South Carolina Code of Regulations › Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- MANUFACTURED HOUSING BOARD › Section 79-34 - State Administrative Agency (SAA) Handling of Consumer Complaints

Current through Register Vol. 48, No. 6, June 28, 2024
The handling of consumer complaints under the State
			 Administrative Agency Program (SAA) is separate and distinct from the handling
			 of complaints under the State Licensing Program. All complaints concerning
			 units constructed in compliance with the National Manufactured Housing
			 Construction and Safety Standards Act of 1974 (Act) shall be handled in
			 compliance with Subpart I of the regulations established pursuant to that
			 Act.
(1) Upon receipt of a consumer
		  complaint or other information indicating the possible existence of a
		  noncompliance, defect, serious defect, or imminent safety hazard, the
		  Department will review the complaint or information and forward the complaint
		  or other information to the manufacturer of the manufactured home in question.
		  When it appears from the complaint or other information that more than one
		  manufactured home may be involved, the complaint will simultaneously be
		  forwarded to the United States Department of Housing and Urban Development
		  (HUD) and to the SAA of the state where the manufactured home was
		  manufactured.
(2) When the
		  complaint is forwarded to the manufacturer, the manufacturer will be requested,
		  in writing, to investigate the complaint within twenty (20) days after receipt
		  of the information and carry out any necessary investigations and inspections
		  to determine whether the manufacturer is responsible.
(3) When the manufacturer is physically
		  located within this state the following additional procedures apply:
(a) Where the manufacturer has determined and
		  reports that no imminent safety hazard, serious defect, defect or noncompliance
		  exists and the Board is able to concur from all available information, the
		  Board will consider the complaint closed for SAA purposes and so inform the
		  manufacturer and complainants: however if the Board is unable to concur with
		  the manufacturer's report, an SAA investigation will be made and a copy of the
		  investigation will be sent to the manufacturer and complainants. If it is found
		  that the manufacturer's report was correct, the Board will consider the matter
		  closed.
(b) Where, upon
		  investigation, the Board determines that an imminent safety hazard, serious
		  defect, defect or noncompliance may exist, it will notify the manufacturer and
		  request the manufacturer to take necessary action. Where the manufacturer does
		  not take action after notification by the Board and it appears that an imminent
		  safety hazard or serious defect may exist, the Board will inform the
		  manufacturer of its opinion and simultaneously forward to HUD documentation of
		  the factual basis upon which an opinion was made, for administrative
		  determination by HUD, pursuant to 24 C.F.R., Section 3282.407(a). Where the
		  manufacturer does not take action after notification by the Board and it
		  appears that a defect or noncompliance may exist, the Board will so notify the
		  manufacturer. The notice shall be sent to the manufacturer by certified mail
		  and will include:
(1) The preliminary
		  determination by the Board;
(2) The
		  factorial basis for the determination;
(3) The identifying criteria of the
		  manufactured homes to be affected;
(4) Notice to the manufacturer that a hearing
		  or presentation of views may be requested pursuant to 24 C.F.R. Part 3282,
		  Subpart D, to establish that there is no such defect or
		  noncompliance;
(5) Notice to the
		  manufacturer that the preliminary determination shall become final unless the
		  manufacturer responds within fifteen (15) days after receipt of such notice and
		  requests a hearing or presentation of views; and
(6) Notice to the manufacturer that any
		  information upon which the determination has been based, such as test results,
		  records of inspection, etc., shall be available for inspection by the
		  manufacturer.
(c) Where
		  the manufacturer requests a hearing or presentation of views, one shall be held
		  pursuant to 24 C.F.R. Section 3282.152.
(d) Where the manufacturer fails to respond
		  to the notice of preliminary determination or if the Board decides that the
		  views and evidence presented by the manufacturer or others are insufficient to
		  rebut the preliminary determination, the Board may make a final determination
		  that a defect or noncompliance exists and will notify the manufacturer to make
		  a notification and submit a plan in accordance with 24 C.F.R. Section 3282.409.
		  Within ten (10) days after receipt of the notice of final determination, the
		  manufacturer may appeal to the Secretary of the United States Department of
		  Housing and Urban Development.
(e)
		  The manufacturer's plan for notification and correction, including contents of
		  notice, time for implementation and completion of actions and reports, shall be
		  made in accordance with the provisions of 24 C.F.R. Section 3282.409 through
		  3282.413. When the manufactured home is in the hands of a distributor or retail
		  dealer, it shall be handled in accordance with 24 C.F.R. Section
		  3282.414.