W. Va. Code R. § 42-19-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 42-19-4 - Licensure of Manufacturers

4.1. No person may engage in the business of a manufacturer in this state without a license. Each manufacturer who desires to engage in business in this state shall apply to the Board for a license. A manufacturer shall maintain one license for each business location in this state. A manufacturer who maintains all of its business locations out of this state, but who ships, imports, or delivers manufactured homes into this state, and is considered to be engaged in business in this state, shall maintain one license for each out-of-state business location which will ship, import, or deliver manufactured homes into this state.

4.2. A manufacturer's license is valid for up to one year and expires on June 30 of each year, unless sooner revoked or suspended by the Board.

4.3. Any manufacturer who desires to be licensed shall submit an initial application on forms supplied by the Board. Each application shall be accompanied by a fee of $750 for each business location the manufacturer desires to license and shall contain all information required by the Board, including, but not limited to:

4.3.1. The legal and trade name of the manufacturer;

4.3.2. The address of each business location the manufacturer desires to license;

4.3.3. The phone number of each business location the manufacturer desires to license;

4.3.4. The names and addresses of the owners, officers, and directors of the manufacturer;

4.3.5. Evidence of the manufacturer's legal authority to engage in business in this state;

4.3.6. Proof of payment to the Recovery Fund as specified in section 15 of this rule;

4.3.7. A notarized affidavit stating compliance with all applicable federal standards, provisions of the Act, and rules of the Board signed by a responsible officer or person with full legal authority to bind the applicant to its terms;

4.3.8. The name of the DAPIA or DAPIAs who inspect the manufacturer;

4.3.9. The name of the IPIA or IPIAs who inspect the manufacturer;

4.3.10. A copy of all DAPIA-approved manufactured home designs currently in use;

4.3.11. A copy of all DAPIA-approved quality assurance programs currently in use;

4.3.12. A copy of all manufacturing plant certification reports issued by an IPIA in the past 12 months; and

4.3.13. A list of the names of all dealers and/or distributors in this state that are authorized to receive the manufacturer's product line.

4.4. Any manufacturer currently licensed in this state shall submit an application for licensure renewal on or before June 30 of each year. Any renewal application is a valid license for a period of 30 days, unless sooner rejected by the Board. The application shall be accompanied by a renewal fee of $750 and shall contain all information required by the Board as specified in 4.3 of this section.

4.5. The Board shall grant or refuse any initial or renewal application for a manufacturer's license within 30 days after a proper and complete application has been filed. If any application is found by the Board to not constitute a proper and complete application, the Board may request additional information.

4.6. The Board shall grant an initial or renewal manufacturer's license if the manufacturer sufficiently demonstrates each of the following:

4.6.1. The manufacturer's adequate financial capacity;

4.6.2. The manufacturer's record of compliance with any lawful orders of the Board or other equivalent agency for any other jurisdiction, including the lack of revocation, suspension, or limitation on the manufacturer's license in this state or other jurisdiction; and

4.6.3. The manufacturer's compliance with all applicable federal standards, including receipt of all DAPIA and IPIA approvals and certifications, all applicable provisions of the Act, and rules of the Board.

4.7. The Board may grant initial and renewal licenses for manufacturers for some business locations and deny them for others if the facts justify that action.

4.8. Each manufacturer shall conspicuously display its license at each of its licensed business locations and the license number shall be included in all advertisements.

4.9. A manufacturer's license is not transferable. Any change in the person holding the license, including a change in the ownership of a sole proprietorship, a change of a partner in a partnership, or the creation of a new corporate or other business entity, requires a new license.

W. Va. Code R. § 42-19-4