Okla. Admin. Code § 765:36-7-1

Current through Vol. 41, No. 19, June 17, 2024

Section 765:36-7-1 - Grounds for assessment of fines or denial, suspension, or revocation

(a)Grounds. The Commission may assess a fine or deny an application for a license, or revoke or suspend a license after it has been granted for any of the reasons listed in 47 O.S. Sections 584(A)(1) through (5) or for violation of any statute or regulation relating to the sale or transfer of a manufactured home.

(b)Rules violations. In addition to the grounds set forth in subparagraph (a) above, it shall be grounds for assessment of fines or denial, revocation or suspension of a license if the manufacturer:

(1) Defrauds any dealer or retail buyer;

(2)Fails to perform under the terms of any written agreement with any dealer or retail buyer;

(3)Knowingly engages in false or misleading advertising;

(4) Being a manufactured home manufacturer or any representative acting on the manufacturer's behalf, who has:

(A) Without just cause has terminated or failed to renew a manufactured home sales agreement with any new manufactured home dealer. Just cause for termination may constitute any legitimate business reason and may be specifically set forth in the manufactured home sales agreement.

(B) Unfairly, without due regard to the equities of the dealer, and without just provocation, canceled, terminated or failed to renew a manufactured home sales agreement with any new manufactured home dealer;

(C) Induced, or has attempted to induce, by coercion, intimidation or discrimination, any dealer to involuntarily enter into any manufactured home sales agreement with such manufacturer, or any representative thereof, or to do any other act to a dealer which may be deemed a violation of the act, or the rules and regulations adopted or orders promulgated under authority of this act, by threatening to cancel or not renew a manufactured home sales agreement existing between two parties.

(D) Being a manufactured home manufacturer who fails to supply a new manufactured home dealer with a reasonable quantity of new manufactured homes, parts and accessories, in accordance with the manufactured home sales agreement. It shall not be deemed a violation of the act, if such failure is attributable to factors reasonably beyond the control of such manufacturer.

Okla. Admin. Code § 765:36-7-1

Added at 17 Ok Reg 2724, eff 6-25-00; Amended at 23 Ok Reg 2897, eff 6-25-06