58-4224. Same; remedy of homeowner for noncompliance with installation standards; procedure; inspection; order of president; bearing.
58-4224
58-4224. Same; remedy of homeowner for noncompliancewith installation standards; procedure; inspection; order ofpresident; bearing.(a) If the owner of a manufactured home which is installedon or after July 1, 2006, believes that the manufactured home is not incompliance with the installation standards or the federal act, the owner mayfilewithin the one-year period of completion of installationan application with the corporation for an inspection of the manufacturedhome by a qualified inspector. The application shall be submitted on a formprescribed by the corporation and shall be accompanied by a nonrefundableapplication fee of $100. Upon receipt of the application and fee, the presidentshall designate a qualified inspector to conduct an inspection of themanufactured home, to determine the validity of the owner's complaint, and thepresident, within three days thereafter, shall give to all parties involved inthe dispute, written notice of the filing of the owner's application and thedesignation of the qualified inspector.
(b) The corporation shall adopt such rules and regulations as may benecessaryto provide for the inspection of a manufactured home pursuant to this sectionand to otherwise provide for the implementation of this section.
(c) All parties involved in the dispute shall be given an opportunity to bepresent during the inspection of the home. At the completion of the inspection,the inspector shall prepare a written report of the inspector's findings ofdefects, if any. The report shall be submitted to the president, and copies ofthe report shall be given at the same time to all parties involved in thedispute. Within 10 days of receipt of the inspector's report, any partyinvolved in the dispute may file with the president written objections to theinspector's report. A copy of any party's written objections shall, at the sametime, be provided to the other parties.
(d) Upon review of the inspector's report, together with any writtenstatement of objections filed by any of the parties, the president shall issuean order directing the action, if any, to be taken by the parties involved.The order shall assess the costs of the inspection to the nonprevailing partyor parties. If no party prevails on all issues, the president shall assess thecosts to the parties in such proportion as the president deems just andequitable.
(e) Any party aggrieved by the president's order may file a written requestfor a hearing within 10 days of the date of the order. The hearing shall beconducted and any action taken by the president or the president's designeepursuant to the hearing shall be in accordance with the provisions of theKansas administrative procedure act.
History: L. 2005, ch. 109, § 10; Apr. 21.