reglab/statecodes huggingface dataset:
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 1 - General › Section 5000 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This chapter is adopted in order to implement, interpret
						and make specific and otherwise carry out the MH-Unit and commercial modular
						occupational licensing requirements of Chapters 5, 6, and 7 (commencing with
						Section 1803) of Division 13, Part 2, of the Health and Safety Code and
						Sections 1797, et seq., of the Civil Code.
1.
						Repealer of Chapter 3, Subchapter 3 (Sections 5000-5005) and new Chapter 4
						(Sections 5000-5049, not consecutive) filed 12-10-80; effective upon filing
						(Register 80, No. 50). For history of former Chapter 4, see Register 77, No.
						24.
2. Repealer of Chapter 4 (Sections 5000-5049, not consecutive)
						and new Chapter 4 (Sections 5000-5083, not consecutive) filed 7-7-82 as an
						emergency; effective upon filing (Register 82, No. 28). For prior history, see
						Registers 82, No. 10, and 81, No. 39. A Certificate of Compliance must be
						transmitted to OAL within 120 days or emergency language will be repealed on
						11-4-82.
3. Certificate of Compliance including amendments
						transmitted to OAL 11-3-82 and filed 12-15-82 (Register 82, No.
						51).
4. Amendment filed 2-1-84; effective upon filing pursuant to
						Government Code Section 11346.2(d) (Register 84, No. 5).
5.
						Amendment of section and NOTE filed 1-29-2010; operative 1-29-2010 pursuant to
						Government Code section 11343.4 (Register 2010, No.
						5).
Note: Authority cited: Section 18015, Health and Safety
						  Code. Reference: Sections 18000-18066.5, Health and Safety Code; and Sections
						  1797 et seq., Civil Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 1 - General › Section 5001 - Application and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The provisions of this subchapter apply to all persons acting as a
					 manufacturer, distributor, dealer, or salesperson of MH-Units or commercial
					 modulars as defined by Sections 18000-18014.5 of the Health and Safety
					 Code.
(b) The provisions of this
					 chapter also apply to all persons acting in the capacity of a 90-day
					 certificate holder as defined in Section 5002 of this subchapter.
(c) These provisions regulate the
					 occupational licensing of and business practices of licensees regarding the
					 manufacture, alteration, sale or lease of MH-Units or commercial
					 modulars.
(d) To the extent
					 permitted by law, these provisions provide for regulation of transporters of
					 MH-Units and commercial modulars.
(e) These provisions regulate the application
					 process and requirements for the department and persons applying for a license
					 or 90-day certificate pursuant to law and this chapter.
1.
						Amendment of subsection (a) and new subsection (d) filed 2-1-84; effective upon
						filing pursuant to Government Code section 11346.2(d) (Register 84, No.
						5).
2. Amendment of subsection (a), adoption of subsection (b) and
						subsection renumbering, and amendment of subsection (e) and NOTE filed
						11-25-91; operative 12-26-91. (Register 92, No. 12).
3. Amendment of
						section and NOTE filed 1-29-2010; operative 1-29-2010 pursuant to Government
						Code section 11343.4 (Register 2010, No. 5).
Note: Authority cited: Sections 18015 and 18052.6,
						  Health and Safety Code. Reference: Sections 18007, 18008, 18008.7 and
						  18035-18066.5, Health and Safety Code; and Sections 1797-1797.7, Civil
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 1 - General › Section 5002 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions and those set forth or
						referenced in Health and Safety Code Sections 18000 through 18153, shall govern
						the activities under this chapter:
(a)
					 Accessory. Any additional structure, air-conditioning unit, driveway,
					 landscaping, skirting, awning, carport, shed, porch, or other items contracted
					 for and included in the purchase document for the purchase or lease of a
					 MH-Unit and/or its installation site.
(b) Acknowledged. When used in this chapter
					 means either notarized or attested to by a subscribing witness.
(c) Additional Business Location (ABL). This
					 term means the same as secondary business location. See the definition of
					 "Secondary Business Location" below.
(d) Advertising. Any statement,
					 representation, act or announcement intentionally communicated to any member of
					 the public by any means whatever, whether orally, in writing or otherwise,
					 generally for the purpose of arousing a desire to buy or patronize.
(e) Cash or cash equivalent. Includes, but is
					 not limited to:
(1) Cash, checks, money
					 orders, or drafts.
(2) Promissory
					 notes, bills of sale, certificates of ownership, or other intangible
					 property.
(3) Assignments of funds,
					 proceeds, contracts, rights, or other negotiable instruments.
(4) Any real or personal
					 property.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 2 - License and Business Requirements › Section 5010 - License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No person
					 acting as a manufacturer, dealer, distributor or salesperson shall do so from
					 any location without a current and valid occupational license issued pursuant
					 to law and this subchapter. Any person in violation of this section shall be
					 liable for appropriate fees pursuant to Section 5040 of this subchapter and a
					 penalty of 50 percent of the license fee in addition to any other civil and/or
					 criminal penalties.
(b) No person
					 acting as a manufacturer from any location shall deliver new MH-Units or
					 commercial modulars to this state for the purposes of sale, rent or lease,
					 without a current and valid manufacturer's license issued pursuant to law and
					 this chapter.
(c) Dealers and
					 manufacturers with more than one established place of business may have their
					 other business locations licensed either under one license as an additional
					 business location(s) or under a separate license with multiple locations. For
					 licenses with multiple locations, the main business location and each
					 additional business location shall be subject to only one original license
					 application and that license's renewal fees pursuant to Section 5040 of this
					 subchapter.
1.
						Certificate of Compliance including amendment transmitted to OAL 11-3-82 and
						filed 12-15-82 (Register 82, No. 51).
2. Amendment of subsections
						(a) and (e) filed 2-1-84; effective upon filing pursuant to Government Code
						Section 11346.2(d) (Register 84, No. 5).
3. Repealer of subsections
						(c)-(d) and subsection relettering filed 2-6-98; operative 3-8-98 (Register 98,
						No. 6).
4. Amendment of section and NOTE filed 1-29-2010; operative
						1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No.
						5).
5. Amendment of subsections (a) and (b), new subsection (c) and
						amendment of NOTE filed 3-7-2011; operative 4-6-2011 (Register 2011, No.
						10).
Note: Authority cited: Section 18015, Health and Safety
						  Code. Reference: Sections 18006.3, 18007, 18008, 18008.7, 18045, 18045.6 and
						  18062.2, Health and Safety Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 2 - License and Business Requirements › Section 5012 - Manufacturer's Established Place of Business

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The applicant for, or holder of, a MH-Unit or commercial
						modular manufacturer's license shall maintain a suitable site sufficient in
						size and furnishings to effect the manufacture, assembly, reconstruction or
						reconfiguration of MH-Units or commercial modulars.
1.
						Repealer of subsection (a) designator filed 2-6-98; operative 3-8-98 (Register
						98, No. 6).
2. Amendment of section and NOTE filed 1-29-2010;
						operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010,
						No. 5).
Note: Authority cited: Section 18015, Health and Safety
						  Code. Reference: Sections 18003.6, 18006.3, 18007, 18008, 18008.7 and 18045.5,
						  Health and Safety Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 2 - License and Business Requirements › Section 5013 - Dealer's Established Place of Business

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The applicant for, or holder of, a MH-Unit or commercial
						modular dealer's license shall maintain an established place of business. The
						office of an established place of business of a dealer must be constructed such
						that it is not temporary, transitory or mobile in nature. The office must
						comply with applicable construction standards and local zoning regulations. A
						MH-Unit or commercial modular is acceptable, provided that it is not a part of
						the dealer's inventory and is not being offered for or subject to sale while
						being used as an office, and otherwise meets the requirements of
						law.
1.
						Certificate of Compliance including amendment of subsection (a) transmitted to
						OAL 11-3-82 and filed 12-15-82 (Register 82, No. 51).
2. Repealer of
						subsection (a) and subsection (b) designator and amendment of remaining
						paragraph filed 2-6-98; operative 3-8-98 (Register 98, No. 6).
3.
						Amendment of section and NOTE filed 1-29-2010; operative 1-29-2010 pursuant to
						Government Code section 11343.4 (Register 2010, No.
						5).
Note: Authority cited: Section 18015, Health and Safety
						  Code. Reference: Sections 18003.6, 18007, 18008, 18008.7, 18045.5 and 18045.6,
						  Health and Safety Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 2 - License and Business Requirements › Section 5014 - Display Area. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Certificate of Compliance including amendment of subsection (b) transmitted to
						OAL 11-3-82 and filed 12-15-82 (Register 82, No. 51).
2. Repealer
						filed 11-25-91; operative 12-26-91. (Register 92, No.
						12).
Note: Authority cited: Sections 18015 and 18045.5(b),
						  Health and Safety Code. Reference: Sections 18045.5 and 18045.6, Health and
						  Safety Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 2 - License and Business Requirements › Section 5015 - Dealer Branch Locations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Certificate of Compliance including amendment transmitted to OAL 11-3-82 and
						filed 12-15-82 (Register 82, No. 51).
2. Amendment of subsection (b)
						filed 2-1-84; effective upon filing pursuant to Government Code section
						11346.2(d) (Register 84, No. 5).
3. Repealer filed 11-25-91;
						operative 12-26-91. (Register 92, No. 12).
Note: Authority cited: Section 18015, Health and Safety
						  Code. Reference: Section 18045.6, Health and Safety
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5020.5 - License and 90-Day Certificate Application Review and Notice of Department Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within seven (7) calendar days of receiving applications in the office
					 designated on the application forms for an occupational license, the department
					 shall review each license application received pursuant to this chapter, and
					 notify the applicant in writing of either the acceptance of the application for
					 filing, or the rejection of the application due to incompleteness or errors,
					 specifically identifying the incompleteness or errors and what must be done in
					 order to make the application complete and acceptable.
(b) Within 120 calendar days of receiving a
					 completed and acceptable application, the department shall conduct an
					 investigation pursuant to Health and Safety Code Section 18052 of each person
					 identified on the application, and each proposed place of business within this
					 state; determine if the provisions of law and this chapter applicable to the
					 application have been satisfied, and either issue a license or a written notice
					 of refusal. The written notice of refusal shall specify the reasons why
					 approval may not be granted.
(c) A
					 survey conducted pursuant to Government Code Section 15376 of the department's
					 performance determined the minimum, median and maximum elapsed time between
					 receipt of a completed application for a manufacturer, distributor, or dealer
					 license and reaching a final decision; the results are as follows:
(1) Minimum: 21 calendar days.
(2) Median: 63 calendar days.
(3) Maximum: 463 calendar
					 days.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5021 - Abbreviated Application for Applicants with Business or Personal History Irregularities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Occupational license applicants with
					 previous business or personal history irregularities wishing to determine
					 licensing eligibility may submit an abbreviated application with the following
					 items:
(1) One of the following:
(A) For manufacturer, dealer or distributor
					 applicants: An Application for MH-Unit/Commercial Modular Manufacturers,
					 Distributors, and Dealers, Part A, form HCD OL 12 (Rev. 06/09), which is
					 incorporated by reference.
(B) For
					 salesperson applicants: An Application for MH-Unit/Commercial Modular
					 Salesperson, Part A, form HCD OL 16 (Rev. 06/09), which is incorporated by
					 reference.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5023 - Temporary Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department, after a preliminary investigation of
						department records and of the information provided by the applicant for an
						Occupational License, and determining compliance with the applicable provisions
						of Section 5020 of this subchapter, may issue a temporary permit allowing the
						applicant to operate as a licensee for a period not to exceed 120 calendar days
						pending the completion of the investigation of the applicant required by law. A
						temporary permit is subject to cancellation by the department as provided by
						law.
1.
						Certificate of Compliance including amendment transmitted to OAL 11-3-82 and
						filed 12-15-82 (Register 82, No. 51).
2. Amendment filed 2-1-84;
						effective upon filing pursuant to Government Code Section 11346.2(d) (Register
						84, No. 5).
3. Amendment filed 1-29-2010; operative 1-29-2010
						pursuant to Government Code section 11343.4 (Register 2010, No.
						5).
Note: Authority cited: Section 18015, Health and Safety
						  Code. Reference: Section 18052, Health and Safety
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5023.5 - 90-Day Certificate Contents and Posting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The 90-day certificate issued by the
					 department shall contain, but is not limited to the following information:
(1) The 90-day certificate holder's
					 name.
(2) The employing dealership
					 name, location of employment, and the dealer's occupational license
					 number.
(3) The 90-day certificate
					 effective date and expiration date.
(4) The 90-day certificate number issued by
					 the department.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5024 - Established Place of Business Relocation, Elimination or Addition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any licensee relocating, eliminating or adding an
						established place of business shall notify the department at least ten (10)
						calendar days prior to the effective date of the change.
(a) Manufacturers, dealers and/or
					 distributors relocating the site of the established place of business must
					 notify the department by the submittal of the following forms and items for
					 each established place of business relocation:
(1) Application for MH-Unit/Commercial
					 Modular Manufacturers, Distributors, and Dealers, Part A, form HCD OL 12 (Rev.
					 06/09), which is incorporated by reference.
(2) Application for MH-Unit/Commercial
					 Modular Manufacturers, Distributors, and Dealers, Part C, for each established
					 place of business, form HCD OL 21 (Rev. 06/09), which is incorporated by
					 reference.
(3) Photographs: One (1)
					 photograph showing the exterior of the new office. In addition, manufacturers
					 must submit one (1) photograph showing the new manufacturing area.
(4) The Relocation of Business Fee specified
					 by Section 5040 of this subchapter.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5026 - Salesperson and 90-Day Certificate Holder; Employment or Change of Employment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every dealer
					 shall notify the department in writing within ten (10) calendar days after the
					 employment or termination of any salesperson on an Application for Occupational
					 License Change, Correction or Replacement, form HCD OL 18 (Rev. 06/09), which
					 is incorporated by reference.
(b)
					 Every salesperson within ten (10) calendar days of changing employment shall
					 apply to the department for a replacement license by the submittal of a written
					 notice on an Application for Occupational License Change, Correction or
					 Replacement, form HCD OL 18 (Rev. 06/09), which is incorporated by reference,
					 and the change of employment fee specified in Section 5040 of this
					 subchapter.
(c) Every dealer shall
					 notify the department within ten (10) calendar days after the dealer has
					 terminated the employment of any 90-day certificate holder. Notification shall
					 be provided on an Application for 90-Day Certificate Change, Correction or
					 Replacement, form HCD OL 90A, (Rev. 06/09), which is incorporated by
					 reference.
(d) Every 90-day
					 certificate holder shall notify the department within ten (10) calendar days of
					 a change of employment. Notification shall be provided on an Application for
					 MH-Unit/Commercial Modular 90-Day Certificate, form HCD OL 90, (Rev. 06/09),
					 which is incorporated by reference. The fee specified in Section 5040 of this
					 subchapter shall accompany the form.
(e) After department acceptance of the
					 application required in this subsection and the fee specified in Section 5040
					 of this subchapter, the department will issue a corrected 90-day certificate to
					 the 90-day certificate holder.
1.
						Amendment filed 2-1-84; effective upon filing pursuant to Government Code
						section 11346.2(d) (Register 84, No. 5).
2. New subsections (c) and
						(d) and amendment of subsection (b) and NOTE filed 11-25-91; operative
						12-26-91. (Register 92, No. 12).
3. Amendment of section and NOTE
						filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section
						11343.4 (Register 2010, No. 5).
Note: Authority cited: Section 18015, Health and Safety
						  Code. Reference: Sections 18007, 18008, 18008.7, 18050, 18052.6 and 18060,
						  Health and Safety Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5027 - Change of Residence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every licensee shall notify the
					 department in writing within five (5) calendar days of any change in residence
					 address on an Application for Occupational License Change, Correction or
					 Replacement, form HCD OL 18 (Rev. 06/09), which is incorporated by reference,
					 along with the change of residence fee specified in Section 5040 of this
					 subchapter.
(b) Every 90-day
					 certificate holder shall notify the department within five (5) calendar days of
					 any change in residence address using an Application for 90-Day Certificate
					 Change, Correction or Replacement, form HCD OL 90A (Rev. 06/09), which is
					 incorporated by reference. The fee specified in Section 5040 of this subchapter
					 shall accompany the form.
1.
						Certificate of Compliance as to 3-1-82 emergency order amending former section
						5027 filed 7-23-82 (Register 82, No. 31). See section 5040.
2.
						Certificate of Compliance including amendment transmitted to OAL 11-3-82 and
						filed 12-15-82 (Register 82, No. 51).
3. Amendment filed 11-25-91;
						operative 12-26-91. (Register 92, No. 12).
4. Amendment filed
						1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4
						(Register 2010, No. 5).
Note: Authority cited: Section 18015, Health and Safety
						  Code. Reference: Sections 18050, 18052.6 and 18063, Health and Safety
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5028 - Change of Personal Name

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every business licensee shall notify the
					 department in writing within ten (10) calendar days of any change in the
					 business name, including "Doing Business As" names and business name changes as
					 a result of business structure changes, such as changing to a partnership, a
					 limited liability company or a corporation; terminating, cancelling or
					 dissolution of the business on the Application for Occupation License Change,
					 Correction or Replacement, form HCD OL 18 (Rev. 06/09), which is incorporated
					 by reference, along with the change in business name fee specified in Section
					 5040 of this subchapter.
(b) Every
					 licensee shall notify the department in writing within ten (10) calendar days
					 of any change in his or her personal name on an Application for Occupational
					 License Change, Correction or Replacement, form HCD OL 18 (Rev. 06/09), which
					 is incorporated by reference, along with the change in personal name fee
					 specified in Section 5040 of this subchapter.
(c) Every 90-day certificate holder shall
					 notify the department within ten (10) calendar days of any change in his or her
					 personal name using an Application for 90-Day Certificate Change, Correction or
					 Replacement, form HCD OL 90A (Rev. 06/09), which is incorporated by
					 reference.
(d) Upon department
					 receipt of the completed Application for 90-Day Certificate Change, Correction
					 or Replacement, form HCD OL 90A (Rev. 06/09), and receipt of the fee required
					 by Section 5040 of this subchapter, the department shall issue a corrected
					 90-day certificate to the 90-day certificate holder.
1.
						Amendment filed 11-25-91; operative 12-26-91 (Register 92, No.
						12).
2. Change without regulatory effect amending NOTE filed 9-15-94
						pursuant to section 100, title 1, California Code of Regulations (Register 94,
						No. 37).
3. Amendment filed 1-29-2010; operative 1-29-2010 pursuant
						to Government Code section 11343.4 (Register 2010, No.
						5).
Note: Authority cited: Section 18015, Health and Safety
						  Code. Reference: Sections 18050, 18052.6 and 18054(e), Health and Safety
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5029 - Change of Franchise or Authorization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every manufacturer, distributor or dealer shall notify
						the department in writing within ten (10) calendar days of the effective date
						of any change, addition or cancellation of any franchise, contractual agreement
						or authorization to sell MH-Units or commercial modulars.
1.
						Amendment of section and NOTE filed 1-29-2010; operative 1-29-2010 pursuant to
						Government Code section 11343.4 (Register 2010, No.
						5).
Note: Authority cited: Section 18045.6, Health and
						  Safety Code. Reference: Sections 18007, 18008, 18008.7 and 18045.6, Health and
						  Safety Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5032 - Change of Supervising Managing Employee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every dealer shall notify the department within five (5)
						calendar days of a change in the designated supervising managing employee.
						Notification shall be provided on an Application for MH-Unit/Commercial Modular
						90-Day Certificate, form HCD OL 90 (Rev. 06/09), which is incorporated by
						reference.The fee specified in Section 5040 of this subchapter shall accompany
						the form.
1. New
						section filed 11-25-91; operative 12-26-91. (Register 92, No.
						12).
2. Amendment of section and NOTE filed 1-29-2010; operative
						1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No.
						5).
Note: Authority cited: Sections 18015 and 18052.6,
						  Health and Safety Code. Reference: Sections 18007, 18008, 18008.7, 18052.6 and
						  18052.7, Health and Safety Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5034 - Change of Employment Location

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every dealer shall notify the department
					 within 15 calendar days of any change in the employment location of any 90-day
					 certificate holder in the dealer's employ by using an Application for 90-Day
					 Certificate Change Correction or Replacement, form HCD OL 90A (Rev. 06/09),
					 which is incorporated by reference. The fee specified in Section 5040 of this
					 subchapter shall accompany the form.
(b) If the change in employment location also
					 changes the person designated as the supervising managing employee, the dealer
					 shall also comply with the notification requirements of Section 5032 of this
					 subchapter.
(c) After receipt of
					 the completed application form(s) and receipt of the required fee(s), the
					 department will issue a corrected 90-day certificate to the 90-day certificate
					 holder.
1. New
						section filed 11-25-91; operative 12-26-91. (Register 92, No.
						12).
2. Amendment filed 1-29-2010; operative 1-29-2010 pursuant to
						Government Code section 11343.4 (Register 2010, No.
						5).
Note: Authority cited: Sections 18015 and 18052.6,
						  Health and Safety Code. Reference: Section 18052.6, Health and Safety
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5036 - Replacement 90-Day Certificate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A 90-day certificate holder shall request from the
						department, within five (5) calendar days of the loss or destruction of a
						certificate, the replacement of a lost or destroyed certificate by using an
						Application for 90-Day Certificate Change, Correction or Replacement, form HCD
						OL 90A (Rev. 06/09), which is incorporated by reference. Upon department
						receipt of the completed application form HCD OL 90A and the fee required by
						Section 5040 of this subchapter, the department will issue a replacement 90-day
						certificate to the 90-day certificate holder. The department shall not be
						required to issue a replacement 90-day certificate if the 90-day certificate
						period has lapsed.
1. New
						section filed 11-25-91; operative 12-26-91. (Register 92, No.
						12).
2. Amendment filed 1-29-2010; operative 1-29-2010 pursuant to
						Government Code section 11343.4 (Register 2010, No.
						5).
Note: Authority cited: Sections 18015 and 18052.6,
						  Health and Safety Code. Reference: Section 18052.6, Health and Safety
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5038 - Application Requirements for 90-Day Certificate Change, Correction or Replacement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Application for change, correction, or replacement of a
						90-day certificate shall be made using an Application for 90-Day Certificate
						Change, Correction or Replacement, form HCD OL 90A (Rev. 06/09), which is
						incorporated by reference.
1. New
						section filed 11-25-91; operative 12-26-91. (Register 92, No.
						12).
2. Amendment filed 1-29-2010; operative 1-29-2010 pursuant to
						Government Code section 11343.4 (Register 2010, No.
						5).
Note: Authority cited: Sections 18015 and 18052.6,
						  Health and Safety Code. Reference: Section 18052.6, Health and Safety
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5040 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Manufacturer
					 and Distributor.
(1) Original License
					 Application: Five hundred eighty-two dollars ($582) per year for each main or
					 additional business location.
(2)
					 Renewal of License: Five hundred dollars ($500) per year for each main or
					 additional business location.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5041 - Refunds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Fees paid to the department pursuant to this chapter are
						not refundable, except in a case where the department has not already incurred
						expense, and a request is submitted in writing explaining circumstances for the
						refund justifying special consideration.
Note: Authority cited: Sections 18015 and 18031, Health
						  and Safety Code. Reference: Section 18055, Health and Safety
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5042 - Insufficient Checks. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer of section and amendment of NOTE filed 1-29-2010; operative 1-29-2010
						pursuant to Government Code section 11343.4 (Register 2010, No.
						5).
Note: Authority cited: Section 18015, Health and Safety
						  Code and Section 6157, Government Code. Reference: Section 1719, Civil Code;
						  and Section 18060, Health and Safety
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5043 - Dealer Report of Sale Filing Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Report of Sale Filing Fee specified by Section 5040 of
						this subchapter shall be paid to the department with each dealer's Report Sale
						filed pursuant to Health and Safety Code Section 18080.5.
1. New
						section filed 2-1-84; effective upon filing pursuant to Government Code Section
						11346.2(d) (Register 84, No. 5).
2. Amendment filed 1-29-2010;
						operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010,
						No. 5).
Note: Authority cited: Section 18015, Health and Safety
						  Code. Reference: Section 18031, Health and Safety
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 5 - Advertising Listing Agreements and Sales Practices › Section 5050 - General Advertising

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any advertised statements,
					 representations, or offers made in connection with the sale, attempted sale,
					 listing for sale, or attempted listing for sale of any MH-Unit or commercial
					 modular shall be clear, based on facts, and subject to the requirements of law
					 and this chapter.
(b) Any
					 advertisement by a dealer of a specific MH-Unit or commercial modular shall
					 include the dealer's name, its manufacturer or model name, year model and at
					 least one (1) of the following items:
(1) The
					 serial number assigned by its manufacturer.
(2) The federal label number.
(3) The department insignia number.
Year models are no longer current when ensuing year
						models are advertised or made available for purchase at retail by the
						manufacturers.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 5 - Advertising Listing Agreements and Sales Practices › Section 5051 - MH-Unit or Commercial Modular Condition and Physical Size

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Statements of the condition of a MH-Unit
					 or commercial modular must accurately reflect its known condition, and pictures
					 thereof must accurately depict its overall appearance.
(b) When advertising the size of a MH-Unit or
					 commercial modular, the size shall not include measurements of projections
					 beyond the exterior wall such as roof overhangs, hitches, drawbars, couplings,
					 bay windows or similar projections.
1.
						Amendment of section heading, section and NOTE filed 1-29-2010; operative
						1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No.
						5).
Note: Authority cited: Section 18015, Health and Safety
						  Code. Reference: Sections 18007, 18008, 18008.7 and 18061, Health and Safety
						  Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 5 - Advertising Listing Agreements and Sales Practices › Section 5052 - MH-Unit or Commercial Modular Availability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No dealer shall advertise a specific new
					 MH-Unit or commercial modular or a class thereof for sale, unless it is in the
					 dealer's possession, or is available to the dealer directly from the
					 manufacturer or distributor thereof under an enforceable contractual right of
					 delivery or retail authorization on file with the department between the
					 advertising dealer and the manufacturer or distributor.
(b) A dealer must sell advertised MH-Units or
					 commercial modulars at or below the advertised price irrespective of whether or
					 not the advertised price has been communicated to the purchaser.
(c) Dealers displaying models which contain
					 features, items or materials no longer available from the manufacturer, shall
					 disclose such facts to prospective purchasers of homes whose order is based
					 upon the display model.
1.
						Certificate of Compliance including amendment transmitted to OAL 11-3-82 and
						filed 12-15-82 (Register 82, No. 51).
2. Amendment of subsection (b)
						filed 2-6-98; operative 3-8-98 (Register 98, No. 6).
3. Amendment of
						section heading, section and NOTE filed 1-29-2010; operative 1-29-2010 pursuant
						to Government Code section 11343.4 (Register 2010, No.
						5).
Note: Authority cited: Section 18015, Health and Safety
						  Code. Reference: Sections 18007, 18008, 18008.7, 18061 and 18062.2, Health and
						  Safety Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 5 - Advertising Listing Agreements and Sales Practices › Section 5053 - Free Merchandise, Savings Claims and Rebates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No licensee shall advertise or represent
					 any merchandise, services, accessories or products as "free" with the purchase
					 of a MH-Unit or commercial modular if the MH-Unit or commercial modular can be
					 purchased from the advertiser at a lesser price without such "free"
					 merchandise, services, accessories or products. Advertisements for "free"
					 merchandise, services, accessories or products offered in consideration of such
					 things as "visit our showroom" shall clearly and completely describe the
					 conditions under which the "free" merchandise is offered.
(b) Dealers may advertise savings claims or
					 discount offers on new MH-Units or commercial modulars provided the
					 advertisement shows the difference between the dealer's advertised selling
					 price for cash and the manufacturer's suggested retail price, except sales tax,
					 registration fees, and finance charges. Such advertisements must include a
					 specific reference by words, figures, or both, to the manufacturer's suggested
					 retail price.
(c) Any
					 advertisements with reference to "rebates" on MH-Units or commercial modulars
					 shall clearly state the amount and source of the rebate. No dealer shall
					 advertise or offer a rebate with the purchase of a MH-Unit or commercial
					 modular if the advertised MH-Unit or commercial modular can normally be
					 purchased from the advertiser at a lesser price without such rebate.
1.
						Certificate of Compliance including amendment transmitted to OAL 11-3-82 and
						filed 12-15-82 (register 82, No. 51).
2. Amendment of subsection
						(a), repealer of subsection (b) and subsection relettering filed 2-6-98;
						operative 3-8-98 (Register 98, No. 6).
3. Amendment of section and
						NOTE filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section
						11343.4 (Register 2010, No. 5).
Note: Authority cited: Section 18015, Health and Safety
						  Code. Reference: Sections 18007, 18008, 18008.7, 18061, 18062 and 18062.2,
						  Health and Safety Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 5 - Advertising Listing Agreements and Sales Practices › Section 5054 - Dealer Added Charges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A dealer may not identify a separate charge or charges
						for services performed on a MH-Unit or commercial modular prior to delivery to
						the extent the dealer is or will be reimbursed for such expenditures by another
						party.
1.
						Certificate of Compliance including amendment transmitted to OAL 11-3-82 and
						filed 12-15-82 (Register 82, No. 51).
2. Amendment of section and
						NOTE filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section
						11343.4 (Register 2010, No. 5).
Note: Authority cited: Section 18015, Health and Safety
						  Code. Reference: Sections 18007, 18008, 18008.7, 18061, 18062 and 18062.2,
						  Health and Safety Code.
California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 5 - Advertising Listing Agreements and Sales Practices › Section 5055 - Financing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Credit terms
					 advertised shall include all charges required to place the transaction on a
					 time payment basis and must state any rates in compliance with Regulation Z.
					 Advertisements of terms which include escalated payments, balloon payments, or
					 pick-up payments shall clearly identify those payments as to their amounts and
					 times due and must state any rates in compliance with Regulation Z.
(b) Licensees shall not advertise statements
					 such as "no finance charge" unless there is no charge or time-price
					 differential whatsoever for placing the transaction on a time payment
					 basis.
(c) Licensees shall not make
					 claims such as "everybody financed," "no credit rejected," or words of a
					 similar nature unless the licensee is willing to extend such credit to each and
					 every individual under any and all circumstances.
(d) If qualifying words such as "on credit
					 approval," are used in conjunction with advertised credit terms, licensees
					 shall clearly state such qualifying words, unabbreviated, in type size no less
					 than one half ( ½ ) of the type size of the credit terms, and in close
					 proximity thereto.
1.
						Certificate of Compliance including amendment transmitted to OAL 11-3-82 and
						filed 12-15-82 (Register 82, No. 51).
2. Amendment of subsection (d)
						filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section
						11343.4 (Register 2010, No. 5).
Note: Authority cited: Section 18015, Health and Safety
						  Code. Reference: Sections 18036.5, 18061 and 18062, Health and Safety
						  Code.