| (a) The Director, before authorizing any party performing
warranty work or providing other goods or services that are to be
reimbursed from the Manufactured Homeowner Consumer Claims Program
(the "Claims Program") to proceed, will require that an estimate be
submitted on the form set forth on the Department's website properly
completed and executed.
(b) Re-assigned warranty work required by the Director
to be performed shall, unless extended for good cause or provided
otherwise in the order, be performed within thirty (30) days or such
other time as the director may by order specify:
(1) evidence that re-assigned warranty work was performed
shall, unless extended for good cause, be supplied to the Department
within ten (10) days of completion; and
(2) all warranty work or other work to be reimbursed
from the Claims Program, once completed, is subject to being re-inspected.
(c) An order re-assigning warranty work and designating
the party responsible for the re-assigned warranty work as a "consumer"
under §1201.358(d) of the Standards Act becomes final if not
appealed within thirty (30) days.
(d) Failure to provide a required estimate in connection
with an order to perform re-assigned warranty work, once that order
has become final, may serve as grounds for an administrative action
against the licensee.
(e) When a consumer has a covered claim against a licensee
and the licensee has not satisfied the claim, the Department shall
take appropriate steps to make sure that the claim is proper, meeting
all requirements of laws and rules, and that all reasonable steps
to satisfy the claim have been exhausted. If the damages arose as
a result of a violation of the Texas Deceptive Trade Practice- Consumer
Protection Act, the specific violation must be adequately documented.
Acceptable documentation would include a court order finding that
such a violation had occurred or the establishing of confirmed facts
that would specifically constitute such a violation, along with proof
that the court order could not be satisfied. The specific violation
must relate directly to the manufactured home or the sale transaction
regarding the manufactured home.
(f) Once a payment is made from the Claims Program,
the Department shall file a claim under the bond of or deduct the
amount paid from other security provided by the party primarily responsible
for the unsatisfied claim.
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