41-2189

41-2189. Funding and assessments

A. A dealer or broker of manufactured homes, mobile homes or factory-built buildings designed for use as residential dwellings shall pay, in addition to the license or renewal fee, a fee established by the board of not to exceed thirty dollars for each unit sold, for deposit into the consumer recovery fund. The fee is payable to the office by the fifteenth day of the month following the month in which the sale is consummated.

B. If the balance remaining in the consumer recovery fund is less than two hundred thousand dollars, a dealer or broker of manufactured homes, mobile homes or factory-built buildings designed for use as residential units shall, when renewing a license for the following calendar year, pay in addition to the renewal fee a fee of not to exceed fifty dollars for deposit into the fund. If the balance in the consumer recovery fund exceeds four hundred thousand dollars, the board may relieve licensees of the per unit fee.

C. Chapter 6 of this title does not apply to the setting of fees under this section.

D. An amount not to exceed seventy-five per cent of the previous fiscal year's interest earned on the consumer recovery fund may be expended by the director, with the approval of the board. The expenditure shall be used for consumer and licensee education in connection with the manufactured housing and factory-built building industry, and all monies up to a maximum of fifty thousand dollars remaining unexpended and unencumbered at the end of each fiscal year may be used for consumer and licensee education in succeeding fiscal years and do not revert to the consumer recovery fund.