Licensure

01. Manufactured/Mobile Home Licensure. (7-1-24) a. Minimum Age Requirement. No license will be issued to a person under eighteen (18) years of age at the time of license application. (7-1-24) b. Designated License Holder. Any applicant for a license under who is not a natural person must designate a natural person to be license holder and represent the corporation, partnership, trust, society, club, association, or other organization for all licensing purposes under these rules including, but not limited to, testing and education. No issued licenses are transferable. (7-1-24) i. Any person represents one (1) applicant only, and must immediately notify the Division in writing if his working relationship with the applicant has been terminated. The license will be issued in the name of the designated license holder with the name of the organization he represents also noted on the license. The license holder is considered by the Division to be the licensee. (7-1-24) ii. The applicant agrees by acceptance of the designation that the designated person acts as agent of the applicant for all purposes under Title 44, Chapters 21 and 22, Idaho Code, and all rules promulgated thereunder. (7-1-24) iii. Any license issued to a manufactured/mobile home retailer must be posted in a conspicuous place on the business premises of the employer for whom the holder of the license is licensed. The license of a manufacturing facility or branch office must also be posted in a conspicuous place at the location licensed. (7-1-24) iv. To engage in business in the state of Idaho, each manufacturer must be licensed by the Division. (7-1-24) v. The Division requires as a condition of licensing any information it deems necessary for each location where a manufactured/mobile home retailer maintains a branch office. The use of a mobile home park or a state sales office by a licensee for the sale or offering for sale of manufactured/mobile homes constitutes the maintenance of a branch office.A retailer must obtain a license from the Division to operate the branch office. (7-1-24) vi. Applicants for a manufacturer's, retailers, or installer's license must furnish: Any proof the Division may deem necessary that the applicant is a manufacturer, retailer, or installer; any proof the Division may require that the applicant has a principal place of business; In the case of a retailer in new manufactured homes, an instrument in the form prescribed by the Division executed by or on behalf of the manufacturer certifying that the applicant is an authorized franchise retailer for the make concerned; The fee and proof of the bond required by Section 44-2103, Idaho Code; and Proof of passing the examination required by these rules, as applicable. (7-1-24) vii. Within thirty (30) days after receipt of a completed application, the Division will issue or deny the license. (7-1-24) viii. Each license is valid for a period of one (1) year from the date of issuance. (7-1-24) 02. Proof of Education Required. (7-1-24) a. Satisfactory Proof for Initial Application Submission. An application for a license as a manufactured/mobile home installer must include proof satisfactory to the Division that the applicant has completed the following number of hours of initial education in order to be approved: (7-1-24) IDAHO ADMINISTRATIVE CODE IDAPA 24.39.31 Div. of Occupational & Professional Licenses Rules for Factory Built Structures Section 300 Page 5 i. Installers and retailers who are installers: eight (8) hours. (7-1-24) ii. The course of initial education must be approved by the Division and must include information relating to the provisions of these rules, Title 44, Chapters 21, Idaho Code, and the National Manufactured Housing Construction and Safety Standards Act of 1974. (7-1-24) b. Satisfactory Proof for License Renewal. The Division will not renew any installer license, or retailer license of any retailer who is also an installer, issued pursuant to Title 44, Chapters 21 or 22, Idaho Code, or these rules until the licensee has submitted proof satisfactory to the Division that he has, during the three (3) years immediately preceding the renewal of the license, completed at least eight (8) hours of continuing education. (7-1-24) i. The course of continuing education must be approved by the Division and include information germane to the profession. (7-1-24) 03. Examination Of Applicant For License. (7-1-24) a. Required Examinations. The Division requires a written examination of each applicant for an initial license as a manufactured/mobile home retailer or installer. (7-1-24) b. Examination and Grade. No license will be issued unless an applicant receives a final grade of seventy percent (70%) or higher. (7-1-24) 101. -- 299. (RESERVED) 300. DISCIPLINARY ACTION AGAINST LICENSEES, CIVIL PENALTIES, AND CONSUMER COMPLAINT AND DISPUTE RESOLUTION. 01. The Division may deny, suspend, refuse to renew, or revoke any license or reissue the license subject to reasonable conditions upon any of the following grounds: (7-1-24) a. Failure to Provide Business Name. Failure to include in any advertising the name of the licensed retailer or installer. (7-1-24) b. Poor Workmanship. Performing workmanship which is grossly incompetent or repeatedly below the standards adopted by Title 44, Chapters 21 and 22, the provisions of these rules, or the National Manufactured Housing Construction and Safety Standards Act of 1974. (7-1-24) c. Failure to Honor Warranties. Failure to honor any warranty or other guarantee given by a licensee for construction, workmanship, or material as a condition of securing a contract, or of selling, leasing, reconstructing, improving, repairing, or installing any manufactured/mobile home. (7-1-24) d. Failure to Respond to Notice. Failure to respond to a notice served by the Division. (7-1-24) e. Failure to Permit Access to Documentary Materials. Failure or refusing to permit access by the Division to relevant documentary materials after being requested to do so by the Division. (7-1-24) f. Conviction of Misdemeanor. Conviction of a misdemeanor for violation of any of the provisions of Title 44, Chapters 21 or 22, Idaho Code. (7-1-24) g. Conviction of Felony. Conviction or withheld judgment for a felony in this state, any U.S. territory, or country. (7-1-24) h. Violation of Permit or Inspection Requirements. To knowingly violate any permit or inspection requirements of any city or county of this state. (7-1-24) IDAHO ADMINISTRATIVE CODE IDAPA 24.39.31 Div. of Occupational & Professional Licenses Rules for Factory Built Structures Section 300 Page 6 02. Modular Civil Penalties. The following acts subject the violator to penalties of not more than two hundred dollars ($200) for the first offense and not more than one thousand dollars ($1,000) for each offense thereafter: (7-1-24) a. Installation. Any person who installs a modular building on a building site in this state without first receiving approval and securing to the structure insignia evidencing such approval from the Division. (7-1-24) b. Modification. Any person who in any way modifies or alters a modular building prior to its initial occupancy which has previously been approved by the Division without first having received approval to do so from the Division. (7-1-24) 03. Manufactured Home Civil Penalties. Except as otherwise provided, the following acts subject the violator to penalties of not more than five hundred dollars ($500) for the first offense and not more than one thousand dollars ($1,000) for each offense thereafter: (7-1-24) a. Industry Licensing. Except as provided for by Section 44-2106, Idaho Code, any person who engages in the business of a manufacturer, retailer, or installer, as defined in Section 44-2101A, Idaho Code, without being duly licensed by the Division. (7-1-24) b. Deceptive Practice. Any retailer or installer who intentionally publishes or circulates any advertising that is misleading or inaccurate in any material respect or that misrepresents any of the products or services sold or provided by a manufacturer, retailer, or installer. (7-1-24) c. Dealing with Stolen Manufactured or Mobile Homes. Any person who knowingly purchases, sells, or otherwise acquires or disposes of a stolen manufactured or mobile home is subject to a civil penalty of not more than one thousand dollars ($1,000). (7-1-24) d. Failure to Maintain a Principal Place of Business. Any person who is a retailer duly licensed by the Division and who fails to maintain a principal place of business within Idaho. (7-1-24) e. Violation of Rules and Statutes. Any person who knowingly violates these rules or Title 44, Chapters 21 or 22, Idaho Code. (7-1-24) f. Gross Violation. In case of continued, repeated, or gross violations of these rules, a license revocation may be initiated for licensed individuals under Title 44, Chapter 21, Idaho Code. Non-licensed individuals are subject to prosecution by the appropriate jurisdiction under Idaho law. (7-1-24) 04. Consumer Complaints and Dispute Resolution. (7-1-24) a. Site Inspection. The Division may perform a site inspection, based on the nature of a complaint or upon request of the complainant in accordance with HUD. (7-1-24) b. Fees. A charge for mileage to and from the inspection site, plus an hourly charge for the time spent conducting the inspection, is assessed the manufacturer, installer, or retailer if a site inspection is made upon a request by the manufacturer, installer, or retailer, and does not involve a serious defect or imminent safety hazard. (7-1-24) c. Inspection Report. Following a site inspection, the inspector will prepare a final report and include photographs. (7-1-24) d. Action. A notification letter and copies of the complaint form and investigation findings may be provided to all involved parties and HUD. (7-1-24) i. Any Division action, notification and follow-up are completed according to HUD guidelines. (7-1-24) ii. If the nature of the complaint pertains to retailer contractual issues or installation problems, a copy of the complaint is to be consolidated with the appropriate Division license files. (7-1-24) IDAHO ADMINISTRATIVE CODE IDAPA 24.39.31 Div. of Occupational & Professional Licenses Rules for Factory Built Structures Section 400 Page 7 iii. A Division building inspector will issue a report concerning correction or repair of defects that are a matter of dispute between the homeowner, retailer, installer, or manufacturer. The report will include the likely cause of the defect and identify the party responsible for creating the defect that is in need of correction or repair. (7-1-24) e. Decisions. The Administrator will review the inspector’s report and set forth the required corrective action and identify the party responsible for such action. The Administrator may initiate a contested case proceeding if, in his sole discretion, he determines that such a proceeding or further investigation would be of assistance in reaching a decision. The decision must direct the responsible party to complete the required corrective action within specified timelines and consider the needs of the involved parties including, but not limited to, safety, anticipated expense and availability of funds, time of year, and convenience to the parties. (7-1-24) f. Appeals. Decisions of the administrator are final orders for purposes of appeal. (7-1-24) g. Informal Disposition -- Arbitration -- Mediation. Unless otherwise prohibited by other provisions of law, informal disposition may be made of any complaint by negotiation, stipulation, agreed settlement, and consent order. The parties may agree to enter into binding arbitration or mediation. Informal settlement of matters is to be encouraged. (7-1-24) 301. -- 399. (RESERVED)