§ 3282.412. Preliminary and final administrative determinations.
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/us/cfr/t24/s§ 3282.412·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Grounds for issuance of preliminary determination. The Secretary or, in accordance with § 3282.411, an SAA in the State of manufacture, may issue a Notice of Preliminary Determination when:
(1)The manufacturer has not provided to the Secretary or SAA the necessary information to make a determination that:
(i)A noncompliance, defect, serious defect, or imminent safety hazard possibly exists; or
(ii)A manufacturer had information that likely indicates a noncompliance, defect, serious defect, or imminent safety hazard for which the manufacturer failed to make the determinations required under § 3282.404;
(2)The Secretary or SAA has information that indicates a noncompliance, defect, serious defect, or imminent safety hazard possibly exists, and, in the case of the SAA, the SAA believes that:
(i)The affected manufactured home has been sold or otherwise released by a manufacturer to a retailer or distributor, but there is no completed sale of the home to a purchaser;
(ii)Based on the same factors that are established for a manufacturer's class determination in § 3282.404(b), the information indicates a class of homes in which a noncompliance or defect possibly exists; or
(iii)The information indicates one or more homes in which a serious defect or an imminent safety hazard possibly exists;
(3)The Secretary or SAA is reviewing a plan under § 3282.408 and the Secretary or SAA disagree with the manufacturer on proposed changes to the plan;
(4)The Secretary or SAA believes that the manufacturer has failed to fulfill the requirements of a waiver granted under § 3282.407(c); or
(5)There is information that a manufacturer failed to make the determinations required under § 3282.404.
(b)Additional requirements---SAA issuance.
(1)An SAA that receives information that indicates a serious defect or an imminent safety hazard possibly exists in a home manufactured in that SAA's State must notify the Secretary about that information.
(2)An SAA that issues a preliminary determination must provide a copy of the preliminary determination to the Secretary at the time of its issuance. Failure to comply with this requirement does not affect the validity of the preliminary determination.
(c)Additional requirements---Secretary issuance. The Secretary will notify the SAA of each State where the affected homes were manufactured, and, to the extent reasonable, the SAA of each State where the homes are located, of the issuance of a preliminary determination. Failure to comply with this requirement does not affect the validity of the preliminary determination.
(d)Notice of Preliminary Determination.
(1)The Notice of Preliminary Determination must be sent by certified mail or express delivery and must:
(i)Include the factual basis for the determination;
(ii)Include the criteria used to identify any class of homes in which the noncompliance, defect, serious defect, or imminent safety hazard possibly exists;
(iii)If applicable, indicate that the manufacturer may be required to make corrections on a home or in a class of homes; and
(iv)If the preliminary determination is that the manufacturer failed to make an initial determination required under § 3282.404(a), include an allegation that the manufacturer failed to act in good faith.
(2)The Notice of Preliminary Determination must inform the manufacturer that the preliminary determination will become final unless the manufacturer requests a hearing or presentation of views under subpart D of this part.
(e)Presentation of views.
(1)If a manufacturer elects to exercise its right to a hearing or presentation of views, the Secretary or the SAA, as applicable, must receive the manufacturer's request for a hearing or presentation of views:
(i)Within 15 days of delivery of the Notice of Preliminary Determination of serious defect, defect, or noncompliance; or
(ii)Within 5 days of delivery of the Notice of Preliminary Determination of imminent safety hazard.
(2)A Formal or an Informal Presentation of Views will be held in accordance with § 3282.152 promptly upon receipt of a manufacturer's request under paragraph
(c)of this section.
(f)Issuance of Final Determination.
(1)The SAA or the Secretary, as appropriate, may make a Final Determination that is based on the allegations in the preliminary determination and adverse to the manufacturer if:
(i)The manufacturer fails to respond to the Notice of Preliminary Determination within the time period established in paragraph (c)(2) of this section; or
(ii)The SAA or the Secretary decides that the views and evidence presented by the manufacturer or others are insufficient to rebut the preliminary determination.
(2)At the time that the SAA or Secretary makes a Final Determination that an imminent safety hazard, serious defect, defect, or noncompliance exists, the SAA or Secretary, as appropriate, must issue an order in accordance with § 3282.413.