It is enacted by the General Assembly as follows:
SECTION 1. Chapter 31-44 of the General Laws entitled "Mobile and Manufactured Homes" is hereby amended by adding thereto the following sections:
{ADD 31-44-16. Department of business regulation to hear matters. -- The director of the department of business regulation, or his or her designee, shall hear matters involving mobile/manufactured housing park rules, specifically chapter 31-44, Mobile and Manufactured Homes; provided, however, the director shall not have jurisdiction over issues relative to rent increases or jurisdiction over evictions. ADD}
{ADD Nothing in this section shall preclude the right of the director to use the services of a mediator to resolve a dispute involving mobile/manufactured housing park rules. ADD}
{ADD 31-44-17. Filing of complaint with department -- Notice -- Rules of evidence not binding. -- (a) Any resident of a mobile/manufactured housing park or any owner of a mobile/manufactured housing park may petition the director by filing a complaint with the department of business regulation director and paying a twenty-five dollar ($25.00) filing fee which shall be used to defray the costs of the director. Such filing fee may be waived by the director if he or she or his or her agent determines that such fee will cause an unfair financial burden on the petitioner. After review of the claim and a decision by the director that the matter has merit and is not frivolous, the director shall schedule a hearing within sixty (60) days from receipt of the claim. If the director finds the claim to be without merit or to be frivolous, it shall dismiss the complaint and explain in writing to the complainant its reasons for dismissing the complaint. ADD}
{ADD (b) The director or his or her agent shall serve notice, in writing, of the time and place of the hearing upon all appropriate parties at least twenty (20) days prior to the date of the hearing. Both parties to the complaint may be represented by counsel. ADD}
{ADD (c) The director or his or her agent shall not be bound by common law or statutory rules of evidence but may admit all testimony having a reasonable probative value. It may exclude evidence which, in the opinion of the director or his or her agent, is immaterial, irrelevant, or unduly repetitious. ADD}
{ADD 31-44-18. Decisions, judicial review and enforcement. -- (a) When the director makes a decision, an order shall be made in writing and shall include finding of facts. The findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. The parties shall be notified by mail of any decision or order. ADD}
{ADD (b) A decision of the director may be appealed, by either party, by applying for a rehearing or appealing to the superior court for the county in which either party resides, within twenty (20) days of the date of the decision pursuant to the provisions of the administrative procedures acts, chapter 42-35. ADD}
{ADD (c) If no timely appeal is taken pursuant to paragraph (b) herein, the decision of the director shall become final. The director shall file a certified abstract of any final decision with the clerk of the superior court in the county of residence of the complainant. The clerk of such court shall enter judgment thereon, and such judgment may be enforced as with any final judgment of the superior court. ADD}
{ADD 31-44-19. Notification and cooperation required. -- The director shall notify the attorney general's, consumer protection division and antitrust bureau, department of justice, that the attorney general may accept and act on written complaints properly forwarded to it by the director relative to mobile/manufactured housing. ADD}
SECTION 2. This act shall take effect upon passage.