101.935(2)(c)2.2. The department shall establish, by rule under s. 101.19, the permit fee and renewal fee for a permit issued under this subsection. The department may establish a fee that defrays the cost of administering s. 101.937. An additional penalty fee, as established by the department by rule under s. 101.19, is required for each permit if the biennial renewal fee is not paid before the permit expires. 101.935(2)(d)(d) A permit may not be issued under this subsection until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the permit applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier’s check or other certified draft, money order or cash the fees to the department, late fees and processing charges that are specified by rules promulgated by the department. If the permit applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the permit is void. In an appeal concerning voiding of a permit under this paragraph, the burden is on the permit applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the manufactured home community in question is considered to be operation without a permit. 101.935(2)(e)(e) Section 97.615 (2), as it applies to an agent for the department of agriculture, trade and consumer protection in the administration of s. 97.67, applies to an agent for the department of safety and professional services in the administration of this section. 101.935(2m)(a)(a) The department shall inspect a manufactured home community in the following situations: 101.935(2m)(a)1.1. Upon completion of the construction of a manufactured home community. 101.935(2m)(a)2.2. Whenever a manufactured home community is modified, as defined by the department by rule. 101.935(2m)(a)3.3. Whenever the department receives a complaint about a manufactured home community. 101.935(2m)(b)(b) The department may, with notice, inspect a manufactured home community whenever the department determines an inspection is appropriate. 101.935(3)(3) The department may promulgate rules and issue orders to administer and enforce this section. 101.935 Cross-referenceCross-reference: See also ch. SPS 326, Wis. adm. code. 101.937101.937 Water and sewer service to manufactured home communities. 101.937(1)(1) Rules. The department shall promulgate rules that establish standards for providing water or sewer service by a manufactured home community operator or manufactured home community contractor to a manufactured home community occupant, including requirements for metering, billing, depositing, arranging deferred payment, installing service, refusing or discontinuing service, and resolving disputes with respect to service. Rules promulgated under this subsection shall ensure that any charge for water or sewer service is reasonable and not unjustly discriminatory, that the water or sewer service is reasonably adequate, and that any practice relating to providing the service is just and reasonable. 101.937(2)(2) Permanent improvements. A manufactured home community operator may make a reasonable recovery of capital costs for permanent improvements related to the provision of water or sewer service to manufactured home community occupants through ongoing rates for water or sewer service. 101.937(3)(a)(a) On its own motion or upon a complaint filed by a manufactured home community occupant, the department may issue an order or commence a civil action against a manufactured home community operator or manufactured home community contractor to enforce this section, any rule promulgated under sub. (1), or any order issued under this paragraph. 101.937(3)(b)(b) The department of justice, after consulting with the department, or any district attorney may commence an action in circuit court to enforce this section. 101.937(4)(4) Private cause of action. Any person suffering pecuniary loss because of a violation of any rule promulgated under sub. (1) or order issued under sub. (3) (a) may sue for damages and shall recover twice the amount of any pecuniary loss, together with costs, and, notwithstanding s. 814.04 (1), reasonable attorney fees. 101.937(5)(a)(a) Any person who violates any rule promulgated under sub. (1) or any order issued under sub. (3) (a) shall forfeit not less than $25 nor more than $5,000. Each violation and each day of violation constitutes a separate offense. 101.937(5)(b)(b) Any person who intentionally violates any rule promulgated under sub. (1) or order issued under sub. (3) (a) shall be fined not less than $25 nor more than $5,000 or imprisoned not more than one year in the county jail or both. Each violation and each day of violation constitutes a separate offense. 101.937 HistoryHistory: 2001 a. 16 ss. 2541, 3003 to 3007; 2005 a. 45. 101.94101.94 Manufactured home and mobile home manufacturers, distributors and dealers: design and construction of manufactured homes and mobile homes. 101.94(1)(1) Mobile homes manufactured, distributed, sold or offered for sale in this state shall conform to the code promulgated by the American national standards institute and identified as ANSI 119.1, including all revisions thereof in effect on August 28, 1973, and further revisions adopted by the department and the department of health services. The department may establish standards in addition to those required under ANSI 119.1. This subsection applies to units manufactured or assembled after January 1, 1974, and prior to June 15, 1976. 101.94(2)(2) No person may manufacture, assemble, distribute or sell a manufactured home unless the manufactured home complies with 42 USC 5401 to 5425 and applicable regulations. 101.94(7)(7) The department shall hear and decide petitions brought under this subchapter in the manner provided under s. 101.02 (6) (e) to (i) and (8) for petitions concerning property. 101.94(8)(a)(a) Except as provided in par. (c), a person who violates this subchapter, a rule promulgated under this subchapter or an order issued under this subchapter shall forfeit not more than $1,000 for each violation. Each violation of this subchapter constitutes a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required by this subchapter, except the maximum forfeiture under this subsection may not exceed $1,000,000 for a related series of violations occurring within one year of the first violation. 101.94(8)(b)(b) Any individual or a director, officer or agent of a corporation who knowingly and willfully violates this subchapter in a manner which threatens the health or safety of a purchaser may be fined not more than $10,000 or imprisoned for not more than 9 months or both. 101.94(8)(c)(c) A person who violates s. 101.935, a rule promulgated under s. 101.935 or an order issued under s. 101.935 may be required to forfeit not less than $10 nor more than $250 for each violation. Each day of continued violation constitutes a separate violation. 101.95101.95 Manufactured home manufacturers regulated. The department shall by rule prescribe the manner by which a manufacturer shall be licensed for the manufacture, distribution or selling of manufactured homes in this state, including fees for the licensing of manufacturers. 101.951101.951 Manufactured home dealers regulated. 101.951(1)(1) No person may engage in the business of selling manufactured homes to a consumer or to the retail market in this state unless first licensed to do so by the department as provided in this section. 101.951(2)(a)(a) Application for a license or a renewal license shall be made to the department on forms prescribed and furnished by the department, accompanied by the license fee required under par. (bm). 101.951(2)(b)1.1. The department shall, by rule, establish the license period under this section. 101.951(2)(b)2.2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section. 101.951(2)(bm)(bm) Fees for licensing of persons under this section shall be established by the department by rule under s. 101.19. 101.951(3)(3) The department shall issue a license only to a person whose character, fitness and financial ability, in the opinion of the department, are such as to justify the belief that the person can and will deal with and serve the buying public fairly and honestly, will maintain a permanent office and place of business in this state during the license year and will abide by all of the provisions of law and lawful orders of the department. 101.951(5)(5) A licensee shall conduct the licensed business continuously during the license year. 101.951(6)(6) The department may deny, suspend or revoke a license on any of the following grounds: 101.951(6)(b)(b) A material misstatement in the application for the license. 101.951(6)(c)(c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue. 101.951(6)(d)(d) Willful failure to comply with any provision of this section or any rule promulgated by the department under this section. 101.951(6)(e)(e) Willfully defrauding any retail buyer to the buyer’s damage. 101.951(6)(f)(f) Willful failure to perform any written agreement with any retail buyer. 101.951(6)(g)(g) Failure or refusal to furnish and keep in force any bond required. 101.951(6)(h)(h) Having made a fraudulent sale, transaction or repossession. 101.951(6)(i)(i) Fraudulent misrepresentation, circumvention or concealment, through any subterfuge or device, of any of the material particulars or the nature thereof required hereunder to be stated or furnished to the retail buyer. 101.951(6)(j)(j) Use of fraudulent devices, methods or practices in connection with compliance with the statutes with respect to the retaking of goods under retail installment contracts and the redemption and resale of such goods. 101.951(6)(k)(k) Having indulged in any unconscionable practice relating to the business of selling manufactured homes to a consumer or to the retail market. 101.951(6)(n)(n) Having violated any law relating to the sale, distribution or financing of manufactured homes. 101.951(7)(a)(a) The department of safety and professional services may, without notice, deny the application for a license within 60 days after receipt of the application by written notice to the applicant stating the grounds for the denial. Within 30 days after the date on which the written notice of denial is mailed to the applicant, the applicant may petition the department of administration to conduct a hearing to review the denial, and the department of administration shall schedule a hearing with reasonable promptness. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under s. 440.13. 101.951(7)(b)(b) No license may be suspended or revoked except after a hearing. The department of safety and professional services shall give the licensee at least 5 days’ notice of the time and place of the hearing. The order suspending or revoking a license is not effective until after 10 days’ written notice to the licensee, after the hearing has been had; except that the department of safety and professional services, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours’ notice of hearing and with not less than 24 hours’ notice of the suspension of the license. The department of administration shall hear and decide upon matters involving suspensions and revocations brought before the department of safety and professional services. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under s. 440.13. 101.951(7)(c)(c) The department of safety and professional services may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by such licensee so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of such costs in any court of competent jurisdiction. 101.951(8)(8) Any person who violates any provision of this section shall be fined not less than $25 nor more than $100 for each offense. 101.952101.952 Manufactured home salespersons regulated. 101.952(1)(1) No person may engage in the business of selling manufactured homes to a consumer or to the retail market in this state without a license therefor from the department. If a manufactured home dealer acts as a manufactured home salesperson the dealer shall secure a manufactured home salesperson’s license in addition to the license for engaging as a manufactured home dealer. 101.952(2)(a)(a) Applications for a manufactured home salesperson’s license and renewals thereof shall be made to the department on such forms as the department prescribes and furnishes and shall be accompanied by the license fee required under par. (bm). The application shall include the applicant’s social security number. In addition, the application shall require such pertinent information as the department requires. 101.952(2)(b)1.1. The department shall, by rule, establish the license period under this section. 101.952(2)(b)2.2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section. 101.952(2)(bm)(bm) Fees for licensing of manufactured home salespersons shall be established by the department by rule under s. 101.19. 101.952(3)(3) Every licensee shall carry his or her license when engaged in his or her business and display the same upon request. 101.952(5)(5) The provision of s. 218.0116 relating to the denial, suspension, and revocation of a motor vehicle salesperson’s license shall apply to the denial, suspension, and revocation of a manufactured home salesperson’s license so far as applicable, except that such provision does not apply to the denial, suspension, or revocation of a license under s. 440.13. 101.952(6)(6) The provisions of ss. 218.0116 (9) and 218.0152 shall apply to this section, manufactured home sales practices and the regulation of manufactured home salespersons, as far as applicable. 101.953101.953 Warranty and disclosure. 101.953(1)(1) A one-year written warranty is required for every new manufactured home sold, or leased to another, by a manufactured home manufacturer, manufactured home dealer or manufactured home salesperson in this state, and for every new manufactured home sold by any person who induces a resident of the state to enter into the transaction by personal solicitation in this state or by mail or telephone solicitation directed to the particular consumer in this state. The warranty shall contain all of the following: 101.953(1)(a)(a) A statement that the manufactured home meets those standards prescribed by law or administrative rule of the department of administration or of the department of safety and professional services that are in effect at the time of the manufacture of the manufactured home. 101.953(1)(b)(b) A statement that the manufactured home is free from defects in material and workmanship and is reasonably fit for human habitation if it receives reasonable care and maintenance as defined by rule of the department. 101.953(1)(c)1.1. A statement that the manufactured home manufacturer and manufactured home dealer shall take corrective action for defects that become evident within one year from the delivery date and as to which the manufactured home owner has given notice to the manufacturer or dealer not later than one year and 10 days after the delivery date and at the address set forth in the warranty; and that the manufactured home manufacturer and manufactured home dealer shall make the appropriate adjustments and repairs, within 30 days after notification of the defect, at the site of the manufactured home without charge to the manufactured home owner. If the manufactured home dealer makes the adjustment, the manufactured home manufacturer shall fully reimburse the dealer. 101.953(1)(c)2.2. If a repair, replacement, substitution or alteration is made under the warranty and it is discovered, before or after expiration of the warranty period, a statement that the repair, replacement, substitution or alteration has not restored the manufactured home to the condition in which it was warranted except for reasonable wear and tear, such failure shall be considered a violation of the warranty and the manufactured home shall be restored to the condition in which it was warranted to be at the time of the sale except for reasonable wear and tear, at no cost to the purchaser or the purchaser’s assignee notwithstanding that the additional repair may occur after the expiration of the warranty period. 101.953(1)(d)(d) A statement that if during any period of time after notification of a defect the manufactured home is uninhabitable, as defined by rule of the department, that period of time shall not be considered part of the one-year warranty period. 101.953(1)(e)(e) A list of all parts and equipment not covered by the warranty. 101.953(2)(2) Action by a lessee to enforce the lessee’s rights under this subchapter shall not be grounds for termination of the rental agreement. 101.953(3)(3) The warranty required under this section shall apply to the manufacturer of the manufactured home as well as to the manufactured home dealer who sells or leases the manufactured home to the consumer, and shall be in addition to any other rights and privileges that the consumer may have under any instrument or law. The waiver of any remedies under any law and the waiver, exclusion, modification or limitation of any warranty, express or implied, including the implied warranty of merchantability and fitness for a particular purpose, is expressly prohibited. Any such waiver is void. 101.953(4)(4) The transfer of a manufactured home from one manufactured home owner to another during the effective period of the warranty does not terminate the warranty, and subsequent manufactured home owners shall be entitled to the full protection of the warranty for the duration of the warranty period as if the original manufactured home owner had not transferred the manufactured home. 101.953 HistoryHistory: 1999 a. 9, 53, 185; 2011 a. 32.
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