{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-582","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-582","heading":"Oklahoma Used Motor Vehicle, Dismantler, and Manufactured","body":"Housing Commission.\n\nA. There is hereby created the Oklahoma Used Motor Vehicle,\n\nDismantler, and Manufactured Housing Commission, to be composed of\n\nten (10) members who shall be selected as follows:\n\n1. One member shall be appointed from each congressional\n\ndistrict and any remaining members, including the chair, shall be\n\nappointed from the state at large. However, when congressional\n\ndistricts are redrawn, each member appointed prior to July 1 of the\n\nyear in which such modification becomes effective shall complete the\n\ncurrent term of office and appointments made after July 1 of the\n\nyear in which such modification becomes effective shall be based on\n\nthe redrawn districts. Appointments made after July 1 of the year\n\nin which such modification becomes effective shall be from any\n\nredrawn districts which are not represented by a board member until\n\nsuch time as each of the modified congressional districts are\n\nrepresented by a board member; provided, the chair shall be\n\nappointed at large without regard to congressional district\n\nrepresentation on the board;\n\n2. All members shall be appointed by the Governor, by and with\n\nthe advice and consent of the Senate;\n\n3. a. Each of the members appointed from a congressional\n\ndistrict shall, at the time of appointment, be a\n\nresident in good faith of the congressional district\n\nfrom which appointed, and\n\nb. Each of the members appointed from the state at large\n\nshall, at the time of appointment and during the\n\nperiod of service, be residents in good faith of the\n\nstate;\n\n4. Each member shall be of good moral character and, for the\n\nten-year period immediately preceding appointment, each of the used\n\nmotor vehicle dealer representatives shall have been licensed for\n\nand actually engaged in the distribution or sale of used motor\n\nvehicles; each of the dismantler representatives shall have actually\n\nbeen licensed for and engaged in the principal business of\n\ndismantling or disassembling motor vehicles for the purpose of\n\nselling the parts thereof; and the manufactured housing\n\nrepresentative shall have been licensed for and actually engaged in\n\nthe principal business of selling manufactured homes; and\n\n5. Eight members plus the chair shall be engaged in the used\n\nmotor vehicle industry or the automotive dismantler industry. There\n\nshall not be fewer than five members engaged in the principal\n\nbusiness of the sale of used motor vehicles and there shall not be\n\nfewer than two members engaged in the principal business of\n\ndismantling or disassembling motor vehicles for the purpose of\n\nselling the parts thereof. One of the at-large members shall be\n\nengaged in the principal business of selling manufactured homes as a\n\nlicensed manufactured home dealer. Being engaged in one or more of\n\nsuch pursuits shall not disqualify a person otherwise qualified from\n\nserving on the Commission.\n\nB. 1. The term of the chair shall be coterminous with that of\n\nthe Governor making the appointment, and until a successor is\n\nappointed and is qualified.\n\n2. The terms of office of each member of the Commission shall\n\nbe subject to the following:\n\na. the Commission shall determine and certify the trade\n\nassociations of manufactured home dealers that\n\nrepresent ten percent (10%) or more of the number of\n\nlicensed manufactured home dealers in the state and\n\nshall certify each such association to the Governor.\n\nThe Governor shall request a minimum of ten names from\n\neach such association and shall select one member from\n\nthe manufactured home industry from the names\n\nprovided,\n\nb. each member actively serving July 1, 2000, who was\n\nappointed on or before June 30, 2000, shall remain and\n\nfulfill the term of his or her membership as set forth\n\nat the appointment,\n\nc. except for the chair, the term of office of each\n\nmember of the Commission shall be for six (6) years,\n\nd. except for the chair and the at-large members, the\nnufactured home industry from the names\n\nprovided,\n\nb. each member actively serving July 1, 2000, who was\n\nappointed on or before June 30, 2000, shall remain and\n\nfulfill the term of his or her membership as set forth\n\nat the appointment,\n\nc. except for the chair, the term of office of each\n\nmember of the Commission shall be for six (6) years,\n\nd. except for the chair and the at-large members, the\n\nterm of office of any member will automatically expire\n\nif the member moves out of the congressional district\n\nfrom which appointed; however, if the congressional\n\ndistricts are modified each member shall complete the\n\ncurrent term of office as provided in this section,\n\ne. in event of death, resignation, or removal of any\n\nperson serving on the Commission, the vacancy shall be\n\nfilled by appointment as aforesaid for the unexpired\n\nportion of the term, and\n\nf. except for the chair, when the term of a member\n\nautomatically expires, the vacancy shall be filled by\n\nappointment of a qualified successor for a term of six\n\n(6) years as aforesaid, except that the member shall\n\nserve until a successor is appointed and qualified.\n\n3. The chair and each member of the Commission shall take and\n\nsubscribe to the oath of office required of public officers.\n\nC. The chair and members of the Commission shall receive Thirty\n\nDollars ($30.00) for each and every day actually and necessarily\n\nspent in attending the meetings of the Commission, and shall be\n\nreimbursed for subsistence and traveling expenses incurred in the\n\nperformance of their duties hereunder as provided by the State\n\nTravel Reimbursement Act; provided that such meeting payments shall\n\nnot exceed the sum of Six Hundred Dollars ($600.00) per annum to any\n\none person.\n\nD. 1. a. The Commission shall appoint a qualified person to\n\nserve as Executive Director who shall have had\n\nsufficient management and organizational experience in\n\nthe automotive industry to direct the functions of the\n\nCommission.\n\nb. The Executive Director shall be appointed for a term\n\nof six (6) years, and shall not be subject to\n\ndismissal or removal without cause.\n\nc. The Commission shall fix the salary and define and\n\nprescribe the duties of the Executive Director.\n\nd. The Executive Director shall be in charge of the\n\nCommission’s office, shall devote such time as\n\nnecessary to fulfill the duties thereof, and, before\n\nentering upon these duties, shall take and subscribe\n\nto the oath of office.\n\n2. The Commission may employ such clerical, technical, legal,\n\nand other help and incur such expenses as may be necessary for the\n\nproper discharge of its duties under Section 581 et seq. of this\n\ntitle and Section 2 of this act.\n\n3. The Commission shall maintain its office and transact its\n\nbusiness in Oklahoma City, and is authorized to adopt and use a\n\nseal.\n\nE. 1. a. The Commission is hereby vested with the powers and\n\nduties necessary and proper to enable it to fully and\n\neffectively carry out the provisions and objectives of\n\nSection 581 et seq. of this title and Section 2 of\n\nthis act, and is hereby authorized and empowered,\n\npursuant to the Administrative Procedures Act, to make\n\nand enforce all reasonable rules and to adopt and\n\nprescribe all forms necessary to accomplish such\n\npurpose.\n\nb. The Commission shall promulgate rules for the\n\nlicensing of manufactured home installers and the\n\ninstallation, which is the blocking, anchoring, and\n\nleveling of mobile and manufactured homes that meet\n\nthe standards of the manufacturer’s manual or the\n\nCommission.\n\nc. The Commission shall promulgate rules to prescribe the\n\ncontents of manufactured home sales agreements and to\n\nrequire that each manufactured home manufacturer issue\n\nwith each new manufactured home a warranty comparable\n\nto warranties generally in use in the industry\n\nwarranting the manufactured home to be free from\n\nmaterial defects.\nstandards of the manufacturer’s manual or the\n\nCommission.\n\nc. The Commission shall promulgate rules to prescribe the\n\ncontents of manufactured home sales agreements and to\n\nrequire that each manufactured home manufacturer issue\n\nwith each new manufactured home a warranty comparable\n\nto warranties generally in use in the industry\n\nwarranting the manufactured home to be free from\n\nmaterial defects.\n\nd. The enumeration of any power or authority herein shall\n\nnot be construed to deny, impair, disparage, or limit\n\nany others necessary to the attainment thereof.\n\ne. A copy of all rules adopted by the Commission shall be\n\nfiled and recorded in the Office of the Secretary of\n\nState and the State Librarian and State Archivist, and\n\nsame may be amended, modified, or repealed from time\n\nto time.\n\n2. The Commission’s powers and duties shall include, but not be\n\nlimited to, the following:\n\na. to license used motor vehicle dealers, wholesale used\n\nmotor vehicle dealers, dismantlers, manufactured home\n\ndealers, manufactured home manufacturers, and\n\nmanufactured home installers,\n\nb. to inspect used motor vehicle dealer, dismantler and\n\nmanufactured home dealer locations, and manufactured\n\nhome manufacturers’ factories or assembly sites to\n\nensure that they are in an approved location, meet\n\nlocal zoning or other municipal requirements, and have\n\nsufficient facilities which shall include, but not be\n\nlimited to, for retail businesses, a business sign, a\n\nlisted and usable telephone number, a restroom, and a\n\nsales office,\n\nc. to inspect wholesale used motor vehicle dealer\n\nlocations to ensure that they are in an approved\n\nlocation, meet local zoning or other municipal\n\nrequirements, and have sufficient facilities which\n\nshall include, but not be limited to, a listed and\n\nusable telephone number in the dealer’s name and a\n\nbusiness office where records of the business are\n\nkept,\n\nd. to require all dealer sales to have a condition of\n\nsale such as a warranty disclaimer, implied or written\n\nwarranty, or a service contract approved by the\n\nCommission,\n\ne. to work with consumers and dealers to hear complaints\n\non used vehicles and manufactured homes, including\n\ninstallation, and\n\nf. to serve as a dispute resolution panel for binding\n\narbitration in accordance with Section 1851 et seq. of\n\nTitle 12 of the Oklahoma Statutes in contract\n\ncontroversies between licensed used motor vehicle\n\ndealers, dismantlers, and manufactured housing\n\ndealers, manufactured home dealers, installers, and\n\nmanufacturers and their consumers when, by mutual\n\nwritten agreement executed after the dispute between\n\nthe parties has arisen, both parties have agreed to\n\nuse the Commission as their arbitration panel for\n\ncontract disputes.\n\nF. 1. All fees and charges collected under the provisions of\n\nSection 581 et seq. of this title and Section 2 of this act shall be\n\ndeposited by the Executive Director in the State Treasury in\n\naccordance with the depository laws of this state in a special fund\n\nto be known as the “Oklahoma Used Motor Vehicle, Dismantler, and\n\nManufactured Housing Commission Fund”, which fund is hereby created.\n\nExcept as hereinafter provided, the monies in the fund shall be used\n\nby the Commission for the purpose of carrying out and enforcing the\n\nprovisions of Section 581 et seq. of this title and Section 2 of\n\nthis act. Expenditures from the fund shall be warrants issued by\n\nthe State Treasurer against claims submitted by the Commission to\n\nthe Director of the Office of Management and Enterprise Services for\n\napproval.\n\n2. At the close of each fiscal year, the Commission shall file\n\nwith the Governor and the State Auditor and Inspector a true and\n\ncorrect report of all fees and charges collected and received by it\n\nduring the preceding fiscal year and shall at the same time pay into\n\nthe General Revenue Fund of the state a sum equal to ten percent\nf the Office of Management and Enterprise Services for\n\napproval.\n\n2. At the close of each fiscal year, the Commission shall file\n\nwith the Governor and the State Auditor and Inspector a true and\n\ncorrect report of all fees and charges collected and received by it\n\nduring the preceding fiscal year and shall at the same time pay into\n\nthe General Revenue Fund of the state a sum equal to ten percent\n\n(10%) of the gross fees and charges so collected and received.\n\n3. All expenses incurred by the Commission in carrying out the\n\nprovisions of Section 581 et seq. of this title and Section 2 of\n\nthis act including, but not limited to, per diem, wages, salaries,\n\nrent, postage, advertising, supplies, bond premiums, travel, and\n\nsubsistence for the Commissioners, the Executive Director,\n\nemployees, and legal counsel, and printing and utilities, shall be a\n\nproper charge against the fund, exclusive of the portion thereof to\n\nbe paid into the General Revenue Fund as above set out; provided,\n\nthat in no event shall liability ever accrue hereunder against the\n\nstate in any sum whatsoever, or against the Oklahoma Used Motor\n\nVehicle, Dismantler, and Manufactured Housing Commission Fund, in\n\nexcess of the ninety percent (90%) of the fees and charges deposited\n\ntherein.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"856b4a7987c6ee5690a517617abc10a0cdc958c256661c6137c61ac104f864ca","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-581","next":"us-ok/okla.-stat.-tit.-47-47-582.1"},"notice":"GroundRules: Original legal text. Not legal advice."}