S.C. Code Regs. § § 79-34

Current through Register Vol. 48, No. 10, October 25, 2024

Section 79-34 - State Administrative Agency (SAA) Handling of Consumer Complaints

The handling of consumer complaints under the State Administrative Agency Program (SAA) is separate and distinct from the handling of complaints under the State Licensing Program. All complaints concerning units constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (Act) shall be handled in compliance with Subpart I of the regulations established pursuant to that Act.

(1) Upon receipt of a consumer complaint or other information indicating the possible existence of a noncompliance, defect, serious defect, or imminent safety hazard, the Department will review the complaint or information and forward the complaint or other information to the manufacturer of the manufactured home in question. When it appears from the complaint or other information that more than one manufactured home may be involved, the complaint will simultaneously be forwarded to the United States Department of Housing and Urban Development (HUD) and to the SAA of the state where the manufactured home was manufactured.

(2) When the complaint is forwarded to the manufacturer, the manufacturer will be requested, in writing, to investigate the complaint within twenty (20) days after receipt of the information and carry out any necessary investigations and inspections to determine whether the manufacturer is responsible.

(3) When the manufacturer is physically located within this state the following additional procedures apply:

(a) Where the manufacturer has determined and reports that no imminent safety hazard, serious defect, defect or noncompliance exists and the Board is able to concur from all available information, the Board will consider the complaint closed for SAA purposes and so inform the manufacturer and complainants: however if the Board is unable to concur with the manufacturer's report, an SAA investigation will be made and a copy of the investigation will be sent to the manufacturer and complainants. If it is found that the manufacturer's report was correct, the Board will consider the matter closed.

(b) Where, upon investigation, the Board determines that an imminent safety hazard, serious defect, defect or noncompliance may exist, it will notify the manufacturer and request the manufacturer to take necessary action. Where the manufacturer does not take action after notification by the Board and it appears that an imminent safety hazard or serious defect may exist, the Board will inform the manufacturer of its opinion and simultaneously forward to HUD documentation of the factual basis upon which an opinion was made, for administrative determination by HUD, pursuant to 24 C.F.R., Section 3282.407(a). Where the manufacturer does not take action after notification by the Board and it appears that a defect or noncompliance may exist, the Board will so notify the manufacturer. The notice shall be sent to the manufacturer by certified mail and will include:

(1) The preliminary determination by the Board;

(2) The factorial basis for the determination;

(3) The identifying criteria of the manufactured homes to be affected;

(4) Notice to the manufacturer that a hearing or presentation of views may be requested pursuant to 24 C.F.R. Part 3282, Subpart D, to establish that there is no such defect or noncompliance;

(5) Notice to the manufacturer that the preliminary determination shall become final unless the manufacturer responds within fifteen (15) days after receipt of such notice and requests a hearing or presentation of views; and

(6) Notice to the manufacturer that any information upon which the determination has been based, such as test results, records of inspection, etc., shall be available for inspection by the manufacturer.

(c) Where the manufacturer requests a hearing or presentation of views, one shall be held pursuant to 24 C.F.R. Section 3282.152.

(d) Where the manufacturer fails to respond to the notice of preliminary determination or if the Board decides that the views and evidence presented by the manufacturer or others are insufficient to rebut the preliminary determination, the Board may make a final determination that a defect or noncompliance exists and will notify the manufacturer to make a notification and submit a plan in accordance with 24 C.F.R. Section 3282.409. Within ten (10) days after receipt of the notice of final determination, the manufacturer may appeal to the Secretary of the United States Department of Housing and Urban Development.

(e) The manufacturer's plan for notification and correction, including contents of notice, time for implementation and completion of actions and reports, shall be made in accordance with the provisions of 24 C.F.R. Section 3282.409 through 3282.413. When the manufactured home is in the hands of a distributor or retail dealer, it shall be handled in accordance with 24 C.F.R. Section 3282.414.

S.C. Code Regs. § 79-34

Added by State Register Volume 29, Issue No. 2, eff February 25, 2005.