reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 2 - Applications and Renewals › Section 18051.

18051. (a)  Except where the provisions of this part require the refusal to issue a license, the department may issue a probationary license subject to conditions to be observed by the licensee in the exercise of the privilege granted. The conditions to be attached to the exercise of the privilege shall not appear on the face of the probationary license, but shall, in the judgment of the department, be in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the department of the information contained therein.
(b)  Within 60 days after issuance of a probationary license, the applicant may demand, in writing, a hearing before the director or his or her representative.
(Added by Stats. 1981, Ch. 975, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 2 - Applications and Renewals › Section 18052.

18052. (a)  Pending the satisfaction of the department that the applicant meets the requirements under this article, it may issue a temporary permit to any person applying for a license for a period not to exceed 120 days while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant to the license. The department may cancel a temporary permit when it determines or has reasonable cause to believe that the application is incorrect, fraudulent, or incomplete, or that the temporary permit was issued in error. The temporary permit shall be invalid immediately when canceled by the department or when the applicant’s license has been issued or refused.
(b)  Upon refusal of the department to issue a license to an applicant, the applicant may demand, in writing, a hearing before the director or his or her representative within 60 days after notice of refusal and receipt of a statement of issues.
(Amended by Stats. 1985, Ch. 199, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 2 - Applications and Renewals › Section 18052.5.

18052.5. The department may issue a certificate of convenience to the executor, executrix, administrator, or administratrix of the estate of a deceased holder of a validly outstanding license issued under this part, or, if no executor, executrix, administrator, or administratrix has been appointed and until a certified copy of an order making the appointment is filed with the department, to the surviving spouse or another heir otherwise entitled to conduct the business of the deceased. The certificate shall permit that person to exercise the privileges granted by the license for a period of one year from and after the date of death. The department may issue necessary one-year renewals of that certificate pending, but not later than, disposal of the business and qualification of the vendee of the business or the surviving spouse, heir, or other persons for the license under the provisions of this part. The department may restrict or condition the certificate of convenience or the license and attach to the exercise of the privileges thereunder those terms and conditions as it determines are necessary for the protection of the public.
(Added by Stats. 1981, Ch. 975, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 2 - Applications and Renewals › Section 18052.6.

18052.6. (a)  Notwithstanding any of the provisions of this chapter, the department may, on a one-time-only basis, issue a 90-day certificate to an applicant for an original salesperson’s license. The certificate shall permit that person to exercise the privileges granted by the license for a period not to exceed 90 days from the date of issuance. Any person, while acting under the authority of the 90-day certificate, shall not execute any documents, contracts, or listing agreements, or accept any cash or cash equivalent, for the sale or lease of a new or used manufactured home.
(b)  Prior to the expiration of the 90-day certificate, the holder shall complete all other requirements prescribed under this chapter, in order to continue as a salesperson past the expiration date of the 90-day certificate.
(c)  The department may restrict or condition the 90-day certificate, and attach to the exercise of the privileges thereunder, those terms and conditions as it determines are necessary for the protection of the public.
(d)  The department may establish a fee to cover the costs for the issuance of the 90-day certificate.
(e)  The department shall report to the Legislature the number of 90-day certificates issued and the name and address of the employing dealer of the salesperson holding the certificate during the year 1990.
(Added by Stats. 1989, Ch. 875, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 2 - Applications and Renewals › Section 18052.7.

18052.7. No dealer shall employ more than three salespersons licensed pursuant to a 90-day certificate at his or her established place of business at any one time. In the case where a dealer has more than one established place of business, the dealer may employ up to three salespersons licensed pursuant to a 90-day certificate at each place of business. If a dealer employs a salesperson licensed pursuant to a 90-day certificate, the dealer shall designate a responsible managing employee who shall directly supervise those salespersons at each established place of business at which they are employed. The dealer shall bear full legal responsibility for all actions of employed salespersons licensed pursuant to a 90-day certificate.
(Added by Stats. 1989, Ch. 875, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 2 - Applications and Renewals › Section 18053.

18053. A person whose license has been revoked or whose application for a license has been denied shall not reapply for a license for a period of at least one year from the effective date of the decision revoking the license or denying the application, except, if the decision was entered under the authority of subdivision (a), (b), (g), or (j) of Section 18050.5 or subdivision (b) of Section 18060, a reapplication, accompanied by evidence satisfactory to the department that the grounds for that decision no longer exist, may be made earlier than that one-year period.
(Added by Stats. 1981, Ch. 975, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 2 - Applications and Renewals › Section 18054.

18054. (a)  The department, upon granting a license, shall issue to the applicant a license with a size and format established by the department containing at least the applicant’s name and address, the general distinguishing number assigned to the applicant and expiration date. For salespersons, the license shall also state the name and address of the employing dealer. The department may issue other forms of identification to licensees.
(b)  The department shall also furnish books and forms as it may determine necessary. All books, forms, and licenses shall remain the property of the department and may be taken up at any time for inspection.
(c)  A licensee shall promptly obtain a replacement license when the original is either lost or mutilated, and, in the case of a salesperson, when changing his or her name, employment, or residence address.
(d)  Whenever the department cancels, suspends, or revokes a license, the licensee or person in possession shall immediately return the license, documents, transportation decals, report of sales books, certificates, and other evidence of licensure to the department.
(Amended by Stats. 1996, Ch. 394, Sec. 3. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 2 - Applications and Renewals › Section 18054.7.

18054.7. (a)  Every occupational license issued to a manufacturer, distributor, dealer, or salesperson shall expire on the last day of the 24th month following the date of issuance of the temporary permit, pursuant to Section 18052.
(b)  Every occupational license renewed by a manufacturer, distributor, dealer, or salesperson shall be for a term of 24 months.
(c)  Applications to renew an occupational license held by a manufacturer, distributor, dealer, or salesperson shall be received by the department or postmarked during the month of expiration. An expired occupational license may be reinstated upon application for reinstatement to the department within 60 days of expiration. The application for reinstatement shall be accompanied with the payment of all renewal fees and a reinstatement fee equal to 50 percent of the renewal fee.
(d)  Holders of an expired occupational license shall discontinue all activities of a licensee until a new license or temporary permit is obtained from the department, except that an applicant for renewal may continue to operate with an expired occupational license, provided all other requirements of rules, regulations, and laws governing their activities are met, until the application for renewal is approved or denied.
(Amended by Stats. 1996, Ch. 394, Sec. 4. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 2 - Applications and Renewals › Section 18055.

18055. (a)  The department may require that fees shall be paid to the department for the issuance or renewal of a license to do business as a licensee. The fees shall reimburse the department for costs incurred in administration and enforcement of this chapter. The department may refuse to renew a license if a licensee has failed to pay any fees or penalties due the department pursuant to this part.
(b)  Any person required to be licensed under this chapter who fails to make application for a license when required shall, in addition to the fees required pursuant to subdivision (a), pay a penalty of 50 percent of the license fee.
(Amended by Stats. 1996, Ch. 394, Sec. 5. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 2.5 - Continuing Education › Section 18056.

18056. (a)  The Legislature has determined that it is in the public interest for consumer protection and service that all manufactured housing dealers and salespersons licensed under the provisions of this part comply with the continuing education requirements adopted by department regulations pursuant to this article. The provisions of this article shall not apply to those persons licensed only to sell commercial coaches.
(b)  The department shall adopt regulations implementing this article as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of the Administrative Procedure Act, the adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
(Amended by Stats. 1986, Ch. 552, Sec. 4. Effective August 22, 1986.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 2.5 - Continuing Education › Section 18056.1.

18056.1. In carrying out its duties under this article, the department shall take reasonable steps to solicit the assistance and advice of persons who are experts in the areas of mobilehome and manufactured housing and in education in the areas of mobilehome and manufactured housing, including the needs and benefits of continuing education as provided for in this article.
(Added by Stats. 1984, Ch. 1528, Sec. 8. Effective September 30, 1984.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 2.5 - Continuing Education › Section 18056.2.

18056.2. (a)  Any person licensed as a dealer or salesperson to sell manufactured homes or mobilehomes shall have completed approved educational courses, seminars, or conferences, or their equivalent, during the period preceding license renewal on the following basis:
(1)  For the first license renewal period subsequent to issuance of the license: 24 hours.
(2)  For the second license renewal period subsequent to issuance of the license: 12 hours.
(3)  For the third and subsequent license renewal periods subsequent to the issuances of the license: six hours.
(b)  The regulations shall prescribe all of the following:
(1)  A basis and method of qualifying educational programs, including course content and topic requirements, and instructors, the certification of attendance at which, or challenging the course of which, will satisfy the requirements of this article.
(2)  A procedure for evaluation of petitions based on a claim of equivalency with the requirements of subdivision (a), and a reasonable standard by which activity would be judged equivalent, including, but not limited to, instruction in manufactured housing educational programs, law, manufactured housing technical programs, or research.
(3)  A system of control and reporting qualifying attendance.
(4)  A statement of the conditions of exemption from the continuing education requirements established under this article, as well as a method of applying and qualifying for the exemption, for reason of health, military service, or other compelling cause.
(5)  Criteria for the content, availability, and procedures for no less than six hours of preliminary education courses or programs which shall be attended and successfully concluded by applicants for new dealers’ or salespersons’ licenses before the applicants take the licensing examinations.
(c)  In exercising the authority under this article, the department shall establish standards which will assure reasonable currency of knowledge as a basis for a level of manufactured housing practice which will provide a high level of consumer protection and service. The standards shall include, where qualified, generally accredited educational institutions, private vocational schools, correspondence institutions, educational programs and seminars of professional societies and organizations, other organized educational programs or technical subjects, or equivalent offerings.
(Amended by Stats. 1987, Ch. 1077, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 2.5 - Continuing Education › Section 18056.3.

18056.3. The department may amend or repeal any regulation adopted pursuant to this article in the same manner as provided for adoption of regulations, except that no amendment or repeal shall operate to deprive any licensee of the right to submit qualifying education completed pursuant to the amended or repealed regulation during his or her current license term, as a basis for license renewal.
(Added by Stats. 1984, Ch. 1528, Sec. 8. Effective September 30, 1984.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 2.5 - Continuing Education › Section 18056.4.

18056.4. On or after January 1, 1987, no dealer’s or salesperson’s license shall be issued or renewed unless the department finds that the applicant has completed the preliminary or continuing education required by this article. Any denial of license issuance or renewal is subject to Article 2 (commencing with Section 18050).
(Amended by Stats. 1985, Ch. 123, Sec. 2. Effective July 1, 1985.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 2.5 - Continuing Education › Section 18056.5.

18056.5. When the department finds that the evidence submitted in good faith by an applicant for a renewal license does not in fact qualify, it may extend the license for 90 days to allow the applicant to submit additional evidence to comply with this article. When the renewal license is issued during a grace period, it shall expire at the regular time otherwise provided for in this part.
(Added by Stats. 1984, Ch. 1528, Sec. 8. Effective September 30, 1984.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18058.

18058. It is unlawful, and a violation of this part, if a person to whom a license is issued is any of the following:
(a)  Not lawfully entitled thereto.
(b)  Has violated any of the provisions of this part or of Section 18613 or 18551, or any rule, order, or regulation issued pursuant thereto.
(c)  Has committed or omitted any of the acts or omissions set forth in Sections 18058.5 through 18063.5, inclusive.
The department, after notice and hearing, may suspend or revoke the license issued to a licensee upon determining that these acts or omissions occurred or are in existence.
(Amended by Stats. 1983, Ch. 1076, Sec. 39.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18058.1.

18058.1. (a)  Any manufacturer or dealer licensed under this part that has closed its place of business, or any salesperson licensed under this part no longer residing at the address last filed with the department, may be served with process issued pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code by registered mail at that place of business in the case of a manufacturer or dealer, or at the last address filed with the department in the case of a salesperson, unless the manufacturer, dealer, or salesperson has notified the department in writing of another address where service may be made.
(b)  This section shall apply to any manufacturer, dealer, or salesperson who is licensed under this part or whose license is renewed under this part, on or after the effective date of this section.
(Added by Stats. 1989, Ch. 1144, Sec. 3. Effective September 30, 1989.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18058.5.

18058.5. With respect to applications, it is unlawful to file an application for the license thereafter issued using a false or fictitious name not registered with the proper authorities, or to knowingly make any false statement or to knowingly conceal any material fact in the application for the license.
(Added by Stats. 1981, Ch. 975, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18059.

18059. With respect to taxation, fees, title, and registration, it is unlawful to do any of the following:
(a)  Use a false or fictitious name, knowingly make any false statement, or knowingly conceal any material fact in any application for title or registration of a manufactured home, mobilehome, or commercial coach, or otherwise commit a fraud in that application.
(b)  Fail to deliver to a transferee lawfully entitled thereto a properly endorsed title or registration.
(c)  Violate any of the terms or provisions of Part 5 (commencing with Section 10701) of Division 2 of the Revenue and Taxation Code or rules and regulations adopted pursuant thereto or adopted pursuant to Section 18015 of this part.
(Amended by Stats. 1983, Ch. 1076, Sec. 40.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18059.5.

18059.5. With respect to escrows and sales practices, it is unlawful to do any of the following:
(a)  Violate any of the terms or provisions of Chapter 5 (commencing with Section 18035), relating to purchase documents, receipts for deposit, escrow, and sales practices, or any rule, regulation, or order issued by the department pursuant thereto.
(b)  Intentionally withhold or provide false information to an escrow company or to any person or firm holding or acquiring an ownership or security interest in the manufactured home or mobilehome being sold or purchased.
(Amended by Stats. 1984, Ch. 1342, Sec. 11. Effective September 26, 1984. Operative January 1, 1985, by Sec. 39 of Ch. 1342.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18060.

18060. With respect to business operations, it is unlawful to do any of the following:
(a)  Make, or knowingly or negligently permit, any illegal use of any special permits, or report of sales books issued to or in favor of a licensee.
(b)  Submit a check, draft, or money order to the department for any obligation or fee due the department which is thereafter dishonored or refused payment upon presentation.
(c)  Fail to notify the department, within 10 days, of any change in the ownership or corporate structure of the licensee, or of the employment or termination of a mobilehome or commercial coach salesperson.
(Amended by Stats. 1996, Ch. 394, Sec. 6. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18061.

18061. With respect to advertising, it is unlawful:
(a)  To make or disseminate or cause to be made or disseminated before the public in this state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or by any other manner or means whatsoever, any statement which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, or to so make or disseminate or cause to be so disseminated any statement as part of a plan or scheme with the intent not to sell any manufactured home, mobilehome, or commercial coach or service so advertised at the price therein, or as so advertised.
(b)  To advertise or offer for sale or exchange in any manner, any manufactured home, mobilehome, or commercial coach not actually for sale at the premises of the dealer or available to the dealer through a listing agreement executed by the seller or from a manufacturer or distributor at the time of the advertisement or offer. However, this subdivision does not apply to advertising or offering for sale or exchange any used manufactured home, used mobilehome, or used commercial coach where the advertising or offering for sale is not contrary to any terms of a contract between the seller of the manufactured home, mobilehome, or commercial coach and the owner of the mobilehome park, and which manufactured home, mobilehome, or commercial coach is either in place on a lot rented or leased for human habitation within an established mobilehome park, or is otherwise located, pursuant to a local zoning ordinance or permit, on a lot where its presence has been authorized or its continued presence and use would be authorized for a total and uninterrupted period of at least one year.
(c)  To fail, within 48 hours, in writing, to withdraw any advertisement of a manufactured home, mobilehome, or commercial coach that has been sold or withdrawn from sale.
(d)  To advertise or represent a manufactured home, mobilehome, or commercial coach as a new manufactured home, mobilehome, or commercial coach if the manufactured home, mobilehome, or commercial coach has been previously installed as a model without also advertising that it was a model.
(e)  To advertise or otherwise represent, or knowingly to allow to be advertised or represented on his or her behalf, or at his or her established place of business, that no downpayment is required in connection with the sale of a manufactured home, mobilehome, or commercial coach when a downpayment is in fact required and the buyer is advised or induced to finance the downpayment by a loan in addition to any other loan financing the remainder of the purchase price of the manufactured home, mobilehome, or commercial coach.
(Amended by Stats. 1984, Ch. 1342, Sec. 14. Effective September 26, 1984. Operative January 1, 1985, by Sec. 39 of Ch. 1342.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18061.5.

18061.5. It is unlawful to do any of the following:
(a)  Willfully violate any law, or any rule or regulation adopted by the department, relating to manufactured homes, mobilehomes, or commercial coaches or the sale of manufactured homes, mobilehomes, or commercial coaches.
(b)  Fail to comply within a reasonable time with any written order of the department or any law enforcement agency.
(c)  Fail to meet the terms and conditions of a compromise agreement effected under the provisions of Section 18064.5.
(d)  Cause or allow the existence of any of the conditions specified in Section 18050.5 as a cause for refusal to issue a license.
(e)  Lend a license to any other person or knowingly permit the use thereof by another.
(f)  Display or represent any license not issued to the person as being his or her license.
(g)  Fail or refuse to surrender to the department, upon its lawful demand, any license or report of sales books, which is suspended, revoked, or canceled.
(h)  Permit any unlawful use of a license or report of sales books, issued to a licensee.
(i)  Photograph, photostat, duplicate, or in any way reproduce any license or facsimile thereof in such a manner that it could be mistaken for a valid license, or display or possess any photograph, photostat, duplicate, reproduction, or facsimile unless authorized by the provisions of this part.
(j)  Accept or encourage sales arranged or negotiated by unlicensed persons or salespersons while not employed by the dealer. For the purposes of this section, employment by a dealer shall mean employment reported to the department pursuant to Section 18060.
(Amended by Stats. 1996, Ch. 394, Sec. 7. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18061.6.

18061.6. (a) Notwithstanding the prohibition in subdivision (d) of Section 18061 or any regulation to the contrary, a dealer may, alternatively, post in a prominent location immediately outside the primary entrance to a new manufactured home, mobilehome, or commercial modular a conspicuous notice that the unit was previously installed as a model, display unit, or used for other occupancy. Additionally, a similarly conspicuous and prominent notice, requiring a buyer’s separate initials, shall be included in any purchase agreement for that unit.
(b) Notwithstanding Section 5050 of Title 25 of the California Code of Regulations, an advertisement of any new manufactured home, mobilehome, or commercial modular is not required to contain the year of manufacture of the unit provided the new unit is not more than three years old.
(c) Notwithstanding Section 5050 of Title 25 of the California Code of Regulations, an advertisement of any manufactured home, mobilehome, or commercial modular is not required to contain the model name of any unit if the model name is disclosed in a conspicuous and prominent notice, requiring the buyer’s separate initials, in any purchase agreement for that unit.
(Added by Stats. 2004, Ch. 567, Sec. 5. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18062.

18062. It is unlawful for a dealer to do any of the following:
(a)  Enter into a listing agreement that does not include a specified date upon which the agreement is to terminate.
(b)  Claim or take any secret or undisclosed amount of compensation, commission, fee, or profit prior to, or at the time that a contractual agreement is signed whereby all parties involved, after negotiation, have come to terms. However, this section shall not be construed to require the disclosure of any exclusive financial arrangements agreed upon between the dealer and any financial institution with regard to financial arrangements applicable solely to them.
(c)  Exercise any provision which allows the dealer an option to purchase the manufactured home, mobilehome, or commercial coach that is the subject of an agreement whereby a consumer authorizes or employs the dealer to arrange for its sale, purchase, or exchange, unless the dealer has, prior to exercising the option, revealed in writing to the consumer the full amount of the dealer’s profit in exercising the option and obtained the written consent of the consumer approving the amount of the profit.
(d)  Fail to disclose any liens or encumbrances of which the dealer had knowledge on a manufactured home, mobilehome, or commercial coach.
(Amended by Stats. 1984, Ch. 1528, Sec. 11. Effective September 30, 1984.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18062.5.

18062.5. It is unlawful for any manufacturer or distributor to coerce or attempt to coerce any dealer in this state to do any of the following:
(a)  Order or accept delivery of any manufactured home, mobilehome, or commercial coach, part or accessory thereof, appliance, equipment or any other commodity not required by law which shall not have been voluntarily ordered by the dealer.
(b)  Order or accept delivery of any manufactured home, mobilehome, or commercial coach with special features, appliances, accessories or equipment not included in the list price of the manufactured home, mobilehome, or commercial coach as publicly advertised by the manufacturer or distributor.
(c)  Order for any person any parts, accessories, equipment, machinery, tools, appliances, or any commodity whatsoever.
(d)  Participate in an advertising campaign or contest, any promotional campaign, promotional materials, training materials, showroom or other display decorations or materials at the sole expense of the dealer.
(e)  Enter into any agreement with the manufacturer or distributor or to do any other act prejudicial to the dealer by threatening to cancel a franchise or any contractual agreement existing between the dealer and manufacturer or distributor. Notice in good faith to any dealer of the dealer’s violation of any terms or provisions of the franchise or contractual agreement shall not constitute a violation of this section.
(Amended by Stats. 1983, Ch. 1076, Sec. 42.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18062.9.

18062.9. (a) A manufactured home manufacturer may sell manufactured homes, as defined in Section 18007, directly to a licensed California general building contractor, as described in Section 7057 of the Business and Professions Code, when all of the following conditions are met:
(1) The sale is for five or more manufactured homes in a calendar year.
(2) The manufactured homes are delivered directly to a building site and installed on a foundation system in accordance with Section 18551.
(3) The manufactured homes are installed within a single subdivision, as defined in Section 66424 of the Government Code, consisting of five or more parcels, and therefore require a tentative and final map pursuant to Section 66426 of the Government Code.
(b) A manufactured home manufacturer may sell manufactured homes, as defined in Section 18007, directly to a nonprofit corporation, as defined by Section 50091, that is also a Community Housing Development Organization, as defined in Section 92.2 of Title 24 of the Code of Federal Regulations, when all of the following conditions are met:
(1) The sale is for five or more manufactured homes in a calendar year.
(2) The manufactured homes are delivered directly to a site for installation by a dealer, as defined in Section 18002.6, or a contractor in accordance with Section 18551 or 18613.
(3) The manufactured homes are acquired and installed as part of a project financed by federal, state, or local government funds, and the homes will be sold or rented at affordable costs to low- and moderate-income households as established by the department for other affordable housing finance programs.
(Amended by Stats. 2009, Ch. 632, Sec. 4. (SB 251) Effective January 1, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18063.

18063. It is unlawful for a salesperson to do any of the following:
(a) At the time of employment, not deliver to his or her employing dealer his or her salesperson’s license or 90-day certificate.
(b) Fail to report in writing to the department every change of residence within five days of the change.
(c) Act or attempt to act as a salesperson while not employed by a dealer. For purposes of this subdivision, “employment by a dealer” means employment reported to the department pursuant to subdivision (c) of Section 18060.
(d) To violate Section 798.71 or 798.74 of the Civil Code, or both.
(e) When the salesperson is an owner or manager, or an agent of the owner or manager, of a mobilehome park and serves as the salesperson for a manufactured home or mobilehome to be installed or sold in the park, to knowingly violate Section 798.72, 798.73, 798.73.5, 798.75.5, or 798.83 of the Civil Code.
(Amended by Stats. 2004, Ch. 567, Sec. 7. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18064.

18064. The department may, pending a hearing, temporarily suspend the license issued to a licensee for a period not to exceed 30 days if the director finds that the action is required in the public interest. In any such case, a hearing shall be held and a decision thereon issued within 30 days after notice of the temporary suspension.
(Added by Stats. 1981, Ch. 975, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18064.2.

18064.2. (a)  If the director determines through an investigation that a person has engaged or is engaging in an activity which is a violation of this part, or which is a violation of a regulation of the department adopted for the purpose of implementing this part, and if the director finds that the action is required in the public interest, he or she may direct the person to desist and refrain from that activity by issuance of an order specifying the nature of the activity and the factual and legal basis for his or her determination. The respondent to whom the order is directed shall immediately, upon receipt of the order, cease the activity described in the order.
(b)  The respondent may, within 30 days after service of the order to desist and refrain, file a written request for a hearing to contest the order.
(c)  If a written request for hearing is received within 30 days of the date of service of the order, a hearing shall be held. The hearing shall be commenced within 30 days after receipt of respondent’s request unless the respondent agrees to a postponement. If the hearing is not held and a decision rendered by the director within 30 days after receipt of respondent’s request for a hearing, or the date to which continued with respondent’s consent, the order shall be deemed rescinded.
(d)  If a person served with an order issued pursuant to this section fails to file a written request for a hearing within 30 days from the date of service of the order, the order shall be deemed a final order of the director and shall not be subject to review by any court or agency.
(Added by Stats. 1987, Ch. 707, Sec. 8.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18064.5.

18064.5. (a)  The director may, following the filing of an accusation against a licensee under this part and prior to conducting a hearing, exercise an option, with the consent of the licensee, to enter into and adopt a stipulated penalty whereby the licensee agrees to accept the terms and conditions of the penalty without hearing or appeal by any party thereto.
(b)  Except when the accusation alleges injury to, or fraud against, the public or the state, the director may, following the filing of an accusation against a licensee or prior to adopting any recommendation resulting from a hearing, exercise an option, with the consent of the licensee, to impose and require the payment of a monetary penalty of a minimum and maximum amount for each violation alleged and stipulated to by the licensee, as established by a schedule under regulations adopted by the department and costs of investigation and prosecution, without further hearing or appeal, and without any other form of penalty against the licensee which may otherwise have been imposed for the same offense or offenses had the matter proceeded to hearing or had the director adopted the decision of the hearing officer.
(c)  If the accusation alleges injury to, or fraud against, an individual purchaser or potential purchaser, the director may enter into an agreement pursuant to subdivision (b), but such a compromise and settlement shall include, in addition to the monetary penalty set forth by regulation, compensation for the injury or fraud, including all costs of investigation and prosecution.
(d)  Each compromise settlement agreement and each monetary penalty agreement entered into pursuant to this section shall be signed by the respondent licensee, the director, and the accuser, or by their authorized representatives, and filed with the Office of Administrative Hearings, together with the department’s notice of withdrawal of the accusation upon which the action was initiated if the compromise settlement agreement or monetary payment agreement is entered into before the hearing.
(e)  Failure of the respondent to honor the terms and conditions of any agreement entered into under this section shall render the agreement null and void, and shall be cause for action pursuant to Section 18058 in the same manner as the department may have otherwise proceeded, notwithstanding the agreement.
(f)  The amount of the penalty provided for in subdivision (b) shall not exceed five hundred dollars ($500) per violation and shall be based upon the nature of the violation and the seriousness of the violation against the purposes and provisions of this part.
(Added by Stats. 1981, Ch. 975, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18065.

18065. The licenses or permits provided for in this part shall be automatically canceled upon any of the following events:
(a)  The abandonment of the established place of business of the licensee or the change thereof without notice to the department as provided in this part.
(b)  The voluntary or involuntary surrender for any cause by the licensee of the license. However, the surrender or cessation of business by the licensee, or the suspension of the corporate charter of the licensee by the state, shall not prevent the filing of an accusation for revocation or suspension of the surrendered license as provided in Section 18058 or the department’s decision that the license should be suspended or revoked. Furthermore, this determination may be considered in granting or refusing to grant any subsequent license authorized by this part to the licensee, copartner, or any officer, director, or stockholder of the prior licensee.
(c)  Notification that the person designated as licensee has changed.
(d)  Suspension or cancellation of the corporate charter of the licensee by the state.
(e)  Failure of a licensee to file an application for renewal for the license or permit before the date of expiration of the current license or permit.
(f)  Submittal of a check, draft, or money order to the department for a license or license renewal fees due the department which is thereafter dishonored or refused payment upon presentation and which fees and penalty are not thereafter paid by cash, money order, or cashier’s check prior to the expiration of the license.
(Amended by Stats. 1991, Ch. 506, Sec. 4.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18065.5.

18065.5. The revocation or suspension of a license may be limited to one or more municipalities or counties or any other defined area, or may be revoked or suspended in a defined area only as to certain aspects of its business, or as to a specified licensee or licensees.
(Added by Stats. 1981, Ch. 975, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18066.

18066. The suspension, expiration, or cancellation of a license provided for in this part shall not prevent the filing of an accusation for the revocation or suspension of the suspended, expired, or canceled license as provided in Section 18058, and the department’s decision that the license should be suspended or revoked. This determination may be considered in granting or refusing to grant any subsequent license authorized by this part to the licensee.
(Amended by Stats. 1991, Ch. 506, Sec. 5.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7 - Occupational Licenses › ARTICLE 3 - Infractions and Penalties › Section 18066.5.

18066.5. If a purchaser of a manufactured home, mobilehome, or commercial coach pays to the dealer an amount for transfer of title of the manufactured home, mobilehome, or commercial coach, which amount is in excess of the actual fees due for the transfer, or which amount is in excess of the amount which has been paid, prior to the sale, by the dealer to the state in order to avoid penalties that would have accrued because of late payment of the fees, the dealer shall return the excess amount to the purchaser, whether or not the purchaser requests the return of the excess amount.
(Amended by Stats. 1983, Ch. 1076, Sec. 45.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7.5 - Manufactured Home Recovery Fund › Section 18070.1.

18070.1. (a)  On and after January 1, 1985, before a dealer’s license is issued or renewed, each applicant shall pay a fee of two hundred fifty dollars ($250).
(b)  (1)  The fee required by subdivision (a) shall not be collected more than once. In addition, each dealer shall pay a fee of one hundred dollars ($100) for each additional business location operated by the dealer and for each new business location.
(2)  In addition, before a salesperson’s license is issued or renewed, each applicant shall pay a fee of twenty-five dollars ($25). This fee shall not be collected more than once.
(c)  For each sale of a manufactured home reported to the department, a fee not to exceed ten dollars ($10) shall be collected by the department for deposit in the Manufactured Home Recovery Fund prior to the issuance of a new registration.
(Amended by Stats. 1992, Ch. 1206, Sec. 2. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7.5 - Manufactured Home Recovery Fund › Section 18070.2.

18070.2. (a) Fees for the establishment and operation of the Manufactured Home Recovery Fund shall be collected on or after January 1, 1985. Claims against the fund arising from sales which occur after January 1, 1985, may not be submitted to the department before January 1, 1986. For purposes of this section, the date of sale shall be either of the following:
(1) The date escrow closes for sales by dealers that are subject to Section 18035 or 18035.2.
(2) For all other sales, including sales by dealers in which escrow does not close, the date when the purchaser has paid the purchase price or, in lieu thereof, has signed a security agreement, option to purchase, or purchase contract and has taken physical possession or delivery of the manufactured home.
(b) Notwithstanding any other provision of law, whenever the balance in the Manufactured Home Recovery Fund exceeds two million dollars ($2,000,000) on January 1 of any year, the department may reduce the fee provided for in subdivision (c) of Section 18070.1. The department may again increase the fee up to a maximum of ten dollars ($10) whenever the balance in the fund falls below one million dollars ($1,000,000).
(Amended by Stats. 2011, Ch. 239, Sec. 3. (SB 562) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7.5 - Manufactured Home Recovery Fund › Section 18070.4.

18070.4. The judgment debtor shall be liable for repayment in full for the amount arising from claims against the debtor which are paid from the fund, with interest at the prevailing prime rate. A discharge in bankruptcy shall not relieve a person from the disabilities and penalties of this section.
(Added by Stats. 1984, Ch. 1442, Sec. 4.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 2 - MANUFACTURED HOUSING › CHAPTER 7.5 - Manufactured Home Recovery Fund › Section 18070.5.

18070.5. When the department has caused payment to be made from the fund to any person, the department shall be subrogated to the rights of that person.
(Amended by Stats. 2004, Ch. 236, Sec. 4. Effective January 1, 2005.)