Sec. 1201.407. DISAGREEMENT OF PARTIES; INFORMAL DISPUTE RESOLUTION PROCESS. (a) If a preliminary determination is disputed, the department shall conduct an informal dispute resolution process, including a home inspection if appropriate, to resolve the dispute.
(b) For a preliminary determination that has been disputed to become final and valid, the department shall make any changes the director determines to be appropriate and issue another written preliminary determination as to the responsibility and liability of the manufacturer, retailer, broker, and installer.
(c) Before making a final determination, the department shall allow a license holder 10 days to comment on this preliminary determination.
(d) After consideration of the comments, if any, the director shall issue a final determination.
(e) The final determination may be appealed to the board on or before the 10th day after the date of its issuance by giving written notice to the director, who shall place the matter before the board at the next meeting held on a date for which the matter could be publicly posted as required by Chapter 551, Government Code.
(f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 49, eff. January 1, 2008.
Structure Texas Statutes
Title 7 - Practices and Professions Related to Real Property and Housing
Subtitle C - Regulation of Certain Types of Housing and Buildings
Chapter 1201 - Manufactured Housing
Subchapter I. Manufactured Homeowner Consumer Claims Program
Section 1201.401. Manufactured Homeowner Consumer Claims Program
Section 1201.404. Consumer Compensation
Section 1201.405. Limitations on Claims
Section 1201.406. Procedure for Recovery Under Manufactured Homeowner Consumer Claims Program
Section 1201.407. Disagreement of Parties; Informal Dispute Resolution Process
Section 1201.409. Payment by Surety or From Other Security
Section 1201.410. Information on Recovery Under Manufactured Homeowner Consumer Claims Program