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Oregon Bulletin

October 1, 2013

Oregon Housing and Community Services Department, Chapter 813

Rule Caption: Adopts statutory amendments regarding contested case hearings and education requirements.

Adm. Order No.: OHCS 17-2013

Filed with Sec. of State: 9-4-2013

Certified to be Effective: 9-4-13

Notice Publication Date: 7-1-2013

Rules Amended: 813-007-0005, 813-007-0040

Rules Repealed: 813-007-0005(T), 813-007-0040(T)

Subject: 813-007-0005 Amends the statutory references and removes language adopted within 2005 OL Ch 619, as amended by 2009 OL Ch 816 and repealed in OL Ch 503, Sec 21.

   813-007-0040 Reduces the education requirements for persons in manufactured dwelling parks who have authority to manage the premises of the park from six to four hours of continuing education every two years.

Rules Coordinator: Sandy McDonnell—(503) 986-2012

813-007-0005

General Purpose

OAR chapter 813, division 007 is adopted to implement section 9, chapter 816, Oregon Laws 2009, and sections 2, 3 and 4, chapter 619, Oregon Laws 2005, as amended by sections 10 to 12, chapter 816, Oregon Laws 2009, and sections 19, and 21, chapter 503, Oregon Laws 2011 for the purpose of regulating manufactured dwelling parks. These rules pertain to:

(1) Manufactured dwelling park advisory committee.

(2) Annual registration procedures.

(3) Annual registration charges.

(4) Annual registration notification reminders.

(5) Annual registration changes.

(6) Manufactured dwelling park continuing education requirements.

(7) Continuing education notification reminders.

(8) Approval of statewide nonprofit trade association trainers.

(9) Civil penalty assessment for noncompliance.

(10) Liens for noncompliance.

(11) Contested case hearings.

Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4, 2009 OL Ch. 816, Sec. 9 & 2011 OL Ch. 503, Sec. 21

Stats. Implemented: 2009 OL Ch. 816 & 2011 OL Ch. 503

Hist.: OHCS 1-2010, f. & cert. ef. 1-7-10; OHCS 2-2013(Temp), f. & cert. ef. 3-21-13 thru 9-17-13; OHCS 17-2013, f. & cert. ef. 9-4-13

813-007-0040

Manufactured Dwelling Park Continuing Education Requirements

(1) At least one person for each manufactured dwelling park who has authority to manage the premises of the park shall, every two years, complete four hours of continuing education satisfactory to the department relating to the management of manufactured dwelling parks. The training must be completed by personally attending classes and cannot be satisfied by remote, self-study or online training.

(2) The following apply for a person whose continuing education is required:

(a) If there is any manager or owner who lives in the park, the person completing the continuing education must be a manager or owner who lives in the park.

(b) If no manager or owner lives in the park, the person completing the continuing education must be a manager who lives outside the park, or if there is no manager, an owner of the park.

(c) A manager or owner may satisfy the continuing education requirement for more than one park that does not have a manager or owner who lives in the park.

(3) If a person becomes the manufactured dwelling park manager or owner who is responsible for completing continuing education, and the person does not have a current certificate of completion issued under 813-007-0040(4)(d), the person shall complete the continuing education requirement by taking the next regularly scheduled continuing education class or by taking a continuing education class held within 75 days.

(4) The department will ensure that:

(a) Continuing education classes are offered at least once every six months;

(b) Continuing education classes are offered by a statewide nonprofit trade association in Oregon representing manufactured housing interests and approved by the department;

(c) Continuing education classes have at least one-half of the class instruction on one or more of the provisions of ORS Chapter 90, 105.105 to 105.168, fair housing law or other law relating to landlords and tenants;

(d) Continuing education providers provide a certificate of completion to all attendees; and

(e) Continuing education providers provide the department with the following information:

(A) The name and title (owner or manager) of each person who attends a class;

(B) The name of the attendee’s manufactured dwelling park;

(C) The city or county in which the attendee’s park is located;

(D) The date of the class; and

(E) The names of the persons who taught the class.

(5) The department, a trade association or instructor is not responsible for the conduct of a manufactured dwelling park landlord, manager, owner or other person attending a continuing education class under this section. This section does not create a cause of action against the department, a trade association or instructor related to the continuing education class.

(6) The owner of a manufactured dwelling park is responsible for ensuring compliance with the continuing education requirements in this section.

Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4, 2009 OL Ch. 816 & 2011 OL Ch. 503, Sec. 19

Stats. Implemented: 2009 OL Ch. 816, 2011 OL Ch. 503 & 2011 OL Ch. 503, Sec. 19

Hist.: OHCS 1-2010, f. & cert. ef. 1-7-10; OHCS 2-2013(Temp), f. & cert. ef. 3-21-13 thru 9-17-13; OHCS 17-2013, f. & cert. ef. 9-4-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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