North Carolina § 143-143 - 10. Manufactured Housing Board created; membership; terms; meetings.

§ 143-143. 10. Manufactured Housing Board created; membership; terms; meetings.

There is created the North Carolina Manufactured Housing Board within the Department. The Board shall be composed of 11 members as follows: The Commissioner of Insurance or the Commissioner's designee. A manufactured home manufacturer. A manufactured home dealer. A representative of the banking and finance industry. A representative of the insurance industry. A manufactured home supplier. A set-up contractor. Two representatives of the general public. A person who is employed with a HUD-approved housing counseling agency in the State. An accountant. In accordance with the provisions of this Part, the Board shall have the following powers and duties: To issue licenses to manufacturers, dealers, salespersons, and set-up contractors. To require that an adequate bond or other security be posted by all licensees, except manufactured housing salespersons. To receive and resolve complaints from buyers of manufactured homes and from persons in the manufactured housing industry, in connection with the warranty, warranty service, licensing requirements or any other provision under this Part. To adopt rules in accordance with Chapter 150B of the General Statutes as are necessary to carry out the provisions of this Part. To file against the bond posted by a licensee for warranty repairs and service on behalf of a buyer. To request that the Department of Public Safety conduct criminal history checks of applicants for licensure pursuant to G.S. 143B-944. To conduct random audits of dealer escrow or trust accounts. The Commissioner or the Commissioner's designee shall chair the Board. The Governor shall appoint to the Board the manufactured home manufacturer and the manufactured home dealer. The General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121 shall appoint to the Board the representative of the banking and finance industry, the employee of a HUD-approved housing counseling agency, and the representative of the insurance industry. The General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121 shall appoint to the Board the manufactured home supplier, the accountant, and the set-up contractor. The Commissioner shall appoint two representatives of the general public. Except for the representatives from the general public and the persons appointed by the General Assembly, each member of the Board shall be appointed by the appropriate appointing authority from a list of nominees submitted to the appropriate appointing authority by the Board of Directors of the North Carolina Manufactured and Modular Homebuilders Association. At least three nominations shall be submitted for each position on the Board. The members of the Board shall be residents of the State. The members of the Board shall serve for terms of three years. In the event of any vacancy of a position appointed by the Governor or Commissioner, the appropriate appointing authority shall appoint a replacement in the same manner as provided for the original appointment to serve the remainder of the unexpired term. Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122 . In the event of any vacancy, the appropriate appointing authority shall appoint a replacement to serve the remainder of the unexpired term. Such appointment shall be made in the same manner as provided for the original appointment. No member of the Board shall serve more than two consecutive, three-year terms. The members of the Board designated in subdivisions (8), (9), and (10) of this subsection shall have no current or previous financial interest connected with the manufactured housing industry. No member of the Board shall participate in any proceeding before the Board involving that member's own business. Each member of the Board, except the Commissioner and any other State employee, shall receive per diem and allowances as provided with respect to occupational licensing boards by G.S. 93B-5 . Fees collected by the Board under this Article shall be credited to the Insurance Regulatory Fund created under G.S. 58-6-25 . History (1981, c. 952, s. 2; 1983, c. 717, ss. 107-109, 114; 1987, c. 429, ss. 6, 7, 19, c. 827, s. 1; 1999-393, s. 1; 2002-144, s. 4; 2003-221, s. 1; 2003-400, s. 9; 2005-451, ss. 1, 3; 2011-330, s. 47(b); 2014-100, s. 17.1(jjj); 2018-120, s. 4.8.) Editor's Note. - Session Laws 2002-144, s. 4, effective July 1, 2002 and expiring on June 30, 2004, amended G.S. 143-10 by rewriting the last paragraph in subsection (a). The apparent intent was to amend the last paragraph of G.S. 143-143.10(a) . Session Laws 2003-221, s. 1, effective June 19, 2003, amended Session Laws 2002-144, s. 4, by substituting "G.S. 143-143.10(a)" for "G.S. 143-10(a)" in the introductory clause. Session Laws 2003-284, s. 22.2, effective July 1, 2004, amended Session Laws 2002-144 by changing the expiration date from June 30, 2003 to June 30, 2004. Effect of Amendments. - Session Laws 2002-144, s. 4, as amended by Session Laws 2003-221, s. 1, and by Session Laws 2003-284, s. 22.2, effective July 1, 2002 and expiring on June 30, 2004, rewrote (a). See Editor's note. Session Laws 2003-400, s. 9, effective January 1, 2004, added subdivision (b)(6). Session Laws 2005-451, s. 3, effective April 1, 2006, substituted "11" for "nine" in the first paragraph of subsection (a); substituted "the Commissioner's" for "his" in subdivision (a)(1); substituted "industry" for "business" in subdivision (a)(4); added subdivisions (a)(9) and (a)(10); in the second paragraph of subsection (a), substituted "the Commissioner's" for "his" in the first sentence, substituted "appoint to the Board ... counseling agency" for "appoint the representative of the banking and finance industry" in the third sentence, and substituted "appoint to the Board the manufactured home supplier, the accountant, and the set-up" for "appoint the manufactured home supplier and set-up" in the fourth sentence; substituted "members of the Board designated in subdivisions (8), (9), and (10) of this subsection shall have no current or previous" for "member of the Board representing the general public shall have no" in the fourth paragraph of subsection (a); and added subdivision (b)(7). Session Laws 2011-330, s. 47(b), effective June 27, 2011, rewrote the last paragraph. Session Laws 2014-100, s. 17.1(jjj), effective July 1, 2014, in subdivision (b)(6), substituted "Department of Public Safety" for "Department of Justice" and "G.S. 143B-944" for "G.S. 114-19.13." Session Laws 2018-120, s. 4.8, effective June 28, 2018, substituted "Manufactured and Modular Homebuilders Association" for "Manufactured Housing Institute" in the next to last sentence of the second paragraph of subsection (a).