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RULE §80.3Fees

(a) License Fees and Renewal Fees:

  (1) $850 for each manufacturer's plant license;

  (2) $550 for each retailer's sales license;

  (3) $350 for each broker's license;

  (4) $350 for each installer's license;

  (5) $200 for each salesperson's license; and

  (6) $25.00 for each reprint of a license.

(b) Installation Fees:

  (1) There is a reporting fee of $75 for the installation of a single section manufactured home and $25 for each additional section.

  (2) The reporting fee must be submitted to the Department with the completed Notice of Installation (Form T) no later than seven (7) days after which the installation is completed, but not later than three (3) days for installers with a provisional license.

  (3) Fee distributions to local governmental entities performing inspection functions pursuant to contract with the Department shall be made in accordance with Department procedures and the provisions of the contract.

(c) Seal Fee: Except for an application by a tax appraiser or a tax assessor-collector, for which there is no fee, there is a fee of $35 for the issuance of a Texas Seal for one manufactured home section. Any person who sells, exchanges, or offers for sale or exchange one or more sections of used HUD-Code manufactured homes manufactured after June 15, 1976, that do not each have a HUD label affixed, or one or more sections of a used mobile home manufactured prior to June 15, 1976, that do not each have a Texas Seal affixed shall file an Application for Statement of Ownership to the Department for a Texas Seal and issuance of an updated Statement of Ownership. The application shall be accompanied by the seal fee of $35 per section made payable to the Department.

(d) Education Fee:

  (1) Core Education Fee: Each attendee at the regularly offered course of initial instruction in the law and consumer protection regulations for license applicants shall be assessed a fee of $150. Subject to availability of staff, the Department may provide additional initial instruction courses upon request for a fee of $150 per attendee plus reimbursement to the Department for the actual costs of the training session and any related costs, such as travel, meal, and lodging.

  (2) Retailer Education Fee: $50 for each attendee.

  (3) Installer Education Fee: $50 for each attendee.

(e) There is a fee of $300 to process an application for a contract to be approved to provide a continuing education program under §1201.113 of the Standards Act.

(f) Industry Request. The manufacturer, retailer, or installer may request a consumer complaint home inspection. The request must be accompanied by the required fee of $150.00.

(g) There is a fee of $150 for the inspection of a manufactured home which is to be designated for residential use and is elected as personal property after having been designated as real property. The purpose of the inspection is to determine if the home is habitable. The fee must accompany a written request for inspection and must be submitted either prior to or in connection with the submission of an Application for Statement of Ownership.

(h) There is a fee of $200 for the plan review and inspection of a salvaged manufactured home which is to be rebuilt. The purpose of the inspection is to determine if the home is habitable as defined by §1201.453 of the Standards Act so that it may be designated for residential use.

  (1) The fee and required notification shall be submitted in accordance with §80.36 of this chapter (relating to Retailer's Rebuilding Responsibilities and Requirements).

  (2) The retailer shall also be charged for mileage and per diem incurred by Department personnel traveling to and from the location of the home.

  (3) The Department shall invoice the retailer for the charges incurred, and no Statement of Ownership shall be issued until all charges and fees have been paid.

(i) There is no fee for an initial inspection relating to a complaint. If a re-inspection is requested by a consumer or a licensee, a fee of $150 will be assessed against any licensee found, by final order, to have violated any warranty or any other requirements of the Standards Act or these rules made the subject of the complaint.

(j) There is a fee of $100 for the Department to go to a site and perform a field verification confirming a home's identity, location, identification numbers, or ownership.

(k) Fees Relating to Statements of Ownership. Each fee shall accompany the required documents delivered or mailed to the Department at its principal office in Austin.

  (1) A fee of $55 will be required for the issuance of a Statement of Ownership.

  (2) If a correction of a document is required as a result of a mistake by the Department, there is no fee for the issuance of corrected document. However, if the error was not made by the Department, a request for correction of the error must be made on a completed Application for Statement of Ownership and submitted to the Department along with the required fee of $55 and any necessary supporting documentation.

  (3) When multiple applications are submitted, the Form M set forth on the Department's website must be completed and attached to the front of the applications to identify each application and reconcile the fee for each application with the total amount of the payment. Failure to provide this form, properly completed, will delay the application's being deemed complete for processing.

  (4) A priority handling service may be offered by the Department for an additional fee of $55, for each review of an application, whether the application is complete or incomplete.

(l) Method of Payment.

  (1) All checks shall be made payable to the Texas Department of Housing and Community Affairs or TDHCA.

  (2) All fees for available electronic transactions may also be paid by credit card or ACH, if submitted through Texas Online.

(m) Loss of Check Writing Privileges. Any person who has more than one (1) time paid for anything requiring a fee under these rules with a check that is returned uncollectible, whether "NSF," closed account, refer to maker, or for any similar reason, is required to make all future payments, if any, by means of money order or cashier's check.

(n) The director may approve a refund of all or a portion of any fee collected if he or she makes a documented determination showing that:

  (1) The fee was for a service applied for in error based on incorrect advice from the Department;

  (2) The fee represented a duplicate payment for a service for which money had already been collected by the Department or a licensee; or

  (3) A refund is justified and warranted.

Source Note: The provisions of this §80.3 adopted to be effective December 30, 2007, 32 TexReg 8790; amended to be effective August 3, 2008, 33 TexReg 5297; amended to be effective December 20, 2009, 34 TexReg 8312; amended to be effective April 25, 2010, 35 TexReg 2550; amended to be effective November 6, 2011, 36 TexReg 6724; amended to be effective March 25, 2012, 37 TexReg 1307; amended to be effective November 23, 2014, 39 TexReg 8386; amended to be effective May 15, 2016, 41 TexReg 2743; amended to be effective January 7, 2018, 42 TexReg 6921

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