Okla. Stat. tit. 47, § 47-582

Housing Commission.

A. There is hereby created the Oklahoma Used Motor Vehicle,

Dismantler, and Manufactured Housing Commission, to be composed of

ten (10) members who shall be selected as follows:

1. One member shall be appointed from each congressional

district and any remaining members, including the chair, shall be

appointed from the state at large. However, when congressional

districts are redrawn, each member appointed prior to July 1 of the

year in which such modification becomes effective shall complete the

current term of office and appointments made after July 1 of the

year in which such modification becomes effective shall be based on

the redrawn districts. Appointments made after July 1 of the year

in which such modification becomes effective shall be from any

redrawn districts which are not represented by a board member until

such time as each of the modified congressional districts are

represented by a board member; provided, the chair shall be

appointed at large without regard to congressional district

representation on the board;

2. All members shall be appointed by the Governor, by and with

the advice and consent of the Senate;

3. a. Each of the members appointed from a congressional

district shall, at the time of appointment, be a

resident in good faith of the congressional district

from which appointed, and

b. Each of the members appointed from the state at large

shall, at the time of appointment and during the

period of service, be residents in good faith of the

state;

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4. Each member shall be of good moral character and, for the

ten-year period immediately preceding appointment, each of the used

motor vehicle dealer representatives shall have been licensed for

and actually engaged in the distribution or sale of used motor

vehicles; each of the dismantler representatives shall have actually

been licensed for and engaged in the principal business of

dismantling or disassembling motor vehicles for the purpose of

selling the parts thereof; and the manufactured housing

representative shall have been licensed for and actually engaged in

the principal business of selling manufactured homes; and

5. Eight members plus the chair shall be engaged in the used

motor vehicle industry or the automotive dismantler industry. There

shall not be fewer than five members engaged in the principal

business of the sale of used motor vehicles and there shall not be

fewer than two members engaged in the principal business of

dismantling or disassembling motor vehicles for the purpose of

selling the parts thereof. One of the at-large members shall be

engaged in the principal business of selling manufactured homes as a

licensed manufactured home dealer. Being engaged in one or more of

such pursuits shall not disqualify a person otherwise qualified from

serving on the Commission.

B. 1. The term of the chair shall be coterminous with that of

the Governor making the appointment, and until a successor is

appointed and is qualified.

2. The terms of office of each member of the Commission shall

be subject to the following:

a. the Commission shall determine and certify the trade

associations of manufactured home dealers that

represent ten percent (10%) or more of the number of

licensed manufactured home dealers in the state and

shall certify each such association to the Governor.

The Governor shall request a minimum of ten names from

each such association and shall select one member from

the manufactured home industry from the names

provided,

b. each member actively serving July 1, 2000, who was

appointed on or before June 30, 2000, shall remain and

fulfill the term of his or her membership as set forth

at the appointment,

c. except for the chair, the term of office of each

member of the Commission shall be for six (6) years,

d. except for the chair and the at-large members, the
nufactured home industry from the names

provided,

b. each member actively serving July 1, 2000, who was

appointed on or before June 30, 2000, shall remain and

fulfill the term of his or her membership as set forth

at the appointment,

c. except for the chair, the term of office of each

member of the Commission shall be for six (6) years,

d. except for the chair and the at-large members, the

term of office of any member will automatically expire

if the member moves out of the congressional district

from which appointed; however, if the congressional

districts are modified each member shall complete the

current term of office as provided in this section,

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e. in event of death, resignation, or removal of any

person serving on the Commission, the vacancy shall be

filled by appointment as aforesaid for the unexpired

portion of the term, and

f. except for the chair, when the term of a member

automatically expires, the vacancy shall be filled by

appointment of a qualified successor for a term of six

(6) years as aforesaid, except that the member shall

serve until a successor is appointed and qualified.

3. The chair and each member of the Commission shall take and

subscribe to the oath of office required of public officers.

C. The chair and members of the Commission shall receive Thirty

Dollars ($30.00) for each and every day actually and necessarily

spent in attending the meetings of the Commission, and shall be

reimbursed for subsistence and traveling expenses incurred in the

performance of their duties hereunder as provided by the State

Travel Reimbursement Act; provided that such meeting payments shall

not exceed the sum of Six Hundred Dollars ($600.00) per annum to any

one person.

D. 1. a. The Commission shall appoint a qualified person to

serve as Executive Director who shall have had

sufficient management and organizational experience in

the automotive industry to direct the functions of the

Commission.

b. The Executive Director shall be appointed for a term

of six (6) years, and shall not be subject to

dismissal or removal without cause.

c. The Commission shall fix the salary and define and

prescribe the duties of the Executive Director.

d. The Executive Director shall be in charge of the

Commission’s office, shall devote such time as

necessary to fulfill the duties thereof, and, before

entering upon these duties, shall take and subscribe

to the oath of office.

2. The Commission may employ such clerical, technical, legal,

and other help and incur such expenses as may be necessary for the

proper discharge of its duties under Section 581 et seq. of this

title and Section 2 of this act.

3. The Commission shall maintain its office and transact its

business in Oklahoma City, and is authorized to adopt and use a

seal.

E. 1. a. The Commission is hereby vested with the powers and

duties necessary and proper to enable it to fully and

effectively carry out the provisions and objectives of

Section 581 et seq. of this title and Section 2 of

this act, and is hereby authorized and empowered,

pursuant to the Administrative Procedures Act, to make

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and enforce all reasonable rules and to adopt and

prescribe all forms necessary to accomplish such

purpose.

b. The Commission shall promulgate rules for the

licensing of manufactured home installers and the

installation, which is the blocking, anchoring, and

leveling of mobile and manufactured homes that meet

the standards of the manufacturer’s manual or the

Commission.

c. The Commission shall promulgate rules to prescribe the

contents of manufactured home sales agreements and to

require that each manufactured home manufacturer issue

with each new manufactured home a warranty comparable

to warranties generally in use in the industry

warranting the manufactured home to be free from

material defects.
standards of the manufacturer’s manual or the

Commission.

c. The Commission shall promulgate rules to prescribe the

contents of manufactured home sales agreements and to

require that each manufactured home manufacturer issue

with each new manufactured home a warranty comparable

to warranties generally in use in the industry

warranting the manufactured home to be free from

material defects.

d. The enumeration of any power or authority herein shall

not be construed to deny, impair, disparage, or limit

any others necessary to the attainment thereof.

e. A copy of all rules adopted by the Commission shall be

filed and recorded in the Office of the Secretary of

State and the State Librarian and State Archivist, and

same may be amended, modified, or repealed from time

to time.

2. The Commission’s powers and duties shall include, but not be

limited to, the following:

a. to license used motor vehicle dealers, wholesale used

motor vehicle dealers, dismantlers, manufactured home

dealers, manufactured home manufacturers, and

manufactured home installers,

b. to inspect used motor vehicle dealer, dismantler and

manufactured home dealer locations, and manufactured

home manufacturers’ factories or assembly sites to

ensure that they are in an approved location, meet

local zoning or other municipal requirements, and have

sufficient facilities which shall include, but not be

limited to, for retail businesses, a business sign, a

listed and usable telephone number, a restroom, and a

sales office,

c. to inspect wholesale used motor vehicle dealer

locations to ensure that they are in an approved

location, meet local zoning or other municipal

requirements, and have sufficient facilities which

shall include, but not be limited to, a listed and

usable telephone number in the dealer’s name and a

business office where records of the business are

kept,

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d. to require all dealer sales to have a condition of

sale such as a warranty disclaimer, implied or written

warranty, or a service contract approved by the

Commission,

e. to work with consumers and dealers to hear complaints

on used vehicles and manufactured homes, including

installation, and

f. to serve as a dispute resolution panel for binding

arbitration in accordance with Section 1851 et seq. of

Title 12 of the Oklahoma Statutes in contract

controversies between licensed used motor vehicle

dealers, dismantlers, and manufactured housing

dealers, manufactured home dealers, installers, and

manufacturers and their consumers when, by mutual

written agreement executed after the dispute between

the parties has arisen, both parties have agreed to

use the Commission as their arbitration panel for

contract disputes.

F. 1. All fees and charges collected under the provisions of

Section 581 et seq. of this title and Section 2 of this act shall be

deposited by the Executive Director in the State Treasury in

accordance with the depository laws of this state in a special fund

to be known as the “Oklahoma Used Motor Vehicle, Dismantler, and

Manufactured Housing Commission Fund”, which fund is hereby created.

Except as hereinafter provided, the monies in the fund shall be used

by the Commission for the purpose of carrying out and enforcing the

provisions of Section 581 et seq. of this title and Section 2 of

this act. Expenditures from the fund shall be warrants issued by

the State Treasurer against claims submitted by the Commission to

the Director of the Office of Management and Enterprise Services for

approval.

2. At the close of each fiscal year, the Commission shall file

with the Governor and the State Auditor and Inspector a true and

correct report of all fees and charges collected and received by it

during the preceding fiscal year and shall at the same time pay into

the General Revenue Fund of the state a sum equal to ten percent
f the Office of Management and Enterprise Services for

approval.

2. At the close of each fiscal year, the Commission shall file

with the Governor and the State Auditor and Inspector a true and

correct report of all fees and charges collected and received by it

during the preceding fiscal year and shall at the same time pay into

the General Revenue Fund of the state a sum equal to ten percent

(10%) of the gross fees and charges so collected and received.

3. All expenses incurred by the Commission in carrying out the

provisions of Section 581 et seq. of this title and Section 2 of

this act including, but not limited to, per diem, wages, salaries,

rent, postage, advertising, supplies, bond premiums, travel, and

subsistence for the Commissioners, the Executive Director,

employees, and legal counsel, and printing and utilities, shall be a

proper charge against the fund, exclusive of the portion thereof to

be paid into the General Revenue Fund as above set out; provided,

that in no event shall liability ever accrue hereunder against the

state in any sum whatsoever, or against the Oklahoma Used Motor

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Vehicle, Dismantler, and Manufactured Housing Commission Fund, in

excess of the ninety percent (90%) of the fees and charges deposited

therein.