§ 32-7A-4.2 Grounds for denial of license or application of §§ 32-7A-4.3 to 32-7A-4.8.

SD Codified L § 32-7A-4.2 (2019) (N/A)
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32-7A-4.2. Grounds for denial of license or application of §§ 32-7A-4.3 to 32-7A-4.8. The department may deny any application or apply the provisions of §§ 32-7A-4.3 to 32-7A-4.8, inclusive, on any license issued under the provisions of this chapter, for any of the following:

(1) Commission of fraud or willful misrepresentation in the application for or in obtaining a license;

(2) A previous manufacturer or dealer license revocation in this or any other state;

(3) A violation of any law of this state which relates to dealing in manufactured homes or mobile homes;

(4) Failure to comply with any administrative rule promulgated by the department;

(5) Perpetration of a fraud upon any person as a result of dealing in manufactured homes or mobile homes;

(6) Failure to allow department inspections, including initial and annual inspections, complaint investigations and necessary follow-up inspections;

(7) Misrepresentation through false, deceptive, or misleading statements with regard to the sale or financing of manufactured homes or mobile homes which a dealer has, or causes to have, advertised, printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale or financing of manufactured homes or mobile homes;

(8) Refusal to comply with a licensee's responsibility under the terms of the new manufactured home or mobile home warranty issued by its respective manufacturer, unless such refusal is at the direction of the manufacturer;

(9) Failure to comply with the terms of any bona fide written, executed agreement pursuant to the sale of a manufactured home or mobile home;

(10) Violation by the dealer of any applicable manufactured home building or safety code;

(11) Failure to continuously occupy a principal place of business licensed under § 32-7A-2;

(12) Failure to deliver the manufacturer's statement of origin to the county treasurer or the certificate of title to a person entitled to it within forty-five days after date of delivery;

(13) Conviction within the previous five years, of a crime that related directly to the business of the dealer or manufacturer involving fraud, misrepresentation or misuse of funds;

(14) Inability to obtain or renew a surety bond; or

(15) Misuse of the dealers' metal plates and lending for use on mobile homes or manufactured homes not owned by the manufacturer or dealer.Source: SL 1986, ch 251, § 8; SL 1999, ch 45, § 6; SL 2002, ch 148, § 6; SL 2005, ch 162, § 27; SL 2016, ch 154, § 9.