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 5011 - Books and Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Pertinent books and records of a licensee which relate to the manufacture,
					 purchase, sale, rental, transportation or lease of MH-Units or commercial
					 modulars must be available for inspection during normal work hours without
					 prior notice. In the case of an out of state manufacturer, pertinent books and
					 records or copies thereof shall be delivered or mailed to the department for
					 inspection within ten (10) calendar days of a written request from the
					 department.
(b) In the case of a
					 dealer, pertinent books and records include, but are not limited to, invoices;
					 certificates of origin; identification numbers; report of sales books; purchase
					 documents; lease or rental agreements; receipts for deposit; documents
					 submitted into escrow for the preparation of escrow instructions; escrow
					 instructions; and any other records which relates to the purchase, sale, rental
					 or lease of any MH-Unit or commercial modular within this state.
(c) In the case of a manufacturer or
					 distributor, pertinent books and records include, but are not limited to:
					 invoices; certificates of origin; identification numbers; contracts or
					 franchise agreements with dealers; production orders; suggested retail price
					 labels; and any other record which relates to the manufacture, distribution,
					 sale, rent or lease of any MH-Unit or commercial modular within this
					 state.
(d) Books and records must
					 be kept on the premises of the licensee's established place of business unless
					 the licensee has designated, on a form prescribed by the department, an
					 alternate site within the state at which the books and records will be
					 maintained and available for inspection. The licensee must notify the
					 department on the prescribed form of any change in location of the books and
					 records at least ten (10) calendar days prior to the date of the change in
					 location.
(e) Unless otherwise
					 specified by law or this chapter, all business records relating to MH-Unit or
					 commercial modular transactions shall be retained by the licensee for a period
					 of not less than three (3) years.
(f) When, for any reason, a licensee
					 terminates or suspends business, all department report of sale books, along
					 with all permits, licenses and registration documents therefor, and all
					 salespersons' licenses in possession of a dealer, shall be surrendered to the
					 department upon demand or within ten (10) calendar days after termination or
					 suspension, whichever occurs first.
(g) When, for any reason, a licensee
					 terminates or suspends business, the licensee shall notify the department in
					 writing within ten (10) calendar days of the termination or suspension, of the
					 location where pertinent books and records will be kept and available for
					 inspection.
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)
						and new subsection (g) filed 2-1-84; effective upon filing pursuant to
						Government Code Section 11346.2(d) (Register 84, No. 5).
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, 18045.6,
						  18008, 18008.7, 18054 and 18062.2, Health and Safety
						  Code.