§ 58-56-16. Registration of dealers -- Bonding requirements -- Renewal -- Exemptions -- Discipline.

(1) Each person engaged in the sale of factory built housing in the state, except as provided in Subsection (4), shall register with the division as a dealer.

(2) Each applicant for registration under this section shall:

(a) submit an application in a form prescribed by the division;

(b) pay a fee determined by the department under Section 63J-1-504; and

(c) provide the division with a registration bond in accordance with rules established by the division.

(3)

(a) The division shall issue each registration under this section in accordance with a two-year renewal cycle established by rule.

(b) The division may by rule extend or shorten a renewal cycle by as much as one year to stagger the renewal cycles it administers.

(c) Each registration under this section automatically expires on the expiration date on the certificate of registration unless the registrant renews it in accordance with Section 58-1-308.

(4) Subsection (1) does not apply to:

(a) a person not regularly engaged in the sale of factory built housing who is selling a unit the person owns for the person's own account;

(b) a principal broker licensed under Title 61, Chapter 2f, Real Estate Licensing and Practices Act; or

(c) a sales agent or associate broker licensed under Title 61, Chapter 2f, Real Estate Licensing and Practices Act, who sells factory built housing as an agent for, and under the supervision of, the principal broker with whom the sales agent or associate broker is affiliated.

(5) Grounds for refusing to issue a registration, for refusing to renew a registration, for revoking, suspending, restricting, or placing on probation a registration, for issuing a public or private reprimand to a registrant, and for issuing a cease and desist order shall be in accordance with Section 58-1-401.

Amended by Chapter 379, 2010 General Session