35304
Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Rules and Regulations
(1) Every 5 years after the state's most
in accordance with subpart D of part
approved in accordance with § 3282.305
recent certification as a qualified
3282 of this chapter, that a state
of this chapter.
(b) HUD review and action. (1) The
installation program; and
installation program fails to comply
Secretary will review the State
(2) Whenever there is a change to the
substantially with any provision of the
Installation Program Certification form
state's installation program or a change
installation program requirements or
submitted by a state and may request
in the HUD requirements applicable to
that the state program has become
that the state submit additional
qualifying installation programs such
inadequate, the Secretary will notify the
information as necessary. Unless the
that the state's installation program no
state of withdrawal of acceptance or
Secretary has contacted the state for
longer complies with the minimum
conditional acceptance of the state
additional information or has
requirements set forth in § 3286.803(b),
installation program. The HUD-
conditionally accepted or rejected the
regardless of when the state's next
administered installation program will
state installation program, the state
regular recertification of its installation
begin to operate in such state at such
installation program will be considered
program would be due.
time as the Secretary establishes in
(b) Due date of recertification. (1) A
to have been accepted by the Secretary
issuing the finding.
state's recertification required in
as a fully qualifying installation
§ 3286.811 Effect on other manufactured
paragraph (a) of this section must be
program as of the earlier of:
housing program requirements.
(i) Ninety days after the Secretary
filed within 90 days of, as applicable:
(i) The 5-year anniversary of the
receives the state's completed State
A state with a qualifying installation
effective date of the Secretary's
Installation Program Certification form;
program will operate in lieu of HUD
acceptance of the state's most recent
or
with respect to only the installation
(ii) The date that the Secretary issues
certification as a qualified installation
program established under subparts B
notification to the state of its full
program; and
through H of this part. No state may
(ii) The effective date of the state or
acceptance.
permit its installation program, even if
(2) A notice of full or conditional
HUD action that makes a significant
it is a qualified installation program
acceptance will include the effective
change to the state's installation
under this part, to supersede the
date of acceptance.
program.
requirements applicable to HUD's
(c) Rejection of state installation
(2) Upon petition by the state, the
Manufactured Housing Construction
program. (1) If the Secretary intends to
Secretary may for good cause grant an
and Safety Standards and enforcement
reject a state's installation program, the
extension of the deadline for
programs. Regardless of whether a state
Secretary will provide to the state an
recertification.
has a qualified installation program:
explanation of what is necessary to
(c) Failure to Recertify. (1) A state
(a) Construction and safety standards.
obtain full or conditional acceptance.
whose certification of its installation
Any responsibilities, rights, and
The state will be given 90 days from the
program, when the installation program
remedies applicable under the
date the Secretary provides such
is not part of the approved state plan in
Manufactured Home Construction and
explanation to submit a revised State
accordance with part 3282 of this
Safety Standards Act in part 3280 of this
Installation Program Certification form.
chapter, has been accepted by the
chapter and the Manufactured Home
(2) If the Secretary decides that any
Secretary is permitted to administer its
Procedural and Enforcement
revised State Installation Program
installation program in lieu of the HUD-
Regulations in part 3282 of this chapter
Certification form is inadequate, or if
administered installation program until
continue to apply as provided in those
the state fails to submit a revised form
the effective date of a notification by the
parts; and
within the 90-day period or otherwise
Secretary that the state's certification of
(b) Dispute resolution. For any defect
indicates that it does not intend to
its installation program is no longer
in a manufactured home that is reported
change its form, the Secretary will
approved.
during the one-year period beginning on
notify the state that its installation
(2) A state whose recertification of its
the date of installation defined in
program is not accepted.
installation program is rejected by the
(3) A state whose State Installation
§ 3286.115, any responsibilities, rights,
Secretary has a right to a presentation of
Program Certification form is rejected
and remedies applicable under the HUD
views on the rejection using the
has a right to a presentation of views on
dispute resolution program as
procedures set forth under subpart D of
the rejection using the procedures set
implemented in part 3288 of this
part 3282 of this chapter. The state's
forth under subpart D of part 3282 of
chapter continue to apply as provided
request for a presentation of views must
this chapter. The state's request for a
in that part.
be submitted to the Secretary within 60
presentation of views must be submitted
days after the Secretary has provided
§ 3286.813 Inclusion in state plan.
to the Secretary within 60 days after the
notification that the state's
Secretary has provided notification that
recertification of its installation program
If a state installation program is
the state's installation program has been
has been rejected.
included in a state plan approved in
rejected.
accordance with § 3282.302 of this
§ 3286.809 Withdrawal of qualifying
chapter, the state installation program is
§ 3286.807
Recertification required.
installation program status.
subject to all of the requirements for
(a) Recertification. To maintain its
(a) Voluntary withdrawal. Any state
such a state plan, including annual
status as a qualified installation program
that intends to withdraw from its
review by HUD.
when the installation program is not
responsibilities to administer a
Dated: June 5, 2008.
part of the approved state plan in
qualifying installation program should
Brian D. Montgomery,
accordance with part 3282 of this
provide the Secretary with a minimum
Assistant Secretary for Housing--Federal
chapter, a state must submit a new State
of 90 days notice.
Housing Commissioner.
Installation Program Certification form
(b) Involuntary withdrawal. Whenever
[FR Doc. E813289 Filed 61908; 8:45 am]
to the Secretary for review and action as
the Secretary finds, after affording
follows:
notice and an opportunity for a hearing
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