1. That the home in question is located and occupied in the state of Arkansas;

2. That, at the time of the claim, the manufacturer, retailer or installer involved in the claim has an assessment on deposit in the fund; and

3. That the manufacturer, retailer or installer is unwilling or unable to take corrective action as directed by the Commission.

1. The amount of damages awarded by the Commission shall be limited to the actual cost of repairs to the manufactured home and shall not include attorneys' fees. On appeal to Circuit Court from an award of the Commission, the jurisdiction of the Circuit Court shall be limited to the actual cost of repairs to the manufactured home. The Circuit Court shall not have jurisdiction to award punitive or exemplary damages for claims covered by the provisions of Act 419 of 1977 as amended, attorneys' fees or costs.

2. Upon a finding by the Commission that a standard has been violated, the Commission shall direct the respondent licensee, retailer, installer or manufacturer to correct the violation within a reasonable time, not to exceed ninety (90) days following the written decision of the Commission. If the violation is not corrected within ninety (90) days following the written decision of the Commission and no appeal has been filed in Circuit Court of the decision, the Commission shall, upon request, pay from the Manufactured Housing Recovery Fund the actual cost of repairs to the manufactured home, if:

3. The question of what constitutes a continuing series of violations shall be a matter solely within the discretion and judgment of the Commission.

4. Nothing herein shall obligate the fund for any amount in excess of the following with respect to the actions of any one licensee, installer, retailer or manufacturer:

1. Appeals from a decision of the Commission shall be to the Circuit Court in accordance with the Arkansas Administrative Procedure Act. Such appeal shall stay that portion of the Commission order which directs payment of the damage. Neither the respondent nor the Commission shall be required to pay damages to the complainant until such time as a final order of the Circuit Court, Court of Appeals or Supreme Court is issued.

2. On appeal, the Circuit Court jurisdiction in awarding damages to be paid from the fund shall be limited in amount to:

1. The Commission shall suspend the license or certificate of each licensee, installer, retailer or manufacturer until such time as same reimburses award amounts paid on its behalf to the fund plus interest at a rate to be determined by the Commission but not to exceed ten percent (10%) per annum.

2. The Commission may permanently suspend the license or certificate of the respondent upon failure to pay an order of the Commission or court.

3. The Commission may move the Circuit Court to suspend the license or certificate of the respondent during pendency of an appeal from a Commission order.