ORS 446.405
Complaint procedure
- inspections
- rules
- fees
- failure to obey order of department
(1)
If a manufactured dwelling or cabana is not installed in accordance with the rules adopted under ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) and 446.395 (License required) to 446.420 (License required to maintain action), the owner of the manufactured dwelling or cabana, at the time of installation, may, within one year of the completion date of such installation, file a written complaint with the Department of Consumer and Business Services. The department shall provide a copy of the complaint to the installer and shall also notify the dealer, if any, that arranged for such installation and may then investigate the complaint. If the department determines that the installation fails to comply with licensure requirements as provided by ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) and 446.395 (License required) to 446.420 (License required to maintain action) or the installation rules adopted by the Director of the Department of Consumer and Business Services, the department shall provide notice of such failure to the installer and shall order the installer to bring the installation into compliance.(2)
The director shall establish, by rule, fees and a procedure for inspection of manufactured dwellings and cabanas to carry out the provisions of this section.(3)
If the installer fails to bring the installation into compliance as ordered, the department may suspend or revoke the installer’s license as provided under ORS 455.129 (Additional grounds for denial, suspension, conditioning or revocation of license, certificate, registration or application).(4)
If the installer fails to bring the installation into compliance, the department shall order the dealer, if any, that arranged for such installation to bring the installation into compliance with the provisions of ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) and 446.395 (License required) to 446.420 (License required to maintain action) and the rules adopted under ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) and 446.395 (License required) to 446.420 (License required to maintain action). The dealer is responsible to bring only those installation activities into compliance that the dealer arranged. The dealer shall have 30 days from the date of the order to bring the installation into compliance. If the dealer fails to bring the installation into compliance within 30 days of the date of the order, the dealer shall be subject to civil penalties as provided by ORS 446.416 (Civil penalty for violation of ORS 446.395 to 446.420 or related rules).(5)
Hearings, penalties and appeals resulting from violation of this section shall be carried out in conformance with ORS 183.325 (Delegation of rulemaking authority to named officer or employee) to 183.497 (Awarding costs and attorney fees when finding for petitioner) and this section. [1989 c.683 §5; 1991 c.226 §14; 1993 c.744 §61; 2001 c.411 §14; 2005 c.758 §10; 2013 c.324 §5]
Source:
Section 446.405 — Complaint procedure; inspections; rules; fees; failure to obey order of department, https://www.oregonlegislature.gov/bills_laws/ors/ors446.html.
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