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(continued)
(i) Applications for preliminary education course approval shall comply with Section 5340 of this subchapter.
Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Sections 18056, 18056.2 and 18056.4, Health and Safety Code.
s 5310. Minimum Standards for Continuing Education Courses.
(a) All continuing education courses shall comply with the provisions of this subchapter, except as provided in Section 5312 for correspondence courses.
(b) Course curriculum shall provide for no less than two (2) clock hours of continuing education for any one course.
(c) Course curriculum shall be related to the topics required by this subchapter or other topics related to manufactured housing sales requirements imposed by law or regulation. No course shall be approved which provides instruction in subjects relating to business promotion, office and business skills, or sales techniques.
(d) Course curriculum may set aside up to ten (10) minutes for every clock hour for open discussions between the instructor and the participants. This subsection is not intended to eliminate participant questions and instructor responses necessary to facilitate the participant's understanding during the course presentation.
(e) Breaks for meals and rest may be arranged as deemed appropriate by the course provider or instructor. Such time shall not intrude into the clock hours designated for the course.
(f) Courses may utilize oral, written, audio or audio-visual presentations or any combination of thereof. Audio and audio-visual presentations may contain voices and images of persons other than approved instructors.
(g) Except for courses consisting entirely of audio or audio-visual presentations, all courses shall be presented by only approved instructors. Courses presented entirely by audio or audio-visual means may be presented by the course provider or other person in the employ of the course provider, otherwise an approved instructor is required.
(h) Approved curriculums or course materials shall not be altered or eliminated, or new materials or topics shall not be introduced and used prior to the approval of the department. Applications to change approved courses shall comply with Section 5346 of this article.
(i) Applications for Continuing Education Course Approval shall comply with Section 5342 of this subchapter.
Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Sections 18056, 18056.2 and 18056.4, Health and Safety Code.
s 5312. Minimum Standards for Continuing Education Courses by Correspondence.
(a) Continuing education courses shall provide no less than two (2) clock hours of education. Such courses shall utilize written, audio or audio-visual lessons and a written examination to be completed after the lesson.
(b) Written instructions shall be provided by the course provider advising the licensee and proctor of the requirements of this section.
(c) For each one (1) clock hour to be earned, the examination shall contain no less than five (5) essay type questions related to the course topic. Thirty (30) minutes shall be permitted for the completion of each five (5) questions. Course providers shall rotate the examinations by administering the use of three (3) different examinations for each course. The examination shall be provided in a sealed envelope bearing instructions which read "TO BE OPENED IN THE PRESENCE OF AN APPROVED PROCTOR ONLY. VOID IF OPENED OTHERWISE . . . ." A return envelope shall be provided which is suitable for mailing and of sufficient size to accommodate an unopened or opened examination, and bears the name and address of the course provider.
(d) Approved proctors shall include the course provider, a notary public, an officer in the armed forces on active duty, an approved instructor or other approved course provider, an attorney, a librarian at a public or school library, or a representative of the department. No person related by blood, marriage, employment, or otherwise having a conflict of interest with a licensee, shall serve as a proctor for the licensee.
(e) The proctor shall be instructed to complete a certification form provided by the course provider which makes provisions for the following:
(1) The proctor's name and address and telephone number.
(2) The proctor's qualifying occupation, title or position.
(3) The licensee's name, address and license number issued by the department.
(4) A certification statement indicating the means used to identify the licensee, that the proctor has no conflict of interest with the licensee due to employment, relation by marriage or blood, that the examination envelope was found sealed and only broken in the proctor's presence, that the examination was completed by the licensee in the proctor's presence without the use of any written materials or aids of any kind, that the examination was not copied by any means, and that the examination was returned to the course provider by the proctor through the U.S. Mail, or by similar mailing services, or by personal delivery.
(5) The proctor's signature.
(f) The course provider or instructor shall grade the examination and notify the licensee of the results within ten (10) days of receipt. Should the licensee score less than 70 percent, the course provider shall provide the licensee with a second examination with different questions, to be taken under the same conditions as the first examination. Should the licensee score less than 70 percent on the second examination, the licensee has failed the course and may not attempt the examination again.
(g) No licensee shall be permitted to copy or reproduce any examination or portion thereof.
(h) All correspondence courses shall be completed within sixty (60) days of the registration date. For the purposes of this section, the registration date shall be the date the course provider mails or otherwise delivers the course material to the licensee as evidenced by the course provider's records. The registration date and completion date shall be printed in the instructions to the licensee.
(i) The course provider shall disqualify any licensee when the actions or omissions to act by either the licensee or the proctor result in a violation of this section.
If a licensee for whatever reason chooses not to complete a course and fails to return the examination, unopened, to the course provider within sixty (60) days of the registration date, the licensee shall be disqualified. The instructions to the licensee shall include a warning regarding disqualification as prescribed in this section.
(j) All disqualifications by course providers shall be reported to the department within ten (10) days.
(k) Once disqualified due to the licensee's acts or omissions to act, clock hour credits earned by correspondence after the disqualification shall not be accepted for the license renewal. A disqualification shall only extend to the end of any one licensure term.
(l) Each set of three (3) correspondence course examinations required by this section shall be used concurrently with the course approval period. When applying for course approval renewal, the course provider shall submit new examinations for use with the renewed course. Expired examinations shall not be used, but shall be maintained with the course provider's records.
(m) Applications for Continuing Education Course Approval shall comply with Section 5342 of this subchapter.
Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Sections 18056, 18056.2 and 18056.4, Health and Safety Code.
s 5314. Course Challenges.
(a) Course providers may provide for challenge examinations of approved continuing education courses. Course providers shall rotate the examinations by administering the use of three (3) separate examinations for each course. Examinations shall contain no less than five (5) essay type questions requiring written answers for each clock hour to be earned.
Challenge examinations shall be administered and corrected by the course provider or approved instructor only. The course provider shall establish the maximum time permitted for the examination, but in no case shall the time be less than thirty (30) minutes for each five (5) questions.
(b) No licensee shall be permitted to acquire more than six (6) clock hours of continuing education by challenges. The combination of challenges and approved equivalency pursuant to Section 5316 shall not exceed 50 percent of total clock hour requirements for any one person.
(c) Course challenge examinations, if permitted, shall be submitted along with the Application for Continuing Education Course Approval specified in Section 5342 of this subchapter.
Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Section 18056.2, Health and Safety Code.
s 5316. Claims of Equivalency.
(a) The department may grant continuing education clock hour credits for activities which have provided educational opportunities at least equivalent to attendance at approved continuing education courses as prescribed in this section.
(b) Acceptable alternative activities may include, but are not limited to the following:
(1) Instruction at an approved preliminary or continuing education course.
(2) Development or research of information or materials associated with an approved continuing education course or unapproved course if the curriculum would otherwise meet the requirements of this subchapter for a continuing education program.
(3) Authorship of published articles, periodicals or books on subjects relating to the requirements in laws or regulations governing manufactured housing sales.
(4) Instruction of, or attendance at, an education program not approved by the department for continuing education, but which is sufficiently related to manufactured housing activities.
(c) The department may grant up to a maximum of two (2) hours of continuing education clock hour credits for every one hour of equivalent activity.
(d) No licensee shall be granted clock hour credits for equivalents totalling in excess of fifty (50) percent of the licensee's total clock hour requirements. The combination of total clock hour credits earned by both challenges and equivalents shall not exceed fifty (50) percent of the total clock hour requirements.
(e) Applications for Equivalency Approval shall comply with Section 5352 of this subchapter and be received by the department prior to six (6) months before the license expiration date. Qualifying activities performed within the last six (6) months of the licensure term shall be applied to the next license renewal.
Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Section 18056.2, Health and Safety Code.
s 5318. Exemptions.
(a) As prescribed in law and this section, the department may grant exemptions from the continuing education requirement and renew an expiring license where the required clock hour credits have not been earned and one or more qualifying conditions exist.
(b) Qualifying conditions are those which are beyond the control of the licensee and have made it impossible for the licensee to acquire the required clock hour credits over the last six (6) months of the licensure term including:
(1) Health conditions or prescribed treatment of health conditions which are verified in writing by a physician and which have not allowed the licensee to work in the licensed capacity.
(2) Active duty in the military service with assignment to duty outside the state.
(c) Conditions relating to the convenience of the licensee such as travel and time needed to attend courses or disruption of employment will not be considered for exemption.
(d) Any licensee granted an exemption shall earn the clock hours originally required at the time of renewal, within ninety (90) days of the elimination of the condition which warranted the exemption and shall submit a revised application for license renewal to the department.
(e) Applications for Exemption shall comply with Section 5354 of this subchapter.
Note: Authority cited: Sections 18015 and 18056.2, Health and Safety Code. Reference: Section 18056.2, Health and Safety Code.
s 5320. Required Changes to Approved Courses.
(a) Whenever an approved course becomes inaccurate because of statutory or regulatory changes enacted after the course approval, the department shall provide the course provider a written notice of the change. The notice shall order the course provider to review the approved course and make appropriate changes.
(b) When changes to approved courses are ordered, the course provider shall be provided thirty (30) days to make the ordered changes or discontinue the use of the course.
(c) Course changes pursuant to this section shall be submitted to the department on an Application for Approval of Changes to Approved Courses specified in Section 5346 of this subchapter.
Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Section 18056.2, Health and Safety Code.
s 5322. Certificates of Completion.
(a) Within five (5) days of the completion of preliminary and continuing education courses, including correspondence courses and course challenges, course providers shall complete and issue a Certification of Completion to each participant completing the course. Course providers shall obtain the Certification of Completion from the department and provide the following information:
(1) A serial number.
(2) The course provider name, address and approval number(s).
(3) The instructor's name and approval number.
(4) The title and approval number of the course.
(5) The date and address of the course location, except for correspondence courses.
(6) The clock hour credit earned.
(7) The participant's name.
(8) The license number of licensees.
(b) In addition to the requirements of subsection (a), within five (5) days of the completion of each preliminary or continuing education course, including correspondence courses and course challenges, the course provider shall complete and submit a Certification of Course Presentation provided by the Department. The course provider shall provide the following information along with the fee specified in Section 5360:
(1) The course provider name and address.
(2) The instructor name and approval number.
(3) The title and approval number of the course.
(4) The type of course, either preliminary, or continuing education by correspondence, classroom or challenge.
(5) The date and address of the course or challenge, except for correspondence courses.
(6) The name of each person completing the course.
(7) The license number of each licensee.
(8) The clock hour credits earned.
(9) Any other information reasonably required by the department in order to assure compliance with this subchapter.
Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Sections 18056, 18056.2 and 18056.4, Health and Safety Code.
s 5324. Expiration of Course Approval.
(a) All preliminary and continuing education course approvals shall expire on the last day of the twenty-fourth (24th) month following the month of the original approval. No expired course shall be offered or presented.
(b) Course providers applying for renewal of course approvals shall make any amendments necessary to bring the course curriculum or material into compliance with statutory or regulatory changes enacted after the date of approval.
(c) Applications for renewal of course approval shall comply with Section 5344 of this chapter.
Applications should be received by the department ninety (90) days before the expiration date in order to allow processing and any review of course changes.
Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Sections 18056 and 18056.2, Health and Safety Code.
s 5326. Instructor Qualifications.
(a) Instructors for preliminary and continuing education courses shall meet at least one of the following qualifications:
(1) A bachelor's degree in a related field to that in which the person is to teach, from a college or university with accreditation approved by the U.S. Department of Education.
(2) Five (5) years full-time experience in the applicable field or course subject matter.
(3) Any combination of at least five (5) years of full-time experience and college level education in the applicable field or course subject matter.
(b) No licensee shall be approved as an instructor who has a record of license revocation, suspension, probation, or orders to pay fines or penalties pursuant to a hearing or stipulation and waiver resulting from departmental action against the licensee.
(c) No person having been convicted of a felony, a misdemeanor involving moral turpitude, or misdemeanor associated with manufactured housing sales, shall be approved as an instructor.
(d) Applications for Instructor Approval shall comply with Section 5348 of this chapter.
Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Sections 18056 and 18056.2, Health and Safety Code.
s 5328. Expiration of Instructor Approval.
(a) Instructor approvals shall expire on the last day of the twenty-fourth (24th) month following the month of the original approval.
(b) Instructors with expired approval shall not make preliminary or continuing education course presentations.
(c) Applications for Instructor Approval Renewal shall comply with Section 5350 of this chapter.
Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Sections 18056 and 18056.2, Health and Safety Code.
s 5330. Advertising Requirements.
Except for general advertisements of the availability of approved preliminary or continuing education courses, all specific advertisements for courses, whether printed or broadcasted, shall include the following:
(a) Course provider and instructor name(s).
(b) Course title.
(c) Course approval number issued by the department.
(d) The number of clock hours to be earned.
Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Sections 18056 and 18056.2, Health and Safety Code.
s 5332. Course Provider Notice Requirement.
Except for correspondence courses and course challenges, course providers shall notify the department of all course offerings at least ten (10) days prior to the starting date of each course by submittal of a form provided by the department. The course provider shall provider for the following information:
(a) Course provider and instructor name(s).
(b) Course title and approval number issued by the department.
(c) The scheduled date, time and location of the course presentation.
Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Sections 18056 and 18056.2, Health and Safety Code.
s 5334. Access and Denial to Course Offerings.
(a) No person shall be prohibited from attending approved courses because of their affiliations, memberships, or employment.
(b) Course providers may refuse enrollment or disqualify persons for failure to pay registration fees or for disruptive conduct during course presentations.
Note: Authority cited: Sections 18015 and 18056.2, Health and Safety Code. Reference: Sections 18056 and 18056.2, Health and Safety Code.
s 5336. Course Provider Attendance Controls and Record Keeping Requirements.
(a) Course providers shall conduct attendance controls during the course presentation and shall disqualify any person not physically present throughout the course presentation.
(b) Prior to the issuance of the Certificate of Completion specified in Section 5322, course providers shall verify the identity of each course participant, by review of a valid driver's license or identification card issued by the California Department of Motor Vehicles.
(c) Course providers shall maintain records of attendance documents, certificates of completion, certificates of course presentation and any challenge examinations for a minimum of three (3) years. For correspondence courses, records of the proctor's name, address and qualifying title or position, date and location of the examination, and copies of all examinations administered shall be maintained for a minimum of three (3) years.
(d) Course provider records shall be readily available for review by the department at the course provider's business location.
(e) The department may request that copies of course provider records be made and submitted to the department for review.
Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Sections 18020, 18056, and 18056.2, Health and Safety Code.
s 5338. General Requirements and Prohibitions.
(a) No person shall earn more than 25 percent of his or her required continuing education credits from a course provider who is licensed as a manufactured home and mobilehome dealer or salesperson and is the employee or employer of the person earning credits.
(b) All course provider ownership, address and telephone number changes shall be reported to the department on a form provided by the department within ten (10) days of the effective date of the change, along with the fee specified in Section 5360.
(c) Instructor name, address and telephone number changes shall be reported to the department on a form provided by the department within ten (10) days of the effective date of the change, along with the fee specified in Section 5360.
(d) The department shall not accept continuing education clock hour credits earned by challenge examinations as permitted in Section 5314, when the course provider is the licensee's employer or employee.
Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Sections 18031, 18056 and 18056.2, Health and Safety Code.
s 5340. Application for Preliminary Education Course Approval.
(a) Persons or entities seeking approval of a preliminary education course shall submit an Application for Preliminary Education Course Approval, form HCD OL ED 122 (Rev. 11/05), which is incorporated by reference, provided by the department. On the application form or as an attachment thereto, the applicant shall provide the following information and materials:
(1) The name, address and telephone number of the applicant.
If the applicant is not a natural person, the names and titles of all directors, officers or partners of the entity and the entity name, address and telephone number.
(2) A disclosure of any licenses issued by the department pursuant to this chapter to the individual course provider, any director, officer or partner of an entity.
(3) A disclosure of any convictions of any felonies or misdemeanors of any owner, director, officer or partner.
(4) Two full facial photographs of each individual owner and each director, officer or partner of an entity, minimum size 1 1/4"by 1", taken from a maximum distance of six feet.
(5) For each individual owner and each director, officer or partner of an entity unless already on file with the department in conjunction with a previous application, 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) A description as to how the course will be presented.
(7) Copies of all written, audio and audio-visual presentations, lessons, reference materials or other materials the course attendants will be provided or required to possess.
(8) An outline of the course curriculum with a designation of the time allotted to each segment of the curriculum. The outline shall reference any written materials, audio or audio-visual presentations, as provided in subsection (a)(7) above. Such outline shall contain all topics required by Section 5308 of this subchapter.
(9) A description of the method of attendance control and record keeping.
(10) The signature of the applicant certifying to the accuracy of the application and that the course will be presented as approved and conducted in a manner satisfying the intent of the law and requirements of this subchapter.
(b) The application shall be accompanied by the fee specified in Section 5360 of this subchapter for Preliminary Education Course Approval.
Note: Authority cited: Sections 18015 and 18052, Health and Safety Code. Reference: Sections 18031 and 18056.2, Health and Safety Code; and Sections 11077.1 and 11102.1, Penal Code.
s 5342. Application for Continuing Education Course Approval.
(a) Persons or entities seeking approval of a continuing education course shall submit an Application for Continuing Education Course Approval provided by the department. On the application form or as an attachment thereto, the applicant shall provide the information specified in Section 5340(a)1, 2, 3, 4, 5, 6, 7, 9, and 10, and the following:
(1) If the topic is not required by this subchapter, an explanation of the topic and how it relates to manufactured home and mobilehome sales and benefits a licensee.
(2) The course title which shall include reference to the course topic and an outline of the course curriculum with a designation of the time-allotted to each topic segment of the curriculum. The outline shall reference any written materials, audio and/or audio-visual presentations or reference materials the course attendees will be provided or required to possess.
(3) For correspondence courses, copies of all written, audio, and/or audio-visual lessons or presentations or other material provided or required to be possessed by those taking the course, the examination(s), instructions, warnings, certifications and envelopes in the form required by Section 5312.
(4) If challenge examinations are to be permitted, a copy of all examinations to be used and information as to the examination administration and maximum time permitted for completing the examination.
(5) The clock hours to be earned.
(b) The application shall be accompanied by the fee specified in Section 5360 for Continuing Education Course Approval or the Continuing Education Course by Correspondence Approval, whichever is appropriate.
Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Sections 18031 and 18056.2, Health and Safety Code.
s 5344. Application for Course Approval Renewal.
(a) Any course provider seeking renewal of a previously approved preliminary education or continuing education course shall submit an Application for Course Approval Renewal provided by the department. On the application or as an attachment thereto, the applicant shall provide the following information and materials:
(1) The name, address and telephone number of the applicant.
(2) The course approval number issued by the department.
(3) A disclosure of any change(s) to the course provider ownership and all information required in Section 5340(a)(1)(2)(3)(4) and (5) for each new director, officer or partner.
(4) A disclosure of any convictions of felonies or misdemeanors of any owner, director, officer, or partner since the original application.
(5) An itemized description of any change(s) to the course as originally approved.
(6) Copies of any changed or new material.
(7) For correspondence courses, a copy of the new examinations as required by Section 5312.
(8) The signature of the applicant certifying to the accuracy of the application.
(b) The application shall be accompanied by the fee specified in Section 5360 for Preliminary or Continuing Education Course Approval Renewal.
Note: Authority cited: Sections 18015 and 18056.2, Health and Safety Code. Reference: Sections 18031 and 18056.2, Health and Safety Code.
s 5346. Application for Approval of Changes to Approved Courses.
(a) Course providers seeking approval of voluntary changes or changes ordered by the department pursuant to Section 5320 of this subchapter, shall submit an Application To Change Approved Courses provided by the department. On the application form or as an attachment thereto, the applicant shall provide the following information:
(1) The name, address and telephone number of the applicant.
(2) The course approval number issued by the department.
(3) An itemized description of the change(s) to the course as originally approved.
(4) Copies of any changed or new material.
(5) If the change(s) is a voluntary change, an explanation of the purpose for the change.
(6) The signature of the applicant certifying to the accuracy of the application.
(b) The application shall be accompanied by the fee specified in Section 5360 for Approval of Changes to Approved Courses.
(c) The department shall require substantially altered courses to be submitted for approval pursuant to Sections 5340 or 5342. A substantially altered course is one requiring more than one and one half (1 1/2) hours for processing and review by the department.
Note: Authority cited: Sections 18015, and 18056.2, Health and Safety Code. Reference: Sections 18031 and 18056.2, Health and Safety Code.
s 5348. Application for Instructor Approval.
(a) Any person seeking approval to instruct preliminary or continuing education courses pursuant to this article, shall submit an Application for Instructor Approval, form HCD OL ED 124 (Rev. 11/05), which is incorporated by reference, provided by the department. On the application or as an attachment thereto, the applicant shall provide the following information:
(1) The name, address and telephone number of the applicant.
(2) The applicant's qualifications meeting the standards of Section 5326 of this subchapter.
(3) A disclosure of any licenses issued to the applicant by the department pursuant to this chapter.
(4) A disclosure of any convictions of misdemeanors or felonies.
(5) The applicant's signature certifying to the accuracy of the application.
(6) For each new applicant, 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), "Requests 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;
(7) Two full facial photographs, minimum size 1 1/4"by 1", taken from a maximum distance of six feet.
(b) The application shall be accompanied by the fee specified in Section 5360 of this subchapter for an Application for Instructor Approval.
Note: Authority cited: Sections 18015 and 18056, Health and Safety Code. Reference: Sections 18031 and 18056.2, Health and Safety Code; and Sections 11077.1 and 11102.1, Penal Code.
s 5350. Application for Instructor Approval Renewal.
(a) Any previously approved instructor seeking renewal shall submit an Application for Instructor Approval Renewal provided by the department at least thirty (30) days prior to the expiration of the instructor approval. The applicant shall provide the following information:
(1) The name, address and telephone number of the applicant.
(2) A disclosure of any licenses issued by the department to the applicant pursuant to this chapter since the original Application for Instructor Approval.
(3) A disclosure of any convictions of misdemeanors or felonies since the original application for instructor approval.
(4) The applicant's signature certifying to the accuracy of the application.
(b) The application shall be accompanied by the fee specified in Section 5360 for an Application for Instructor Approval Renewal.
Note: Authority cited: Sections 18015 and 18056.2, Health and Safety Code. Reference: Sections 18031 and 18056.2, Health and Safety Code.
s 5352. Application for Equivalency Approval.
(a) Any licensee seeking approval of activities believed to qualify under the provisions of Section 5316 of this subchapter shall submit an Application for Equivalency Approval provided by the department. The applicant shall provide the following information and materials.
(1) The applicant's name, address and telephone number.
(2) The applicant's license number issued by the department.
(3) A full description of the activities believed to qualify for equivalency along with substantiating materials and information, enabling the department to determine if the activities meet the provisions of Section 5316.
(4) The applicant's signature certifying to the accuracy of the application.
(b) The application shall be accompanied by the fee specified in Section 5360 for Application for Equivalency Approval.
Note: Authority cited: Sections 18015 and 18056.2, Health and Safety Code. Reference: Sections 18031 and 18056.2, Health and Safety Code.
s 5354. Application for Exemption.
(a) Licensees seeking an exemption from the continuing education requirements shall submit an Application for Exemption provided by the department, along with the Application for License Renewal. The applicant shall provide the following information and items:
(1) The applicant's name, address and telephone number.
(2) The applicant's license number issued by the department.
(3) A full description of the conditions believed to qualify for exemption pursuant to Section 5318, along with written substantiating information, documents or items.
(4) The applicant's signature certifying to the accuracy of the application.
(b) The application shall be accompanied by the fee specified in Section 5360 for Application for Exemption.
Note: Authority cited: Sections 18015 and 18056.2, Health and Safety Code. Reference: Sections 18031 and 18056.2, Health and Safety Code.
s 5356. Rejected Applications.
(a) For any application submitted pursuant to this subchapter which is found to be incomplete or in error, the department shall reject the application and provide the applicant with a written explanation identifying the deficiencies and what must be done in order to make the application complete and acceptable.
(b) All fees submitted with an application which is subsequently rejected shall be retained by the department.
(c) All rejected applications which are corrected and resubmitted to the department for approval pursuant to this subchapter, shall be accompanied by the fee specified in Section 5360 for Resubmittal of Corrected Applications.
Note: Authority cited: Sections 18015 and 18056.2, Health and Safety Code. Reference: Sections 18020, 18031 and 18056.2, Health and Safety Code.
s 5360. Fees.
(a) Application for Preliminary Education Course Approval. Five hundred eighty-eight dollars ($588).
(b) Application for Continuing Education Course Approval. Three hundred ninety-six dollars ($396) for the first four (4) hours plus eighty-seven dollars ($87) for each additional hour.
(c) Application for Instructor Approval. Four hundred seventy-two dollars ($472). Note:This fee does not apply to an instructor of a college or university with accreditation approved by the U.S. Department of Education or to a course provider applying for instructor approval.
(d) Application for Approval of Changes to Approved Courses. One hundred seventy-eight dollars ($178) for each course.
(e) Application for Equivalency Approval.
One hundred sixty-seven dollars ($167) for the first two (2) hours plus sixty-six dollars ($66) for each additional hour.
(f) Application for Exemption. Two hundred eleven dollars ($211).
(g) Application for Preliminary or Continuing Education Course Approval Renewal. One hundred twenty-seven dollars ($127), plus sixty-three dollars ($63) if changes are made to the course or related materials.
(h) Application for Instructor Approval Renewal.
One hundred eight dollars ($108).
(i) Resubmittal of Corrected Applications. Twenty-five percent of the original filing fee specified in this section not to exceed one hundred dollars ($100).
(j) Change of Ownership, Name or Address. Forty-five dollars ($45).
(k) Certification of Course Presentation. Twenty-two dollars ($22) plus seven dollars ($7) for each attendee in a classroom type course; three dollars ($3) for each correspondence course or course challenge.
Note: Authority cited: Section 18015, Health and Safety Code. Reference: Section 18031, Health and Safety Code.
s 5362. Denial of Approval.
(a) The department shall not approve any application for approval submitted pursuant to this subchapter when any of the following conditions exist:
(1) The requirements of this subchapter have not been satisfied.
(2) The applicant for Instructor Approval or Course Approval has been convicted of a felony, a misdemeanor involving moral turpitude, or a misdemeanor associated with manufactured home or mobilehome sales.
(3) The applicant for Instructor Approval or Course Approval is or was a holder of a license issued by the department pursuant to this chapter which has been revoked, suspended; or if the applicant has been placed on probation, or the licensee has been ordered to pay fines, penalties or restitution pursuant to a hearing or stipulation and waiver resulting from departmental action against the licensee.
(b) When the department denies approval of an application submitted pursuant to this subchapter, the department shall provide written notice to the applicant describing the reasons for denial and providing information as to appeal rights.
Note: Authority cited: Sections 18015 and 18056.2, Health and Safety Code. Reference: Sections 18056, 18056.2 and 18056.4, Health and Safety Code.
s 5364. Cancellation of Approval.
(a) Whenever the department discovers that a previously approved preliminary or continuing education course, instructor, or application is in violation of the provisions of this subchapter the department shall take enforcement action as prescribed in this section.
(b) If the violations can be corrected, the department shall provide written notice to the person responsible for the violations(s) and require correction within at least 20 days of the notice or such time as determined appropriate by the department.
(c) If the violations cannot be corrected, the department shall issue a written warning to the person(s) responsible for the violation(s) in which the violations(s) is identified and the recipient is ordered to immediately discontinue those activities which are in violation.
(d) If the violations were committed willfully, or when a person served with a written notice issued pursuant to this section fails to comply, the department shall cancel the approval status.
Note: Authority cited: Sections 18015 and 18056.2, Health and Safety Code. Reference: Section 18020, 18056, and 18056.2, 18056.4, Health and Safety Code.
s 5366. Appeals Procedure.
(a) Any person receiving a written notice issued pursuant to Sections 5362 or 6364, may request and shall be granted a presentation of views before the director or his or her designee. Such person shall file with the department a petition requesting a presentation of views. For the purposes of this section, a petition shall be a written request, briefly stating the grounds for the request.
(b) Upon receipt of a petition, the department shall set a time and place for the presentation of views and shall give the petitioner written notice thereof. The presentation of views shall commence no later than thirty (30) days after receiving the petition or such other time as requested by the petitioner if good and sufficient cause exists. Should the petitioner fail to appear at the scheduled time and place, the department may dismiss the petition without further action or take such other action as may be appropriate to obtain compliance.
(c) Within 30 days of the presentation of views, the department shall notify the petitioner in writing of the decision in the matter and the reasons therefor.
Note: Authority cited: Sections 18015 and 18056.2, Health and Safety Code. Reference: Section 18020, Health and Safety Code.
s 5368. Enforcement.
In order to enforce the provisions of the Health and Safety Code relating to preliminary and continuing education and this subchapter, representatives of the department shall be permitted to:
(a) enter at reasonable times and without advance notice, any premises where preliminary or continuing education courses are presented and monitor such presentation;
(b) examine and copy any records or documents required by this subchapter;
(c) require the submittal of copies or records required by this subchapter;
(d) take such other action permitted by law to carry out the requirements of law and this chapter.
Note: Authority cited: Sections 18015 and 18056.2, Health and Safety Code. Reference: Sections 18020 and 18056, Health and Safety Code.
s 5510. Application and Scope.
(a) The provisions of this chapter shall apply to manufactured homes, mobilehomes, multi-unit manufactured housing, commercial coaches, truck campers, and floating homes subject to registration with the department.
(b) Except as provided in Sections 5610, 5611, 5612, or 5613 the provisions of this chapter shall not apply to manufactured homes, mobilehomes, multi-unit manufactured housing, or commercial coaches installed on foundation systems pursuant to Section 18551 of the Health and Safety Code or a manufactured home, mobilehome, or multi-unit manufactured housing converted to a fixture and improvement to the real property pursuant to Section 18555 of the Health and Safety Code.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18008.7, 18075, 18075.5, 18075.55, 18075.6, 18075.7, 18084.7 and 18080.5, Health and Safety Code.
s 5511. Definitions.
The following definitions shall apply to the provisions of this chapter in addition to the definitions set forth in Health and Safety Code Sections 18001 through 18014.
(a) "Administrator" means a person appointed by the Superior Court, as documented by letter(s) of administration, to administer an estate and to dispose of any estate property when a person dies without a will.
(b) "Annual Registration Fee" means the fee required by Health and Safety Code Section 18114(a) that must be paid to the department annually for the renewal of the registration of each transportable section of a manufactured home, mobilehome, or commercial coach not installed as a real property unit or not otherwise subject to local property taxation.
(c) "Annual Renewal Fees" means the combination of three separate fees: (1) the annual registration fee; (2) the annual vehicle license fee: and (3) the annual Mobilehome Park Purchase Fund fee.
(d) "Annual Vehicle License Fee" means the fee required by Health and Safety Code Section 18115 that must be paid annually to the department for the renewal of the registration of a manufactured home, mobilehome, or commercial coach not installed as a real property unit. Annual Vehicle License fees are due per transportable section.
(e) "Application for Registration" means the appropriate documents, fees, and taxes required to report or amend the description, ownership, and/or location of a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home.
(f) "California Resale License Number" means the account number issued by the Board of Equalization to a taxpayer.
(g) "Certificate of Title" means the titling document, issued by the department which evidences the registered owner of a unit and if applicable, all legal owners of a unit.
(h) "CF Number" means a permanent vessel registration number assigned by the Department of Motor Vehicles to vessels undocumented in accordance with the federal standards under the Department of Navigation and Ocean Development. In California, these numbers are prefixed by the letters "CF" followed by four numbers and a two-letter suffix (e.g., CF 1234 AB).
(i) "Chain of Ownership" means the documentation necessary to establish the succession of the ownership from the registered owner on the permanent title record through any subsequent owners to and including the new registered owner of a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home.
(j) (Reserved)
(k) "Commercial Coach" has the same meaning as provided in Section 18001.8 of the Health and Safety Code. A commercial coach may consist of multiple transportable sections. For purposes of Chapter 5, "commercial coach" shall refer to each transportable section.
(l) "Company" means a corporation, partnership (general or limited), limited liability company or partnership, joint venture, sole proprietorship, or other form of business entity authorized by the laws of the State of California.
(m) "COMPRO" is an acronym for community property used in certain documents issued by the department.
(n) "Conservator" means the person appointed by the Superior Court as conservator of the estate for an audit, or the limited conservator of a developmentally disabled adult.
(o) "Co-owner" means two or more persons owning a interest in a unit as tenants in common, joint tenants, or as community property as more fully described in Health and Safety Code Section 18080.
(p) "Date of Sale or Lease" means (1) for sales or leases by or through a dealer, the date the transaction is completed as provided in Section 18080.5(e) of the Health and Safety Code and (2) for other sales or leases, the date the transferor of a unit has endorsed and delivered the titling document as provided in Section 18101 of the Health and Safety Code.
(q) "Dealer" means a person licensed by the department pursuant to Chapter 7 of the Health and Safety Code commencing with Section 18045.
(r) "Decal" means the tag issued by the department as described in Health and Safety Code Section 18092 or by DMV to indicate registration of a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home.
(s) "DMV" is the abbreviation for the State Department of Motor Vehicles.
(t) "Emancipated Minor" means any person less than 18 years old who meets one or more of the following requirements:
(1) Who has entered into a valid marriage, whether or not such marriage was subsequently dissolved; or
(2) Who is on active duty with any of the armed forces of the United States; or
(3) Who has received a declaration of emancipation from a Superior Court pursuant to Section 7122 of the Family Code.
(u) "Encumber the Title" means to record a lien against a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home by the addition or change of a legal owner or junior lienholder.
(v) "Escrow Identifying Information" means the following: (1) the escrow file number (2) the escrow agent's name; (3) the escrow agent's address; (4) the escrow agent's telephone number; (5) the buyer(s) name(s); and if the transaction is by or through a dealer; (6) the selling dealer's name; (7) the selling dealer's license number; and (8) the selling dealer's address.
(w) "Estate" means the estate of a deceased person(s).
(x) "Executor" means a person appointed as the executor of an estate by a Superior Court and who has obtained Letters Testamentary.
(y) "Floating home" has the same meaning as in Health and Safety Code Section 18075.55(d).
(z) "Formal Title Search" means a computer printout provided by the department which includes descriptive data of a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home and all current registered owner and legal owner information, and any subsequent issued notice of changes to that information that occurs within 120 days.
(aa) "Fully Exempt Agency" means the agency or person that qualifies a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, or truck camper for an exemption from registration fees, pursuant to Section 18076 of the Health and Safety Code.
(bb) "Guardian" means the person appointed by the Superior Court as the guardian of the estate for a minor.
(cc) "HCD" means the department as defined in Section 18002.8 of the Health and Safety Code.
(dd) "HCD Insignia" means the tab or tag issued by the department, as required by Section 18026 of the Health and Safety Code, to indicate compliance on the date of issue, with the department's safety and construction regulations. (continued)