Loading (50 kb)...'
(continued)
(d) Books and records must be kept on the premises of the licensee's established place of business unless the licensee has designated, on a form prescribed by the department, an alternate site within the state at which the books and records will be maintained and available for inspection. The licensee must notify the department on the prescribed form of any change in location of the books and records at least ten (10) days prior to the date of the change in location.
(e) Unless otherwise specified by law or this chapter, all business records relating to manufactured home, mobilehome or commercial coach transactions shall be retained by the licensee for a period of not less than three (3) years.
(f) When, for any reason, a licensee terminates or suspends business, all department report of sale books, along with all permits, licenses, transportation decals and registration documents therefor, and all salespersons' licenses in possession of a dealer, shall be surrendered to the department upon demand or within ten (10) calendar days after termination or suspension, whichever occurs first.
(g) When, for any reason, a licensee terminates or suspends business, the licensee shall notify the department in writing within 10 days of the termination or suspension, of the location where pertinent books and records will be kept and available for inspection.
Note: Authority cited: Section 18015, Health and Safety Code. Reference: Sections 18003.6, 18045.5, 18045.6, 18054 and 18062.2, Health and Safety Code.
s 5012. Manufacturer's Established Place of Business.
The applicant for, or holder of, a manufactured home, mobilehome or commercial coach manufacturer's license shall maintain a suitable site sufficient in size and furnishings to effect the manufacture, assembly, reconstruction or reconfiguration of manufactured homes, mobilehomes or commercial coaches.
Note: Authority cited: Section 18015, Health and Safety Code. Reference: Sections 18003.6, 18006.3 and 18045.5, Health and Safety Code.
s 5013. Dealer's Established Place of Business.
The applicant for, or holder of, a manufactured home, mobilehome or commercial coach dealer's license shall maintain an established place of business. The office of an established place of business of a dealer must be constructed such that it is not temporary, transitory or mobile in nature. The office must comply with applicable construction standards and local zoning regulations. A manufactured home, mobilehome or commercial coach is acceptable, provided that it is not a part of the dealer's inventory and is not being offered for or subject to sale while being used as an office, and otherwise meets the requirements of law.
Note: Authority cited: Section 18015, Health and Safety Code. Reference: Sections 18003.6, 18045.5 and 18045.6, Health and Safety Code.
s 5014. Display Area.
Note: Authority cited: Sections 18015 and 18045.5(b), Health and Safety Code. Reference: Sections 18045.5 and 18045.6, Health and Safety Code.
s 5015. Dealer Branch Locations.
Note: Authority cited: Section 18015, Health and Safety Code. Reference: Section 18045.6, Health and Safety Code.
s 5020. Application Requirements.
(a) An application for an occupational license or 90-day certificate shall contain that information required by the department, including, but not limited to, the forms and items listed in this section.
(b) Applicants for licenses pursuant to this section shall present documentation necessary to determine an applicant's eligibility to receive public benefits pursuant to Chapter 5.5 of this division, beginning with Section 5802 of this subchapter.
(c) If the applicant is a partnership or corporation, the names and titles of all controlling partners, stockholders, directors, general managers and officers who are permitted to direct, control or manage the manufacturing or sales affairs of the applicant or licensee, subject to law or this chapter, shall be disclosed.
(d) Manufacturer license. The following forms and items are required to be submitted by applicants for a manufacturer's license:
(1) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Manufacturers, Distributors, and Dealers, Part A, HCD OL 12 (Rev. 11/05);
(2) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Manufacturers, Distributors, Dealers and Salespersons, Part B, HCD OL 29 (Rev. 11/05), for each person shown on Part A;
(3) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Manufacturers, Distributors and Dealers, Part C, HCD OL 21 (Rev. 11/05), for each established place of business;
(4) For each person shown on Part A, fingerprints must be submitted through the Live Scan fingerprint process. Unless exempted by DOJ, applicants shall provide a properly completed and legible copy of form HCD OL 8016 (New 11/05), "Request for Live Scan Service" or the equivalent form provided by DOJ. The HCD OL 8016 form or DOJ equivalent form must provide evidence that the fingerprints have been submitted to DOJ and that the department is properly listed as the agency to receive any criminal history information. Applicants applying for an exemption from the Live Scan process must submit their exemption requests through the department on the forms prescribed by DOJ. Fingerprinting must be processed by a law enforcement agency or a DOJ-certified fingerprint roller. Additional fingerprinting may be required if the submitted fingerprints are rejected by DOJ or the Federal Bureau of Investigation;
(5) Two full facial photographs of each person shown on Part A, minimum size 1 1/4"x 1", taken from a maximum distance of six (6) feet;
(6) Business photographs: One photograph showing the manufacturing area and one photograph of the exterior of the office for each established place of business;
(7) A list of model or brand names to be manufactured at each established place of business;
(8) An explanation of the serial numbers configuration to be assigned to manufactured homes, mobilehomes or commercial modulars;
(9) The original license application fee specified in Section 5040 of this subchapter for each established place of business.
(e) Distributor License. The following forms and items are required to be submitted by applicants for a distributor's license:
(1) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Manufacturers, Distributors, and Dealers, Part A, form HCD OL 12 (Rev. 11/05), which is incorporated by reference;
(2) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Manufacturers, Distributors, Dealers and Salespersons, Part B, form HCD OL 29 (Rev. 11/05), which is incorporated by reference, for each person shown on Part A;
(3) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Manufacturers, Distributors and Dealers, Part C, form HCD OL 21 (Rev. 11/05), which is incorporated by reference, for each established place of business;
(4) For each person shown on Part A, fingerprints must be submitted through the Live Scan fingerprint process. Unless exempted by DOJ, applicants shall provide a properly completed and legible copy of form HCD OL 8016 (New 11/05), "Request for Live Scan Service", which is incorporated by reference, or the equivalent form provided by DOJ. The HCD OL 8016 form or DOJ equivalent form must provide evidence that the fingerprints have been submitted to DOJ and that the department is properly listed as the agency to receive any criminal history information. Applicants applying for an exemption from the Live Scan process must submit their exemption requests through the department on the forms prescribed by DOJ. Fingerprints must be processed by a law enforcement agency or a DOJ-certified fingerprint roller. Additional fingerprinting may be required if the submitted fingerprints are rejected by DOJ or the Federal Bureau of Investigation;
(5) Two full facial photographs of each person shown on Part A, minimum size 1 1/4"x 1", taken from a maximum distance of six (6) feet.
(6) Business photographs: One photograph showing the exterior of the office for each established place of business;
(7) A list of the name, address, brands and models of each manufacturer whose line will be distributed;
(8) An explanation of the manufacturer's serial numbers configuration assigned to manufactured homes, mobilehomes or commercial modulars;
(9) The original license application fee specified in Section 5040 of this subchapter for each established place of business.
(f) Dealer License. The following forms and items are required to be submitted by applicants for a dealer's license:
(1) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Manufacturers, Distributors, and Dealers, Part A, form HCD OL 12 (Rev. 11/05), which is incorporated by reference;
(2) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Manufacturers, Distributors, Dealers and Salespersons, Part B, form HCD OL 29 (Rev. 11/05), which is incorporated by reference, for each person shown on Part A;
(3) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Manufacturers, Distributors and Dealers, Part C, form HCD OL 21 (Rev. 11/05), which is incorporated by reference, for each established place of business;
(4) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Dealers, Part D, HCD OL 50 (Rev. 11/05), which is incorporated by reference;
(5) For each person shown on Part A, fingerprints must be submitted through the Live Scan fingerprint process. Unless exempted by DOJ, applicants shall provide a properly completed and legible copy of form HCD OL 8016 (New 11/05), "Request for Live Scan Service", which is incorporated by reference, or the equivalent form provided by DOJ. The HCD OL 8016 form or DOJ equivalent form must provide evidence that the fingerprints have been submitted to DOJ and that the department is properly listed as the agency to receive any criminal history information. Applicants applying for an exemption from the Live Scan process must submit their exemption requests through the department on the forms prescribed by DOJ. Fingerprints must be processed by a law enforcement agency or a DOJ-certified fingerprint roller. Additional fingerprinting may be required if the submitted fingerprints are rejected by DOJ or the Federal Bureau of Investigation;
(6) Two full facial photographs of each person shown on Part A, minimum size 1 1/4"by 1", taken from a maximum distance of six (6) feet;
(7) Business photographs: One photograph showing the exterior of the office of each established place of business;
(8) Certificate of Appointment, form HCD OL 28 (Rev. 11/05), which is incorporated by reference;
(9) A Letter of Authorization from, and a copy of any franchise or contractual agreement with, each manufacturer indicating its approval to sell manufactured homes, mobilehomes or commercial modulars at the address of the established place of business (NOT required of dealers selling only used manufactured homes, mobilehomes, or commercial modulars);
(10) Proof of successful passage by each person shown in Part A of the Manufactured Home/Mobilehome or Commercial Modular Dealer Examination, as required by law and Section 5022 of this subchapter, within six months prior to the application date;
(11) A sample of all purchase documents to be used, including but not limited to, purchase orders, conditional sales contracts, security agreements, or other instruments of purchase, and receipts of deposit;
NOTE: Issuance of a license is not to be construed as approval of the contents of such documents or their legal sufficiency.
(12) A list of all names, license numbers and home addresses of all salespersons and managing employees to be employed at each established place of business;
(13) The original license application fee specified in Section 5040 of this subchapter for each established place of business.
(g) Salesperson License. The following forms and items are required to be submitted by applicants for a salesperson's license:
(1) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Salespersons, Part A, form HCD OL 16 (Rev. 11/05), which is incorporated by reference;
(2) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Manufacturers, Distributors, Dealers and Salespersons, Part B, form HCD OL 29 (Rev. 11/05), which is incorporated by reference;
(3) For each person shown on Part A, fingerprints must be submitted through the Live Scan fingerprint process. Unless exempted by DOJ, applicants shall provide a properly completed and legible copy of form HCD OL 8016 (New 11/05), "Request for Live Scan Service", which is incorporated by reference, or the equivalent form provided by DOJ. The HCD OL 8016 form or DOJ equivalent form must provide evidence that the fingerprints have been submitted to DOJ and that the department is properly listed as the agency to receive any criminal history information. Applicants applying for an exemption from the Live Scan process must submit their exemption requests through the department on the forms prescribed by DOJ. Fingerprints must be processed by a law enforcement agency or a DOJ-certified fingerprint roller. Additional fingerprinting may be required if the submitted fingerprints are rejected by DOJ or the Federal Bureau of Investigation;
(4) Two full facial photographs of each person shown on Part A, minimum size 1 1/4"by 1", taken from a maximum distance of six (6) feet;
(5) Proof of successful passage of the manufactured home/mobilehome or commercial modular salesperson examination, as required by law and Section 5022 of this subchapter, within six months prior to the application date.
(6) The original license application fee specified in Section 5040 of this subchapter.
(h) 90-Day Certificate.
(1) Any person applying for a 90-day certificate shall submit an application to the department on form HCD-OL 90, "Application for Manufactured Home/Mobilehome/Commercial Modular 90-Day Certificate," (Rev. 11/05), which is incorporated by reference, as set forth in subsection (h)(2). This form is provided by the department.
(2) Form HCD-OL 90, "Application for Manufactured Home/Mobilehome/Commercial Modular 90-Day Certificate," (Rev. 11/05), which is incorporated by reference.
(3) The original 90-day certificate application fee specified in Section 5040 of this subchapter.
(4) Concurrent with the submission to the department of a completed form HCD-OL 90, "Application for Manufactured Home/Mobilehome/Commercial Modular 90-Day Certificate," (Rev. 11/05), which is incorporated by reference, the applicant shall also submit a completed application for license as a salesperson, in accordance with Sections 5020(a) and 5020(g) of this subchapter, with the exception of the following items:
(A) Proof of successful passage of the manufactured home/mobilehome or commercial modular salesperson examination as required by Section 5020(g)(5) of this subchapter;
(B) Proof of completion of a preliminary education program as required by Section 5302(c) of this subchapter; and
(C) The original salesperson license application fee specified in Section 5040(d)(1) of this subchapter as required by 5020(g)(6) of this subchapter.
(i) 90-Day Certificate Holder Converting to a Salesperson License Holder.
(1) All 90-day certificate holders, wishing to convert to a licensed salesperson, shall provide the department with the following no later than three months after the expiration of their 90-day certificate:
(A) Proof of successful passage of the manufactured home/mobilehome or commercial modular salesperson examination as required by Section 5020(g)(5) of this subchapter;
(B) Proof of completion of a preliminary education program as required by Section 5302(c) of this subchapter; and
(C) The original salesperson license application fee specified in Section 5040(d)(1) of this Chapter as required by 5020(g)(6) of this subchapter.
(D) Items required by subparagraphs (A), (B), and (C) of this subdivision shall be provided to the department accompanied by the 90-day certificate.
(2) Notwithstanding the three-month period permitted for completion of the salesperson application process outlined in Section 5020(i)(1) of this subchapter above, no holder of an expired 90-day certificate shall act in the capacity of a 90-day certificate holder or licensed salesperson until receiving a valid certificate or salesperson license.
(3) Conversion applicants failing to comply with the provisions of Section 5020(i)(1) of this subchapter shall meet all salesperson license application requirements as a new applicant in accordance with Section 5020(g) of this subchapter.
Note: Authority cited: Sections 18015, 18031, 18050(c), 18052 and 18075, Health and Safety Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 18001.8, 18053.5 and 18056.2, Health and Safety Code; and Sections 11077.1 and 11102.1, Penal Code.
s 5020.5. License and 90-Day Certificate Application Review and Notice of Department Decision.
(a) Within 7 calendar days of receiving applications in the office designated on the application forms for an occupational license, the department shall review each license application received pursuant to this chapter, and notify the applicant in writing of either the acceptance of the application for filing, or the rejection of the application due to incompleteness or errors, specifically identifying the incompleteness or errors and what must be done in order to make the application complete and acceptable.
(b) Within 120 calendar days of receiving a completed and acceptable application, the department shall conduct an investigation pursuant to Health and Safety Code Section 18052 of each person identified on the application, and each proposed place of business within this state; determine if the provisions of law and this chapter applicable to the application have been satisfied, and either issue a license or a written notice of refusal. The written notice of refusal shall specify the reasons why approval may not be granted.
(c) A survey conducted pursuant to Government Code Section 15376 of the department's performance determined the minimum, median and maximum elapsed time between receipt of a completed application for a manufacturer, distributor, or dealer license or transportation decal and reaching a final decision; the results are as follows:
(1) Minimum: 21 calendar days
(2) Median: 63 calendar days
(3) Maximum: 463 calendar days
(d) A survey conducted pursuant to Government Code Section 15376 of the department's performance determined the minimum, median and maximum elapsed time between receipt of a completed application for a salesperson license and reaching a final decision; the results are as follows:
(1) Minimum: 15 calendar days
(2) Median: 57 calendar days
(3) Maximum: 344 calendar days
(e) The department may exceed the maximum time as provided in subsections (a) and (b), if any of the following occurs:
(1) the number of applications is 15 percent greater than for the same calendar quarter of the preceding year.
(2) the department's application processing is delayed due to fingerprint rejection or fingerprint processing by the California Department of Justice or the Federal Bureau of Investigation.
(f) For 90-day certificate applications, the department's processing times, from receipt of an application to either issuance of the certificate or refusal of issuance of the certificate, shall be as follows:
Minimum: 1 working day
Maximum: 7 working days
(g) The applicant may appeal directly to the Director of the Department and/or the Secretary of the Business, Transportation and Housing Agency for a timely resolution of any dispute arising from a violation of the time periods within which the department must process the application. The appeal shall be decided in the applicant's favor if the department has exceeded the established maximum time period of issuance or denial of the license or 90-day certificate and the department has failed to establish good cause for exceeding the time period. If the appeal is decided in the applicant's favor, the applicant shall receive full reimbursement of any and all filing fees paid to the department.
Note: Authority cited: Section 15376, Government Code; and Section 18052.6, Health and Safety Code. Reference: Section 15376, Government Code; and Sections 18050 and 18052.6, Health and Safety Code.
s 5021. Abbreviated Application for Applicants with Business or Personal History Irregularities.
(a) Occupational license applicants with previous business or personal history irregularities wishing to determine licensing eligibility may submit an abbreviated application with the following items:
(1) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Manufacturers, Distributors, and Dealers, Part A, form HCD OL 12 (Rev. 11/05), which is incorporated by reference.
(2) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Manufacturers, Distributors, Dealers and Salespersons, Part B, form HCD OL 29 (Rev. 11/05), which is incorporated by reference.
(3) For each applicant shown on Part A, fingerprints must be submitted through the Live Scan fingerprint process. Unless exempted by DOJ, applicants shall provide a properly completed and legible copy of form HCD OL 8016 (New 11/05), "Request for Live Scan Service", which is incorporated by reference, or the equivalent form provided by DOJ. The HCD OL 8016 form or DOJ equivalent form must provide evidence that the fingerprints have been submitted to DOJ and that the department is properly listed as the agency to receive any criminal history information. Applicants applying for an exemption from the Live Scan process must submit their exemption requests through the department on the forms prescribed by DOJ. Fingerprints must be processed by a law enforcement agency or a DOJ-certified fingerprint roller. Additional fingerprinting may be required if the submitted fingerprints are rejected by DOJ or the Federal Bureau of Investigation;
(4) Non-refundable original application fee, specified by Section 5040 of this subchapter.
(b) After the department has determined from the abbreviated application that an applicant is eligible, all other forms and items required by Section 5020 of this subchapter must be submitted to the department before a license or temporary permit will be issued.
Note: Authority cited: Section 18015, Health and Safety Code. Reference: Sections 18001.8, 18031, 18045, 18050, 18050.5 and 18052, Health and Safety Code; and Sections 11077.1 and 11102.1, Penal Code.
s 5022. Examinations.
(a) Each applicant for a dealer or salesperson license shall take and successfully complete an examination administered by the department as specified in this section. On or after January 1, 1987, each person applying for the manufactured home/mobilehome dealer or salesperson examination shall provide proof of having attended an approved preliminary education program within the six (6) month period prior to the date of application for the license examination. Proof of attendance shall be evidenced by a serial number of a Certificate of Completion issued pursuant to Section 5322.
(b) Applicants for a dealer license subject to the examination requirement shall successfully complete the Manufactured Home/Mobilehome Dealer Examination or, in the case of an applicant wishing to sell only commercial coaches, the Commercial Coach Dealer Examination.
(c) All applicants for a salesperson license shall successfully complete the Manufactured Home/Mobilehome Salesperson Examination or, in the case of an applicant wishing to sell only commercial coaches, the Commercial Coach Salesperson Examination.
(d) Holders of and applicants for a commercial coach dealers or salespersons license wishing to sell manufactured homes or mobilehomes will be required to take and successfully complete the applicable Manufactured Home/Mobilehome Examination.
(e) Holders of a valid salesperson license applying for a dealer license shall take and successfully complete the appropriate Dealer Examination.
(f) Holders of a continuously valid dealer license issued in this state on or after July 1, 1976, applying for a salesperson license will not be subject to the examination requirement.
(g) The examination of any applicant found leaving the prescribed examination area or using reference material of any kind before completion and return of the examination for correction or otherwise cheating will be given a failing grade.
(h) All disputes or questions concerning the department's examination questions, answers, or examination procedures shall be submitted to the department in writing.
(i) For each examination taken, the applicant shall pay a non-refundable fee as specified in Section 5040.
Note: Authority cited: Section 18015, Health and Safety Code. Reference: Sections 18053.5 and 18056.2, Health and Safety Code.
s 5023. Temporary Permits.
The department, after a preliminary investigation of department records and of the information provided by the applicant for an Occupational License, and determining compliance with the applicable provisions of Section 5020, may issue a temporary permit allowing the applicant to operate as a licensee for a period not to exceed 120 days pending the completion of the investigation of the applicant required by law. A temporary permit is subject to cancellation by the department as provided by law.
Note: Authority cited: Section 18015, Health and Safety Code. Reference: Section 18052, Health and Safety Code.
s 5023.5. 90-Day Certificate Contents and Posting.
(a) The 90-day certificate issued by the department shall contain but is not limited to the following information:
(1) The 90-day certificate holder's name;
(2) The employing dealership name, location of employment, and the dealer's occupational license number;
(3) The 90-day certificate effective date and expiration date; and
(4) The 90-day certificate number issued by the department.
(b) Upon delivery by the 90-day certificate holder of his or her 90-day certificate to the employing dealer, the employing dealer shall post the certificate in a place conspicuous to the public on the premises where the 90- day certificate holder is actually engaged in the selling or leasing of manufactured homes, mobilehomes, or commercial coaches for the employing dealer. The 90-day certificate shall be displayed continuously during the 90- day certificate holder's employment.
(c) An expired 90-day certificate shall not be posted at the dealer's place of business, but shall be returned to the 90-day certificate holder for forwarding to the department.
Note: Authority cited: Section 18015 and 18052.6, Health and Safety Code. Reference: Sections 18052.6, 18052.7 and 18063, Health and Safety Code.
s 5024. Established Place of Business Relocation, Elimination or Addition.
Any licensee relocating, eliminating or adding an established place of business shall notify the department at least ten (10) days prior to the effective date of the change.
(a) Manufacturers, dealers and/or distributors relocating the site of the established place of business must notify the department by the submittal of the following forms and items for each established place of business relocation.
(1) Occupational License Application for Manufactured Home/Mo - bilehome/Commercial Coach Manufacturers, Distributors, and Dealers, Part A.
(2) Occupational License Application for Manufactured Home/Mo - bilehome/Commercial Coach Manufacturers, Distributors, and Dealers, Part C, for each established place of business.
(3) Photographs: One photograph showing the exterior of the new office. In addition, manufacturers must submit one photograph showing the new manufacturing area.
(4) The Relocation of Business Fee specified by Section 5040.
(b) Manufacturers, dealers and/or distributors eliminating established places of business must notify the department by the submittal of Application for Occupational Licensing, Part A.
(c) Manufacturers adding an established place of business must notify the department by the submittal of the following forms and items for each new established place of business.
(1) Occupational License Application for Manufactured Home/Mob - ilehome/Commercial Coach Manufacturers, Distributors, and Dealers, Part A.
(2) Occupational License Application for Manufactured Home/Mo - bilehome/Commercial Coach Manufacturers, Distributors, and Dealers, Part C, for each new established place of business.
(3) Photographs of each new established place of business: one photograph showing the manufacturing area and one photograph of the exterior of the office.
(4) The original license application fee specified by Section 5040 for each new established place of business, prorated in accordance with Section 5030(g).
(d) Dealers adding an established place of business must notify the department by the submittal of the following forms and items for each new established place of business.
(1) Occupational License Application for Manufactured Home/Mo - bilehome/Commercial Coach Manufacturers, Distributors, and Dealers, Part A.
(2) Occupational License Application for Manufactured Home/Mo - bilehome/Commercial Coach Manufacturers, Distributors, and Dealers, Part C, for each new established place of business.
(3) Photographs of each new established place of business: one photograph showing the exterior of the office.
(4) A Letter of Authorization from, and a copy of any franchise or contractual agreement with, each manufacturer indicating its approval to sell manufactured homes, mobilehomes or commercial coaches at each new established place of business address (NOT required of used dealers).
(5) A list of any new manufacturers' names, addresses and brand names or model designations to be offered for sale.
(6) A list of names, home addresses and license numbers of all salespersons and managing persons to be employed at each new established place of business.
(7) The original license application fee specified by Section 5040 for each new established place of business, prorated in accordance with Section 5030(g).
(e) Distributors adding an established place of business must notify the Department by the submittal of the following forms and items for each new established place of business.
(1) Occupational License Application for Manufactured Home/Mo - bilehome/Commercial Coach Manufacturers, Distributors, and Dealers, Part A.
(2) Occupational License Application for Manufactured Home/Mo - bilehome/Commercial Coach Manufacturers, Distributors, and Dealers, Part C, for each new established place of business.
(3) One photograph showing the exterior of the office.
(4) A list of any new manufacturers' names, addresses and brand names or model designations to be distributed from each new established place of business.
(5) A copy of the warranty to be offered with the sale of new manufactured homes or mobilehomes.
(6) The original license application fee specified by Section 5040 for each new established place of business, prorated in accordance with Section 5030(g).
Note: Authority cited: Section 18015, Health and Safety Code. Reference: Sections 18045.6 and 18055, Health and Safety Code.
s 5025. Change of Ownership.
(a) Every licensee which is changing ownership structure by termination or addition of partners or incorporation, shall notify the department at least ten (10) days prior to the effective date of this change by the submittal of the following:
(1) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Manufacturers, Distributors, and Dealers, Part A, form HCD OL 12 (Rev. 11/05), which is incorporated by reference.
(2) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Manufacturers, Distributors, and Dealers and Salespersons, Part B, form HCD OL 29 (Rev. 11/05), which is incorporated by reference, for each new person shown on Part A.
(3) For each person shown on Part A, fingerprints must be submitted through the Live Scan fingerprint process. Unless exempted by DOJ, applicants shall provide a properly completed and legible copy of form HCD OL 8016 (New 11/05), "Request for Live Scan Service", which is incorporated by reference, or the equivalent form provided by DOJ. The HCD OL 8016 form or DOJ equivalent form must provide evidence that the fingerprints have been submitted to DOJ and that the department is properly listed as the agency to receive any criminal history information. Applicants applying for an exemption from the Live Scan process must submit their exemption requests through the department on the forms prescribed by DOJ. Fingerprints must be processed by a law enforcement agency or a DOJ-certified fingerprint roller. Additional fingerprinting may be required if the submitted fingerprints are rejected by DOJ or the Federal Bureau of Investigation;
(4) Two full facial photographs of each new person shown on Part A.
(5) For dealers only, a Certificate of Appointment, form HCD OL 28 (Rev. 11/05), which is incorporated by reference.
(6) For dealers only, proof of successful passage by each new person shown in Part A of the Mobilehome or Commercial Modular Dealer Examination, as required by law and Section 5022 of this subchapter, within six months prior to the application date.
(7) Change of ownership structure by incorporation or change of partner or corporate officer fee specified in Section 5040 of this subchapter, whichever is applicable.
(b) Every license which is a corporation changing the ownership structure by the termination or addition of officers, shall notify the department within at least ten (10) days after the effective date of the change by the submittal of the following:
(1) Notice of Change of Corporate Officer(s) and/or Director(s) form HCD OL 15 (Rev. 11/05), which is incorporated by reference;
(2) Occupational License Application for Manufactured Home/Mobilehome/Commercial Modular Manufacturers, Distributors, Dealers and Salespersons, Part B, form HCD OL 29 (Rev. 11/05), which is incorporated by reference, for each new officer.
(3) For each new officer and/or director, fingerprints must be submitted through the Live Scan fingerprint process. Unless exempted by DOJ, applicants shall provide a properly completed and legible copy of form HCD OL 8016 (New 11/05), "Request for Live Scan Service", which is incorporated by reference, or the equivalent form provided by DOJ. The HCD OL 8016 form or DOJ equivalent form must provide evidence that the fingerprints have been submitted to DOJ and that the department is properly listed as the agency to receive any criminal history information. Applicants applying for an exemption from the Live Scan process must submit their exemption requests through the department on the forms prescribed by DOJ. Fingerprints must be processed by a law enforcement agency or a DOJ-certified fingerprint roller. Additional fingerprinting may be required if the submitted fingerprints are rejected by DOJ or the Federal Bureau of Investigation;
(4) Two full facial photographs of each new officer, minimum size 1 1/4"x 1", taken from a maximum distance of six (6) feet.
(5) For dealers only, proof of successful passage by each new officer and/or director of the Manufactured Home/Mobilehome or Commercial Modular Dealer Examination, as required by law and Section 5022 of this subchapter, within six months prior to the application date;
(6) Addition of partner(s) or corporate officer(s), or elimination of partner or corporate officer fee specified in Section 5040 of this subchapter, whichever applicable.
Note: Authority cited: Section 18015, Health and Safety Code. Reference: Sections 18001.8, 18050, 18060 and 18065, Health and Safety Code; and Sections 11077.1 and 11102.1, Penal Code.
s 5026. Salesperson and 90-Day Certificate Holder; Employment or Change of Employment.
(a) Every dealer shall notify the department in writing within 10 days after the employment or termination of any salesperson.
(b) Every salesperson within 10 days of changing employment shall apply to the department for a replacement license by the submittal of a written notice on the form prescribed by the department and the change of employment fee specified in Section 5040(d)(3).
(c) Every dealer shall notify the department within 10 days after the dealer has terminated the employment of any 90-day certificate holder. Notification shall be provided on form HCD-OL 90A, "Application For 90-Day Certificate Change, Correction or Replacement," dated 4/91, as set forth in Section 5038. This form is provided by the department.
(d) Every 90-day certificate holder shall notify the department within ten days of a change of employment. Notification shall be provided on Form HCD-OL 90, "Application for Manufactured Home/Mobilehome/Commercial Coach 90-Day Certificate," dated 4/91, as set forth in Section 5020(h)(2). This form is provided by the department. The fee specified in 5040(d)(3) shall accompany the form.
After department acceptance of the application required in this subsection and the fee specified in Section 5040(d)(3), the department will issue a corrected 90-day certificate to the 90-day certificate holder.
Note: Authority cited: Section 18015, Health and Safety Code. Reference: Sections 18050, 18052.6 and 18060, Health and Safety Code.
s 5027. Change of Residence.
(a) Every licensee or holder of a transportation decal shall notify the department in writing within 5 days of any change in residence address along with the change of residence fee specified in Section 5040.
(b) Every 90-day certificate holder shall notify the department within 5 days of any change in residence address using form HCD-OL 90A, "Application for 90- Day Certificate Change, Correction or Replacement," dated 4/91, as set forth in Section 5038. The fee specified in Section 5040(e)(3) shall accompany the form. This form is provided by the department.
Note: Authority cited: Section 18015, Health and Safety Code. Reference: Sections 18050, 18052.6 and 18063, Health and Safety Code.
s 5028. Change of Personal Name.
(a) Every licensee or holder of a transportation decal shall notify the department in writing within 10 days of any change in his or her personal name along with the change in personal name fee specified in Section 5040.
(b) Every 90-day certificate holder shall notify the department within 10 days of any change in his or her personal name using form HCD-OL 90A, "Application For 90-Day Certificate Change, Correction or Replacement" dated 4/91, as set forth in Section 5038. This form is provided by the department.
Upon department receipt of the completed application form HCD-OL 90A and receipt of the fee required by Section 5040(e)(2), the department shall issue a corrected 90-day certificate to the 90-day certificate holder.
Note: Authority cited: Section 18015, Health and Safety Code. Reference: Sections 18050, 18052.6 and 18054(e), Health and Safety Code.
s 5029. Change of Franchise or Authorization.
Every manufacturer, distributor or dealer shall notify the department in writing within 10 days of the effective date of any change, addition or cancellation of any franchise, contractual agreement or authorization to sell manufactured homes, mobilehomes, or commercial coaches.
Note: Authority cited: Section 18045.6, Health and Safety Code. Reference: Section 18045.6, Health and Safety Code.
s 5030. Renewal of Licenses.
(a) It is the responsibility of each licensee to renew its license pursuant to the requirements of law and this chapter.
(b) Licensees who fail to make application for renewal for a license when required shall, in addition to the fees required pursuant to Section 5040, pay a penalty of 50 percent of the relevant license fee.
(c) Failure to renew a license before its expiration date results in automatic cancellation of the license. Any person whose license has expired cannot renew it and may receive a new one only by applying for a new license pursuant to the requirements of law and this chapter and paying the penalty prescribed in subdivision (b).
(d) Any check received for renewal that is subsequently dishonored and not reimbursed before the expiration date will result in the cancellation of the applicant's license.
(e) The following language shall become effective on January 1, 1984. Every occupational license issued to a manufacturer, distributor or dealer shall expire on the last day of the 24th month following the date of issuance of the temporary permit issued pursuant to Section 5023. Every occupational license renewed by a manufacturer, distributor or dealer shall be for a term of 24 months. The application to renew an occupational license held by a manufacturer, distributor or dealer must be either received by the department or postmarked during the month preceding the month of expiration. Applications postmarked or delivered in person to the department during the month of expiration shall be subject to a 50 percent penalty. A license may not be renewed after its expiration date.
(f) Salespersons' licenses expire on the last day of the 24th month following the date of issuance of the temporary permit pursuant to Section 5023. Renewal of a salesperson's license shall be for a 24-month term. Renewal may not be made more than 90 days prior to the expiration date. A 50% penalty fee shall be added if the renewal application and fee are not postmarked or received by the department 30 days prior to expiration.
(g) Licensees applying for a secondary place of business(es) license will be issued licenses for a term concurrent with the existing licensure term. Fees will be based on the applicable original application fee specified in Section 5040, but shall be prorated consistent with the remaining license term.
(h) Each licensee, when applying for renewal of a license, shall present documentation necessary to determine the licensee's eligibility to receive public benefits pursuant to chapter 5.5 of this division, beginning with section 5802.
Note: Authority cited: Section 18015, Health and Safety Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; and Sections 18054, 18054.7 and 18055, Health and Safety Code.
s 5032. Change of Supervising Managing Employee.
Every dealer shall notify the department within 5 days of a change in the designated supervising managing employee. Notification shall be provided on form HCD-OL 90, "Application For Manufactured Home/Mobilehome/Commercial Coach 90-Day Certificate," dated 4/91, as set forth in Section 5020(h)(2). The fee specified in Section 5040 (e)(8) shall accompany the form. This form is provided by the department.
Note: Authority cited: Sections 18015 and 18052.6, Health and Safety Code. Reference: Sections 18052.6 and 18052.7.
s 5034. Change of Employment Location.
(a) Every dealer shall notify the department within 15 days of any change in the employment location of any 90-day certificate holder in the dealer's employ by using form HCD-OL 90A, "Application For 90-Day Certificate Change Correction or Replacement," dated 4/91, as set forth in Section 5038. The fee specified in Section 5040(e)(9) shall accompany the form. This form is provided by the department.
(b) If the change in employment location also changes the person designated as the "Supervising Managing Employee," the dealer shall also comply with the notification requirements of Section 5032.
After department receipt of the completed application form(s) and receipt of the required fee(s), the department will issue a corrected 90-day certificate to the 90-day certificate holder.
Note: Authority cited: Sections 18015 and 18052.6, Health and Safety Code. Reference: Section 18052.6, Health and Safety Code.
s 5036. Replacement 90-Day Certificate.
A 90-day certificate holder shall request from the department, within 5 days of the loss or destruction of a certificate, the replacement of a lost or destroyed certificate by using form HCD-OL 90A "Application for 90-Day Certificate Change, Correction or Replacement," dated 4/91, as set forth in Section 5038. The form is provided by the department. Upon department receipt of the completed application form HCD-OL 90A and the fee required by Section 5040(e)(1), the department will issue a re placement 90-day certificate to the 90-day certificate holder. The department shall not be required to issue a replacement 90-day certificate if the 90-day certificate period has lapsed.
Note: Authority cited: Sections 18015 and 18052.6, Health and Safety Code. Reference: Section 18052.6, Health and Safety Code.
s 5038. Application Requirements For 90-Day Certificate Change, Correction Or Replacement.
(a) Application for change, correction, or replacement of a 90-day certificate shall be made using form HCD-OL 90A, "Application for 90-Day Certificate Change, Correction or Replacement," dated 4/91, as set forth in subsection (b). This form is provided by the department.
(b) Form HCD-OL 90A, "Application for 90-Day Certificate Change, Correction or Replacement," dated 4/91:
Note: Authority cited: Sections 18015 and 18052.6, Health and Safety Code. Reference: Section 18052.6, Health and Safety Code.
s 5040. Fees.
(a) Manufacturer and Distributor.
(1) Original License Application: Five hundred eighty-two dollars ($582) per year for each established place of business.
(2) Renewal of License: Five hundred dollars ($500) per year for each established place of business.
(b) Dealers.
(1) Original License Application: Five hundred eighty-two dollars ($582) per year for each established place of business.
(2) Renewal of License: Four hundred five dollars ($405) per year for each established place of business.
(c) Salesperson and 90-Day Certificate Holder.
(1) Original Salesperson License Application: Two hundred nineteen dollars ($219).
(2) Renewal of Salesperson License: One hundred fifty dollars ($150).
(3) Change of Salesperson or 90-Day Certificate Holder Employment Fee: Forty-five dollars ($45).
(4) Original 90-Day Certificate Application: One hundred thirty-four dollars ($134).
(d) Duplicate Licenses, 90-Day Certificates, and Reports of Change for All Licensees and 90-Day Certificate Holders.
(1) Duplicate License or 90-Day Certificate: Forty-five dollars ($45).
(2) Change in Business or Personal Name: Forty-five dollars ($45).
(3) Change in Business Mailing or Personal Address: Forty-five dollars ($45).
(4) Elimination of Partner or Corporate Officer: Seventy-two dollars ($72).
(5) Addition of Partner(s) or Corporate Officer(s): One hundred thirty dollars ($130).
(6) Relocation of Business: Three hundred fifty-eight dollars ($358).
(7) Change of Ownership Structure by Incorporation: Seventy-two dollars ($72).
(8) Change of Supervising Managing Employee: Forty-five dollars ($45).
(9) Change of Employment Location for 90-Day Certificate Holders: Forty-five dollars ($45).
(e) Examinations.
(1) Dealer Examination: One hundred ten dollars ($110) for each examination taken.
(2) Salesperson Examination: Eighty-six dollars ($86) for each examination taken.
(f) Investigative and Technical Services.
(1) One hundred ninety-six dollars ($196) provided the investigative or technical service does not exceed one hour. When the investigative or technical service exceeds one hour, the following fees shall apply:
(A) Second and subsequent whole hours: eighty-two dollars ($82).
(B) Each thirty (30) minutes, or fractional part thereof: forty-one dollars ($41).
(g) Information, Photocopying, Certification, Forms and Photos.
(1) Search for Information: Forty-five dollars ($45) per subject, whether information is found or not.
(2) Summary of Employment: Fifty-three dollars ($53) per licensee.
(3) Photocopies of Documents: Five dollars ($5.00) per page.
(4) Certified Copies of Documents: Twenty-five dollars ($25) per document.
(5) Certification of Information on File: Forty-five dollars ($45).
(6) Full facial photograph fee: One dollar and fifty cents ($1.50) per photo.
(7) Examination Study Guide: Twenty-nine dollars ($29).
(h) Statewide Licensee Lists.
(1) Manufacturers: Fifty-five dollars ($55).
(2) Dealers: Fifty-five dollars ($55).
(3) Distributors: Fifty-five dollars ($55).
(4) Salespersons: Sixty dollars ($60).
(i) Dealer Report of Sale Filing Fee: Twenty-five dollars ($25) for each report of sale filed with the department.
Note: Authority cited: Sections 18015, 18031 and 18052.6, Health and Safety Code. Reference: Sections 18031, 18045.6, 18050, 18052.6, 18053.5 and 18055, Health and Safety Code.
s 5041. Refunds.
Fees paid to the department pursuant to this chapter are not refundable, except in a case where the department has not already incurred expense, and a request is submitted in writing explaining circumstances for the refund justifying special consideration.
Note: Authority cited: Sections 18015 and 18031, Health and Safety Code. Reference: Section 18055, Health and Safety Code. (continued)