to the entrance of the place of
				business, and
(8) a listed and
				usable telephone at or for the place of business.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 39 - Restricted Manufactured Home Park Dealers › Subchapter 3 - Licensing Qualifications, Procedures and Fees › Section 765:39-3-3 - Applicant information; applications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Information.
An applicant will provide sufficient information on
				the application or otherwise to enable the Commission to determine whether the
				applicant should be granted a license. The information will include:
(1) Information relating to the applicant's
				financial standing,
(2) Information
				relating to the applicant's business integrity, the applicant's experience in
				the same or similar businesses, and his business history,
(3) Whether the applicant will be engaged in
				the pursuit, avocation, or business for which a license is applied,
(4) Whether the applicant will devote full or
				part time to the business,
(5)
				Whether the applicant is able to properly conduct the business for which the
				license is applied,
(6) Any other
				pertinent information consistent with the safeguarding of the public interest
				and welfare.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 39 - Restricted Manufactured Home Park Dealers › Subchapter 3 - Licensing Qualifications, Procedures and Fees › Section 765:39-3-4 - Bond and insurance

Current through Vol. 41, No. 20, July 1, 2024
(a)
Dealer
				bond.
Each applicant for a restricted manufactured home park dealer's
				license will procure and file with the Commission a good and sufficient bond in
				the amount of Thirty Thousand Dollars ($30,000). Said bond will be filed on a
				form approved by the State Attorney General and provided by the Commission. The
				conditions of the bond are that the applicant not practice fraud, make any
				fraudulent representations, or violate any of the provisions of the
				Commission's enabling act while conducting the business for which he is
				licensed. The bonds as required by this section are to be maintained throughout
				the period of licensure. Should the bond be cancelled for any reason, the
				license shall be revoked as of the date of cancellation unless a new bond is
				furnished prior to such date.
(b)
Liability insurance.
Each applicant for a restricted manufactured
				home park dealer's license will furnish and in the event a license is issued,
				keep in force, a minimum of One Hundred Thousand Dollars ($100,000) single
				limit garage liability and completed operations insurance coverage on all
				manufactured homes offered for sale or transported utilizing the streets and
				roadways of Oklahoma in accordance with the financial responsibility laws of
				the State of Oklahoma. The insurance as required by this section shall be
				maintained throughout the period of licensure. Should the insurance be
				cancelled or expire for any reason, the license shall be revoked as of the date
				of cancellation or expiration unless new insurance is furnished prior to such
				date.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 39 - Restricted Manufactured Home Park Dealers › Subchapter 3 - Licensing Qualifications, Procedures and Fees › Section 765:39-3-5 - Issuance of license

Current through Vol. 41, No. 20, July 1, 2024
(a)
Name.
A restricted manufactured home park dealer's license will be
				issued in the legal name of the individual proprietorship, partnership,
				corporation, or LLC as identified on the application for dealer
				license.
(b)
Certificate.
A restricted manufactured home park dealer's license
				shall consist of a signed certificate bearing the official seal of the
				Commission and shall specify the name and location of the place of business and
				assigned dealer number, which will be posted in a conspicuous place in the
				dealer's place or places of business. The restricted manufactured home park
				dealer's license number will be prefixed with MHP, followed by a five digit
				number and then the current year of license (MHP-00000-00).
(c)
Titles.
The valid restricted
				manufactured home park dealer's license permits the dealer to transfer, assign
				and reassign titles and purchase and sell manufactured homes without paying
				excise tax. All occupied manufactured homes must have an Oklahoma
				Title.
(d)
Beginning
				business.
No applicant for a restricted manufactured home park dealer's
				license may conduct business until such time as the Commission has issued him a
				license.
(e)
Manager.
A community manager shall be licensed as an owner or salesperson at the time
				the license is issued.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 39 - Restricted Manufactured Home Park Dealers › Subchapter 3 - Licensing Qualifications, Procedures and Fees › Section 765:39-3-6 - Renewal of license

Current through Vol. 41, No. 20, July 1, 2024
All bonds and licenses issued under the provisions of the
				  Commission's enabling legislation expire on the 31st day of December of each
				  odd numbered year, following the date of issue and are nontransferable. All
				  applications for renewal should be submitted by the 1st day of November of each
				  odd numbered year, and licenses will be issued by January 10th of each even
				  numbered year. If application has not been made for renewal of license, such
				  license expires on December 31st of the odd numbered year, and it shall be
				  illegal for any person to represent himself and act as a dealer thereafter.
				  Provided, if the restricted manufactured home park dealer has offered to sell
				  with an option to purchase, which option has not expired, the restricted
				  manufactured home park dealer shall be required to maintain its license unless
				  and until all options to purchase have been extinguished.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 39 - Restricted Manufactured Home Park Dealers › Subchapter 3 - Licensing Qualifications, Procedures and Fees › Section 765:39-3-7 - Changes

Current through Vol. 41, No. 20, July 1, 2024
(a)
Ownership.
A change of ownership, including a change in a primary
				stockholder in the case of a corporation, or membership in the case of a
				limited liability company, shall require a new application and approval by the
				Commission before the business may begin operation.
(b)
Notification.
A change of
				ownership or any other change, such as change of name or address, which makes
				Commission records no longer accurate must be reported to the Commission
				immediately in writing on forms prescribed by the Commission for approval by
				the Commission. The dealership must meet all the requirements as prescribed for
				licensing. The Commission may revoke or suspend a license after it has been
				granted for change of condition resulting in failure to maintain the
				qualifications for license.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 39 - Restricted Manufactured Home Park Dealers › Subchapter 5 - Operation › Section 765:39-5-1 - Forms required

Current through Vol. 41, No. 20, July 1, 2024
(a)
Forms.
The following forms are required in the sale of a
				manufactured home by a restricted manufactured home park dealer:
(1) Sales contract, bill of sale or buyer's
				order,
(2) Written notice of thirty
				(30) day title-transfer requirement and receipt for delivery of certificate of
				title to buyer,
(3) Condition of
				sale:
(A) warranty, or
(B) service contract, or
(C) warranty disclaimer,
(4) Finance or security agreement, if
				applicable,
(5) Consignment
				agreement, if applicable, and
(6) A
				completed copy of the I-Form from the installer who installed the manufactured
				home, showing the lot location of the home.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 39 - Restricted Manufactured Home Park Dealers › Subchapter 5 - Operation › Section 765:39-5-2 - Consignment sales

Current through Vol. 41, No. 20, July 1, 2024
(a)
Consignment.
A restricted manufactured home park dealer, whether
				acting as principal or agent, or by power of attorney, is responsible for
				complying with
				765:39-3-1 et seq. with regard to
				all manufactured homes purchased, sold, or transferred by the dealer whether or
				not any other party has any interest in the manufactured home being purchased,
				sold, or transferred. The certificate of title of a manufactured home owned by
				an individual consigned to a restricted manufactured home park dealer for sale
				by that dealer need not be assigned by the individual to the dealer provided a
				consignment form approved by this Commission is used in the consignment
				transaction, and all other state and federal forms required are properly
				executed at the time of sale by the dealer as agent for the consignor. The
				consignee is responsible for the truthfulness of the information provided to
				him by the consignor unless consignee willfully, knowingly, or negligently with
				reckless disregard of the true facts, misrepresents or misstates the
				information on the forms and/or certificate of title.
(b)
Title.
(1) The certificate of title of a
				manufactured home consigned to a dealer to be sold from the consignee's
				(agent-dealer's) location licensed by this Commission may be assigned directly
				from the consigning owner to the purchaser. Transfer of certificates of title
				in every instance must comply with the provisions of 47 O.S. Sections 1105 and
				1107. However, it is the responsibility of the consignee (agent-dealer) to
				ensure that all forms and state and federal laws and regulations are complied
				with in the transaction.
(2) The
				certificate of title of a manufactured home must be in the name of the
				restricted manufactured home park dealer (whether by record of title,
				assignment, or re-assignment) who is offering the manufactured home to a
				prospective buyer if that dealer has the sole discretion in determining the
				selling price and in determining the amount of profit he will receive from the
				sale, whether or not any other party has any interest in the manufactured
				home.
(3) Any manufactured home
				which the restricted manufactured home park dealer is selling and providing
				financing on and/or leasing with a possibility of ownership must convey a clear
				Oklahoma title to the purchaser subject only to the financing entity's
				lien.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 39 - Restricted Manufactured Home Park Dealers › Subchapter 5 - Operation › Section 765:39-5-3 - Records

Current through Vol. 41, No. 20, July 1, 2024
(a) Each restricted
				manufactured home park dealer shall keep for a period of five (5) years from
				the date of sale (or as required by any other federal, state, or local
				regulations), a record of the purchase and sale of each manufactured home he
				buys or sells, which shows the name of the seller or buyer as the case may be,
				and a complete description of the manufactured home purchased or sold, and such
				other information as the Commission may prescribe. The records and title of
				manufactured homes shall be available upon request to authorized agents or
				employees of the Commission or any law enforcement officer of the State of
				Oklahoma. If it is determined that a licensee has knowingly provided false or
				misleading information when requested to provide records, the licensee may be
				subject to any appropriate sanction authorized by rule or statute.
(b) In addition to copies of all forms used
				in a sales transaction, the dealers shall keep a copy of the completely
				assigned manufacturer's statement of origin or equivalent document, certificate
				of title, as the case may be.
(c)
				If a dealer contracts for the installation of a manufactured home as a part of
				the sales contract, the dealer shall include in its records a copy of the
				written contract or copy of paid invoice with the installer if the installer is
				a third party, which copy includes the license number of the
				installer.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 39 - Restricted Manufactured Home Park Dealers › Subchapter 7 - Assessment of Fine or Denial, Suspension, or Revocation of License › Section 765:39-7-1 - Grounds

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission
				may deny an application for a license, or revoke or suspend a license after it
				has been granted for any of the reasons listed in 47 O.S. Sections 584 (A)(1)
				through (6), (8), or (B) or for violation of any statute or regulation relating
				to the purchase, sale, display for sale, or transfer of a manufactured
				home.
(b) The Commission may in
				addition to any other sanction or penalty assessed, impose a fine as authorized
				by law.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 39 - Restricted Manufactured Home Park Dealers › Subchapter 7 - Assessment of Fine or Denial, Suspension, or Revocation of License › Section 765:39-7-2 - Prohibition

Current through Vol. 41, No. 20, July 1, 2024
A person whose license has been revoked shall not have a
				  financial interest of any kind in a manufactured home business, nor shall that
				  person participate in any way, including in an advisory position, in the
				  operation of a manufactured home business.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 40 - Crushers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:40-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The Rules of this Chapter have been adopted for the purpose
				  of complying with the provisions of 75 O. S. Section 250 et. seq., 47 O. S.
				  Section 582(E), 47 O. S. Section 592.6( C. ) and 47 O. S. Section 592.9 ( A.).
				  This Chapter will provide a description of the fees for the licenses and
				  functions authorized by statute, the qualifications for obtaining and
				  maintaining a crusher license, operation of a crusher under this license, and
				  the grounds and procedures for denial, suspension or revocation of a crusher's
				  license.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 40 - Crushers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:40-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter,
				  shall have the following meaning:
"Crusher"
shall be defined as set forth in 47 O.
				  S. Section 592.2.(2.).
"Scrap Metal Dealer"
shall be defined as set
				  forth in 2 O. S. Section 11-91 (7).
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 40 - Crushers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:40-1-3 - Fees

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall prescribe by rule a fee for each of the
				  following in the amount stated herein:
(1) The fee required for an initial
				application, which shall be Three Hundred Dollars ($300.00).
(2) An investigation fee, which shall be
				Three Hundred Dollars ($300.00). The investigation fee shall be waived for an
				applicant licensed as an automotive dismantler prior to applying to be licensed
				as a crusher.
(3) A fee required
				for an application for renewal of a license, which shall be Three Hundred
				Dollars ($300.00).
(4) A late fee
				for renewals not received by June 15 of each year, which shall be One Hundred
				Fifty ($150.00).
(5) A fee for a
				change of name of the licensee, which shall be Fifty Dollars
				($50.00).
(6) A fee for a change of
				location of the licensee, which shall be One Hundred Dollars
				($100.00).
(7) A fee for a
				duplicate license, which shall be Twenty Five Dollars ($25.00).
(8) A fee for a returned check, which shall
				be Seventy Five Dollars ($75.00).
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 40 - Crushers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:40-1-4 - Applicant

Current through Vol. 41, No. 20, July 1, 2024
(a)
Information required.
An
				applicant shall provide sufficient information on the application or otherwise
				to enable the Commission to determine whether the applicant should be granted a
				license. The information shall include:
(1)
				Information as set forth in the application form relating to the person or
				persons applying for the license,
(2) Information relating to the applicant's
				financial standing,
(3) Information
				relating to the applicant's business integrity, the applicant's experience in
				the same or similar businesses, and the applicant's business history,
(4) Whether the applicant or anyone acting
				for the applicant in the business has been convicted of a felony.
(5) Whether the applicant will be personally
				involved in the operation of the business or whether some other person shall be
				the primary participant in the business,
(6) Whether the applicant will devote full or
				part time to the business,
(7)
				Whether the applicant is able to properly conduct the business, and,
(8) Such other pertinent information
				consistent with the safeguarding of the public interest and welfare.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 40 - Crushers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:40-1-5 - Bond

Current through Vol. 41, No. 20, July 1, 2024
Each applicant for a crusher license shall procure and file
				  with the Commission a good and sufficient bond in the amount required by law.
				  The bond shall be approved as to form by the Attorney General. The bond form
				  shall contain provisions relating to the bond amount, parties responsible for
				  payment of bond claims, and parties who may make claims on bonds and priorities
				  of claimants, if applicable.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 40 - Crushers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:40-1-6 - Issuance of license

Current through Vol. 41, No. 20, July 1, 2024
(a)
Name.
A crusher license will be issued in the legal name of the
				business as identified on the application for license. A license will not be
				issued in a name which is offensive to a reasonable person's sensibilities, nor
				any name which is misleading or confusing to those with whom the licensee
				deals.
(b)
Certificate.
A crusher's license shall consist of a signed
				certificate bearing the official seal of the Commission and shall specify the
				name and location of the place of business and assigned license number, which
				shall be posted in a conspicuous place in the crusher's place of business. The
				crusher license number will be prefixed with CR, followed by a four digit
				number and then the current year of license. (CR-0000-00).
(c)
Card and Identification
				sticker.
The licensee will receive a gratis license card which shall be
				carried upon the licensee's person at all times when acting as a crusher. An
				identifying sticker shall be issued to licensee for each crusher, which shall
				be placed on a conspicuous location on the crusher.
(d)
Beginning business.
No
				applicant for a crusher license shall conduct business until such time as the
				Commission has issued a license to the applicant.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 40 - Crushers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:40-1-7 - Renewal of license

Current through Vol. 41, No. 20, July 1, 2024
All bonds and licenses issued under this Chapter shall expire
				  on the 30th day of June, following the date of issue and shall be
				  nontransferable. All applications for renewal shall be submitted by the 1st day
				  of June of each year. Renewals received after June 15 shall be assessed a late
				  fee. If application has not been made for renewal of license, such license
				  shall expire on June 30th, and it shall be illegal for such former licensee to
				  represent himself as a crusher thereafter.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 40 - Crushers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:40-1-8 - Changes

Current through Vol. 41, No. 20, July 1, 2024
(a)
Ownership.
A change of
				ownership, including a change in a primary stockholder in the case of a
				corporation, or membership in the case of a limited liability company, shall
				require a new application and approval by the Commission before the business
				may begin operation.
(b)
Notification.
A change of ownership or any other change, such as a
				change of name or address, which makes Commission records no longer accurate
				must be reported to the Commission immediately in writing on forms prescribed
				by the Commission for approval by the Commission. The crusher must meet all the
				requirements as prescribed for licensing. The Commission may revoke or suspend
				a license after it has been granted for change of condition resulting in
				failure to maintain the qualifications for license. Failure to complete the
				requirements for licensing after change of conditions within thirty (30) days
				shall result in suspension of the dealer's license until the licensing
				requirements are met.