Sec. 1210.5. Standards for certification as a retailer

(a) Financial responsibility requirements.

Except as otherwise provided in subdivision (d) or (e) of this section:

(1) a person or business entity applying for certification as a retailer must submit to the Department of State an acceptable deposit account control agreement evidencing a deposit account having a balance of not less than $25,000, an acceptable letter of credit in the sum of $25,000, or an acceptable surety bond in the principal amount of $25,000;

(2) such acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond may be submitted with the application for certification, or within a reasonable time after the applicant receives notification that the application has been approved; provided, however, that the certification shall not be issued until such acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond shall have been received by the Department of State; and

(3) a person or business entity certified by the Department of State as a retailer must maintain an acceptable deposit account control agreement (and the deposit account evidenced thereby), an acceptable letter of credit, or an acceptable surety bond in full force and effect:

(i) at all times while such certification is in effect;

(ii) at all times while such certification is suspended; and

(iii) at all times following the expiration or revocation of such certification until the expiration of the time during which any homeowner could file a complaint under section 1210.18 (Resolution of disputes) of this Part pertaining to any manufactured home manufactured, sold, installed, or serviced by such certificate holder, and, if any such complaint is filed, until such time such complaint is resolved. For the purpose of this paragraph, a complaint that results in the making of an article 21-B order or article 21-B judgment against the certificate holder shall not be deemed to be resolved until such article 21-B order or article 21-B judgment shall have been satisfied, and a complaint that is resolved at the administrative level in favor of such certificate holder shall not be deemed to be resolved until the time for taking an appeal therefrom shall have expired, with no such appeal having been filed.

(b) Experience requirements.

(1) A person applying for certification as a retailer must have at least one year of full-time employment in the manufactured home industry, or in an industry which in the judgment of the Department of State is substantially similar to the manufactured home industry.

(2) A business entity applying for certification as a retailer must employ:

(i) at least one person who satisfies the experience requirements set forth in paragraph (1) of this subdivision and who is certified by the Department of State as a retailer; or

(ii) at least one person who satisfies the experience requirements set forth in paragraph (1) of this subdivision and who is then applying for certification by the Department of State as a retailer (provided that in such case, the denial of such person's application for any reason shall be reason for the denial of the business entity's application).

(c) Education requirements.

(1) A person applying for certification as a retailer must be a high school graduate or the equivalent of a high school graduate.

(2) A business entity applying for certification as a retailer must employ:

(i) at least one person who satisfies the education requirements set forth in paragraph (1) of this subdivision and who is certified by the Department of State as a retailer; or

(ii) at least one person who satisfies the education requirements set forth in paragraph (1) of this subdivision and who is then applying for certification by the Department of State as a retailer (provided that in such case, the denial of such person's application for any reason shall be reason for the denial of the business entity's application).

(d) Limited certificate.

A person may apply for certification as a retailer without submitting the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond required under subdivision (a) of this section if such person is employed by a person who or a business entity which is certified as a retailer and such employer has provided an acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond in connection with such employer's certification as a retailer; provided, however, that no certification shall be issued to any person pursuant to this subdivision unless such person satisfies all other standards for certification as a retailer. An application filed pursuant to this subdivision shall satisfy the requirements set forth in section 1210.3(e) (Certification) of this Part and, in addition, shall indicate that applicant is applying for a limited certificate pursuant to this subdivision, shall identify the applicant's employer, and shall state that applicant's employer is certified as a retailer. Any certification issued to a person pursuant to this subdivision shall identify such person's employer, shall authorize such person to act as a retailer only within the scope of his or her employment by such employer, and shall cease to be valid if such employer ceases to be certified as a retailer, or if such person ceases to be employed by such employer.

(e) Multiple-category certifications.

A person or business entity certified as a manufacturer may apply for certification as a retailer without submitting the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond required under subdivision (a) of this section, provided that the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond provided by such person or business entity pursuant to section 1210.4(b) (Standards for certification as a manufacturer) indicates that such person or entity is certified as a manufacturer and as a retailer, and applies to all acts and omissions as a manufacturer and all acts and omissions as a retailer. No certification as a retailer shall be issued to any person or business entity pursuant to this subdivision unless such person or business entity satisfies all other standards for certification as a retailer.