42 U.S.C. § 5422 : US Code - Section 5422: State enforcement

Search 42 U.S.C. § 5422 : US Code - Section 5422: State enforcement

(a) Jurisdiction of State agency or court under State law
Nothing in this chapter shall prevent any State agency or court
from asserting jurisdiction under State law over any manufactured
home construction or safety issue with respect to which no Federal
manufactured home construction and safety standard has been
established pursuant to the provisions of section 5403 of this
title.
(b) Assumption of responsibility for enforcement of Federal
standards; submission of enforcement plan to Secretary
Any State which, at any time, desires to assume responsibility
for enforcement of manufactured home safety and construction
standards relating to any issue with respect to which a Federal
standard has been established under section 5403 of this title,
shall submit to the Secretary a State plan for enforcement of such
standards.
(c) Criteria for approval of State plan by Secretary
The Secretary shall approve the plan submitted by a State under
subsection (b) of this section, 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
If the Secretary rejects a plan submitted under subsection (b) of
this section, he shall afford the State submitting the plan due
notice and opportunity for a hearing before so doing.
(e) Discretionary enforcement by Secretary of standards in State
having approved plan
After the Secretary approves a State plan submitted under
subsection (b) of this section, he may, but shall not be required
to, exercise his authority under this chapter with respect to
enforcement of manufactured home construction and safety standards
in the State involved.
(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
The Secretary shall, on the basis of reports submitted by the
designated State agency and his own inspections, make a continuing
evaluation of the manner in which each State having a plan approved
under this section is carrying out such plan. Such evaluation shall
be made by the Secretary at least annually for each State, and the
results of such evaluation and the inspection reports on which it
is based shall be promptly submitted to the appropriate committees
of the Congress. Whenever the Secretary finds, after affording due
notice and opportunity for a hearing, that in the administration of
the State plan there is a failure to comply substantially with any
provision of the State plan or that the State plan has become
inadequate, he shall notify the State agency or agencies of his
withdrawal of approval of such plan. Upon receipt of such notice by
such State agency or agencies such plan shall cease to be in
effect, but the State may retain jurisdiction in any case commenced
before the withdrawal of the plan in order to enforce manufactured
home standards under the plan whenever the issues involved do not
relate to the reasons for the withdrawal of the plan.
(g) Enforcement of dispute resolution standards
(1) Establishment of dispute resolution program
Not later than the expiration of the 5-year period beginning on
December 27, 2000, the Secretary shall establish a dispute
resolution program that meets the requirements of subsection
(c)(12) of this section for dispute resolution in each State
described in paragraph (2) of this subsection. The order
establishing the dispute resolution program shall be issued after
notice and opportunity for public comment in accordance with
section 553 of title 5.
(2) Implementation of dispute resolution program
Beginning on the expiration of the 5-year period described in
paragraph (1), the Secretary shall implement the dispute
resolution program established under paragraph (1) in each State
that has not established a dispute resolution program that meets
the requirements of subsection (c)(12) of this section.
(3) Contracting out of implementation
In carrying out paragraph (2), the Secretary may contract with
an appropriate agent to implement the dispute resolution program
established under paragraph (2), except that such agent shall not
be a person or entity other than a government, nor an affiliate
or subsidiary of such a person or entity, that has entered into a
contract with the Secretary to implement any other regulatory
program under this chapter.