PR-12-76 -- PSC General Counsel Authorized To Go To Court To Seek Penalties Against Former Kansas City Manufactured Home Dealer

Cobtact: Kevin Kelly (573) 75109300
FOR IMMEDIATE RELEASE -- DECEMBER 9, 2011
JEFFERSON CITY---The Missouri Public Service Commission (PSC) has authorized the PSC’s General Counsel to go to circuit court to seek penalties against Burkhart Mobile Homes, Inc., a former Kansas City manufactured home dealer, for violating Commission rules and state law. 
The Director of the PSC’s Manufactured Housing and Modular Units Program had filed a complaint against Burkhart Mobile Homes, Inc.  alleging the former manufactured home dealer had violated Commission rules and state law by selling five manufactured homes while the dealer’s registration was not in effect and by selling three manufactured homes that had been “red-tagged” with a prohibitive sales notification affixed to the homes.  The alleged instances occurred between May 2010 and January or February 2011. 
Under federal rules, a red-tag means to affix a notice to a manufactured home that has been found to contain an imminent safety hazard or a failure to conform to the applicable building codes.
In a filing with the Commission on December 1, 2011, Burkhart Mobile Homes, Inc. admitted to the allegations made by the Director of the PSC’s Manufactured Housing and Modular Units Program and did not seek a Commission hearing on the complaint.
While the complaint case was before the Commission, the PSC’s General Counsel went to Jackson County Circuit Court seeking a preliminary injunction against Burkhart Mobile Homes, Inc., prohibiting the sale of new or used manufactured homes or modular units. 
On October 4, 2011, a Jackson County Circuit Court judge issued a preliminary injunction against Burkhart Mobile Homes, Inc. prohibiting the dealer from renting, leasing, brokering, selling or offering to sell, on consignment or otherwise, any manufactured home or modular unit, whether new or used; and from holding forth or acting as a dealer of manufactured homes or modular units, whether new or used.
Burkhart Mobile Homes, Inc. was registered as a dealer of manufactured homes and modular units with the Public Service Commission.  But in early 2010, Burkhart’s registration expired and the Commission has not reinstated or renewed the registration.
The Public Service Commission regulates approximately 131 registered manufacturers, 232 registered dealers and 137 registered installers in Missouri.
 

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Case No. MC-2011-0319
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