700.100. Refusal to renew, grounds, notification to applicant, contents--complaints may be considered.
Refusal to renew, grounds, notification to applicant,contents--complaints may be considered.
700.100. 1. The commission may refuse to register or refuse to renewthe registration of any person who fails to comply with the provisions ofsections 700.010 to 700.115. Notification of unfavorable action by thecommission on any application for registration or renewal of registrationmust be delivered to the applicant within thirty days from date it isreceived by the commission. Notification of unfavorable action by thecommission on any application for registration or renewal of registrationmust be accompanied by a notice informing the recipient that the decisionof the commission may be appealed as provided in chapter 386, RSMo.
2. The commission may consider a complaint filed with it charging aregistered manufacturer or dealer with a violation of the provisions ofthis section, which charges, if proven, shall constitute grounds forrevocation or suspension of his registration, or the placing of theregistered manufacturer or dealer on probation.
3. The following specifications shall constitute grounds for thesuspension, revocation or placing on probation of a manufacturer's ordealer's registration:
(1) If required, failure to comply with the provisions of section301.280, RSMo;
(2) Failing to be in compliance with the provisions of section700.090;
(3) If a corporation, failing to file all franchise or sales taxforms required by Missouri law;
(4) Engaging in any conduct which constitutes a violation of theprovisions of section 407.020, RSMo;
(5) Failing to comply with the provisions of Sections 2301-2312 ofTitle 15 of the United States Code (Magnuson-Moss Warranty Act);
(6) As a dealer, failing to arrange for the proper initial setup ofany new manufactured home or modular unit sold from or in the state ofMissouri, except as allowed under subsection 5 of section 700.656; thedealer shall receive a written waiver of that service from the purchaser orhis or her authorized agent;
(7) Requiring any person to purchase any type of insurance from thatmanufacturer or dealer as a condition to his being sold any manufacturedhome or modular unit;
(8) Requiring any person to arrange financing or utilize the servicesof any particular financing service as a condition to his being sold anymanufactured home or modular unit; provided, however, the registeredmanufacturer or dealer may reserve the right to establish reasonableconditions for the approval of any financing source;
(9) Engaging in conduct in violation of section 700.045;
(10) Failing to comply with the provisions of section 301.210, RSMo;
(11) Failing to pay all necessary fees and assessments authorizedpursuant to sections 700.010 to 700.115.
4. The commission may order that any suspension, revocation, orprobation ordered under subsection 3 of this section shall apply to allmanufacturer's or dealer's registrations that are held by the samemanufacturer or dealer or that are owned or controlled by the same personor persons if a continued and consistent pattern of the violations havebeen identified by the commission to be present with each licensee underthe same control or ownership.
(L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648, A.L. 1999 S.B. 19, A.L. 2001 S.B. 317, A.L. 2008 S.B. 788)