Minn. Stat. § 327B.05

Current through 2024, c. 127

Section 327B.05 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES

Subdivision 1.Grounds.

In addition to the grounds in section 326B.082, subdivision 11, the commissioner may by order deny, suspend, limit, place conditions on, or revoke the application or license of any applicant or licensee or any of its directors, officers, limited or general partners, controlling shareholders, or affiliates for any of the following grounds:

(a) has violated any of the provisions of sections 327B.01 to 327B.12 or any rule or order issued by the commissioner or any prior law providing for the licensing of manufactured home dealers or manufacturers;

(b) has had a previous manufacturer or dealer license revoked in this or any other state;

(c) has engaged in acts or omissions which have been adjudicated or amount to a violation of any of the provisions of section 325D.44, 325F.67 or 325F.69;

(d) has sold or brokered the sale of a home containing a material violation of sections 327.31 to 327.35 about which the dealer knew or which should have been obvious to a reasonably prudent dealer;

(e) has failed to make or provide all listings, notices and reports required by the commissioner;

(f) has failed to pay a civil penalty assessed under subdivision 5 within ten days after the assessment becomes final;

(g) has failed to pay to the commissioner or other responsible government agency all taxes, fees and arrearages due;

(h) has failed to duly apply for license renewal;

(i) has violated any applicable manufactured home building or safety code;

(j) has failed or refused to honor any express or implied warranty as provided in section 327B.03;

(k) has failed to continuously occupy a permanent, established place of business licensed under section 327B.04;

(l) has, without first notifying the commissioner, sold a new and unused manufactured home other than the make of manufactured home described in a franchise or contract filed with the application for license or license renewal;

(m) has wrongfully failed to deliver a certificate of title to a person entitled to it;

(n) is insolvent or bankrupt;

(o) holds an impaired or canceled bond;

(p) has failed to notify the commissioner of bankruptcy proceedings within ten days after a petition in bankruptcy has been filed by or against the dealer or manufacturer;

(q) has, within the previous ten years, been convicted of a crime that either related directly to the business of the dealer or manufacturer or involved fraud, misrepresentation or misuse of funds;

(r) has suffered a judgment within the previous five years in a civil action involving fraud, misrepresentation or misuse of funds; or

(s) has failed to reasonably supervise any employee or agent of the dealer or manufacturer, resulting in injury or harm to the public.

The commissioner may establish rules pursuant to section 327B.10 further specifying, defining or establishing standards of conduct for manufactured home dealers and manufacturers.

Subd. 2.