42 USC 5422 - State enforcement

U.S Code last checked for updates: Nov 22, 2024

§ 5422.

State enforcement

(a)

Jurisdiction of State agency or court under State law

(b)

Assumption of responsibility for enforcement of Federal standards; submission of enforcement plan to Secretary

(c)

Criteria for approval of State plan by Secretary

The Secretary shall approve the plan submitted by a State under subsection (b), or any modification thereof, if such plan in his judgment—

(1)

designates a State agency or agencies as the agency or agencies responsible for administering the plan throughout the State;

(2)

provides for the enforcement of manufactured home safety and construction standards promulgated under section 5403 of this title;

(3)

provides for a right of entry and inspection of all factories, warehouses, or establishments in such State in which manufactured homes are manufactured and for the review of plans, in a manner which is identical to that provided in section 5413 of this title;

(4)

provides for the imposition of the civil and criminal penalties under section 5410 of this title;

(5)

provides for the notification and correction procedures under section 5414 of this title;

(6)

provides for the payment of inspection fees by manufacturers in amounts adequate to cover the costs of inspections;

(7)

contains satisfactory assurances that the State agency or agencies have or will have the legal authority and qualified personnel necessary for the enforcement of such standards;

(8)

give satisfactory assurances that such State will devote adequate funds to the administration and enforcement of such standards;

(9)

requires manufacturers, distributors, and retailers in such State to make reports to the Secretary in the same manner and to the same extent as if the State plan were not in effect;

(10)

provides that the State agency or agencies will make such reports to the Secretary in such form and containing such information as the Secretary shall from time to time require;

(11)

with respect to any State plan submitted on or after the expiration of the 5-year period beginning on December 27, 2000, provides for an installation program established by State law that meets the requirements of section 5404(c)(3) of this title;

(12)

with respect to any State plan submitted on or after the expiration of the 5-year period beginning on December 27, 2000, provides for a dispute resolution program for the timely resolution of disputes between manufacturers, retailers, and installers of manufactured homes regarding responsibility, and for the issuance of appropriate orders, for the correction or repair of defects in manufactured homes that are reported during the 1-year period beginning on the date of installation; and

(13)

complies with such other requirements as the Secretary may by regulation prescribe for the enforcement of this chapter.

(d)

Notice and hearing prior to rejection by Secretary of State plan

(e)

Discretionary enforcement by Secretary of standards in State having approved plan

(f)

Annual evaluation by Secretary of execution of State plan; basis of evaluation; submission of evaluation and data to Congress; determination by Secretary of improper administration, etc., of State plan; procedure; effect of determination

(g)

Enforcement of dispute resolution standards

(1)

Establishment of dispute resolution program

(2)

Implementation of dispute resolution program

(3)

Contracting out of implementation

(Pub. L. 93–383, title VI, § 623, Aug. 22, 1974, 88 Stat. 712; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III, § 339B(c), Aug. 13, 1981, 95 Stat. 417; Pub. L. 106–569, title VI, §§ 603(b)(5), 605(b), 610, Dec. 27, 2000, 114 Stat. 2999, 3008, 3011.)

cite as: 42 USC 5422