44-2102 — ADMINISTRATION -- POWERS AND DUTIES


                                  TITLE  44
                                    LABOR
                                  CHAPTER 21
               MANUFACTURED HOME DEALER AND INSTALLER LICENSING
    44-2102.  ADMINISTRATION -- POWERS AND DUTIES. The administrator is
charged with the administration of the provisions of this chapter and shall:
    (1)  In accordance with the provisions of chapter 52, title 67, Idaho
Code, promulgate, adopt, amend, and repeal rules for the establishment of a
mandatory statewide manufactured home "setup" code. The administrator shall
also define and prohibit any practice which is found to be deceptive.
    (2)  Prescribe the form and content of a new manufactured home buyer's
information and disclosure form. Unless otherwise provided by the
administrator, the form shall be presented by manufactured home dealers to
each purchaser of a new manufactured home, and shall be executed by the dealer
and purchaser at the time the initial purchase order is signed for the sale of
a new manufactured home.
    (3)  (a) A used unit which has been determined to be or declared by the
    owner to be real property under the provisions of section 63-304, Idaho
    Code, may be offered for sale, listed, bought for resale, negotiated for,
    either directly or indirectly, by a licensed real estate broker or a real
    estate salesman representing a licensed broker, but not a manufactured
    home dealer or manufactured home salesman.
    (b)  A used unit which has been determined to be and is carried on the tax
    rolls as personal property may be offered for sale, listed, bought for
    resale, negotiated for, either directly or indirectly, by a licensed real
    estate broker or a real estate salesman, pursuant to chapter 20, title 54,
    Idaho Code, or by a licensed manufactured home dealer or manufactured home
    salesman, but with respect to a licensed manufactured home dealer or
    salesman only to the extent such sale does not involve the purchase or
    sale of an interest in real estate.
    (c)  A licensed real estate broker or real estate salesman representing a
    licensed broker pursuant to chapter 20, title 54, Idaho Code, may
    participate in new manufactured home sales that include real estate if the
    real estate broker or salesman has a valid, written agreement with a
    licensed manufactured home dealer to represent the interests of the
    manufactured home dealer in this type of transaction.
    (4)  Promulgate rules establishing a program for the timely resolution of
disputes between manufacturers, retailers and installers of manufactured
homes. The rules shall be consistent with the United States department of
housing and urban development's procedural and enforcement authority in 42
U.S.C. 5422(c)(12), and shall include identifying the respective
responsibilities of manufacturers, retailers and installers; providing for the
issuance of appropriate orders for the correction or repair of defects in
manufactured homes that are reported during the one (1) year period following
the date of installation; and may include an appropriate schedule of fees.