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 5 - Advertising Listing Agreements and Sales Practices › Section 5056 - Down Payment and Deposit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 licensee shall not advertise the amount of down payment and/or deposit required
					 to purchase a MH-Unit or commercial modular unless it is clearly identified as
					 being a down payment or deposit in type size not less than one half ( ½
					 ) the type size in which the amount of the down payment or deposit is
					 stated.
(b) A licensee shall not
					 advertise the statements "no down payment," "no deposit" or similar terms
					 unless the dealer will sell and deliver the advertised MH-Unit or commercial
					 modular to any purchaser without prior payment of any kind or
					 trade-in.
(c) If an advertisement
					 quotes the amount of a periodic payment, the advertisement shall also quote the
					 amount of the down payment or deposit required to qualify for the amount of the
					 quoted periodic payment.
(d) A
					 licensee shall not advertise the amount of a down payment or deposit unless it
					 represents the total payment, including any payment for sales tax, permits,
					 titling or registration, to be required of the purchaser prior to delivery of
					 the MH-Unit or commercial modular.
1.
						Certificate of Compliance including amendment transmitted to OAL 11-3-82 and
						files 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 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 6 - Purchase Documents and Escrow › Section 5062 - Disbursement of Escrow Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the requirements of Sections 18035,
						18035.2 and 18035.26 of the Health and Safety Code, the escrow agent shall
						disburse the amounts specified for the MH-Unit and accessories only as
						follows:
(a) When the MH-Unit is to be
					 delivered to the site described in the escrow instructions, to be installed,
					 and pass inspection pursuant to Sections 18613 and 18551(b) of the Health and
					 Safety Code, the escrow instructions shall so state and shall require the
					 dealer to deliver into escrow the following documentation to evidence delivery:
(1) A copy of either the statement of
					 installation or the certificate of occupancy issued by the public agency
					 performing the installation inspection.
(2) A statement signed by the dealer
					 indicating that the MH-Unit has been delivered to the purchaser or that
					 delivery has been offered to the purchaser in accordance with the agreement of
					 the principals and that the purchaser is free to occupy the MH-Unit to the
					 exclusion of the dealer.
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 6 - Purchase Documents and Escrow › Section 5063 - Waivers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No agreement shall contain any provision by which the
						purchaser waives any rights to which the purchaser would be otherwise entitled
						under this article or any other provision of Health and Safety Code, Division
						13, Part 2, Chapter 5. Waivers cannot result from practices which include, but
						are not limited to, separate contracts with the selling dealer for installation
						of the MH-Unit, separate contracts with the selling dealer for accessories to
						the manufactured home or mobilehome, substitution by the dealer of the cash
						and/or equivalents received as whole or partial payment for the MH-Unit or
						accessory thereto, agreements that liquidated damages be taken out of escrow,
						and granting of power of attorney, attorney in fact, or agency by the purchaser
						to the dealer for any purpose other than registration. Such waivers shall be
						void and unenforceable.
1.
						Certificate of Compliance including amendment transmitted to OAL 11-3-82 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 and 18035, 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 6 - Purchase Documents and Escrow › Section 5064 - Records Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Escrow agents shall maintain records of their handlings
						of escrows which shall be subject to audit by authorized representatives of the
						department or any other appropriate regulatory agency. Such records shall
						include a copy of the escrow instructions, and the dates and disbursements of
						cash and/or cash equivalents. Each escrow transaction processed by the escrow
						agent shall be assigned an escrow number by the escrow agent and this number
						shall be displayed on all documents relating to that escrow.
1.
						Certificate of Compliance including amendment transmitted to OAL 11-3-82 and
						filed 12-15-82 (Register 82, No. 51).
2. Change without regulatory
						effect amending NOTE filed 7-6-2007 pursuant to section 100, title 1,
						California Code of Regulations (Register 2007, No.
						27).
Note: Authority cited: Section 18015, Health and Safety
						  Code. Reference: Sections 18035, 18035.1, 18035.2 and 18035.26, 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 7 - Public Access to Information Regarding Occupational Licensing › Section 5070 - Policy Regarding Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall provide information
					 regarding license status, compliance, violations substantiated by the
					 department, and disciplinary action taken against any licensee to any person
					 requesting such information.
(b)
					 The department may set reasonable limits upon the number of requests for
					 information from any person.
(c)
					 The appropriate fee for search and any reproductive costs pursuant to Section
					 5040 of this subchapter, may be charged for any request for
					 information.
(d) The department may
					 prepare and disclose statistical data of a summary nature that does not
					 identify individual licensees, which the department considers such data
					 informative to consumers.
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 (c)
						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 18045 and 18050, Health and Safety Code; Sections
						  6253, 6254, 6256 and 6257, Government
						  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 7 - Public Access to Information Regarding Occupational Licensing › Section 5071 - Disclosure of Information Regarding License Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of written request, the
					 department may disclose to any member of the public, the following license
					 status information which is on record with the department:
(1) Licensee's name, including all fictitious
					 or business names.
(2) License
					 number.
(3) Business address and
					 telephone number.
(4) Names of all
					 principals and offices held.
(5)
					 Date of original licensure.
(6)
					 Date such license expires, expired, lapsed or was terminated and, if
					 applicable, the reason for termination.
(7) If the licensee is a salesperson, the
					 name of the employing dealer and any information about the employer as listed
					 above.
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 7 - Public Access to Information Regarding Occupational Licensing › Section 5072 - Disclosure of Information Regarding Instances of Noncompliance and Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of
					 written request, the department may disclose to any member of the public the
					 following information with respect to the preceding three (3) calendar years:
(1) The number and general nature of
					 instances of noncompliance or complaints received or discovered by the
					 department which warranted issuance of a warning letter to the
					 licensee.
(2) The number and
					 general nature of complaints which, upon review by the department, establish a
					 prima facie case of an instance of noncompliance, other than warranty
					 complaints.
(3) The number and
					 general nature of instances of noncompliance or complaints found to warrant
					 administrative disciplinary action against the licensee, as evidenced by the
					 filing of an accusation or judicial action 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 7 - Public Access to Information Regarding Occupational Licensing › Section 5073 - Disclosure of Information Regarding Disciplinary Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department may disclose the following disciplinary
						history information upon request:
(a)
					 Whether any current licensee or principal thereof has ever been disciplined
					 and, if so, when and for what offenses.
(b) Whether any current licensee or principal
					 thereof has been named in any disciplinary action and if so, the disposition of
					 such action.
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)
						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 18020, 18021.5 and 18050, Health and Safety Code;
						  Sections 6253, 6254, 6256 and 6257, Government
						  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 8 - Enforcement, Actions and Penalties › Section 5080 - Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department shall administer and enforce all of the
						provisions of this chapter. Any officer, agent, or employee of the department
						assigned to enforcement is authorized:
(a) To enter at reasonable times and without
					 advance notice any premises where MH-Units or commercial modulars are
					 manufactured, sold, or offered for sale, rent, or lease.
(b) To examine and copy any records,
					 documentary evidence or other information necessary to carry out the
					 requirements of law and this chapter.
(c) To require, by general or special orders
					 or reports, any person subject to licensing or regulation to file, in such form
					 as the department may prescribe, reports or answers in writing to specific
					 questions relating to any occupational licensing function of the
					 department.
(d) To take such other
					 action permitted by law to carry out the requirements of law and this
					 chapter.
(e) To pick up for
					 inspection Report of Sale books.
(f) To post a Prohibited Sales Notice on a
					 MH-Unit or commercial modular, as provided in this chapter.
(g) To post a Notice of Suspension at a
					 licensee's place of business as provided in this chapter.
1.
						Certificate of Compliance including amendment transmitted to OAL 11-3-82 and
						filed 12-15-82 (Register 82, No. 51).
2. New subsections (f) and (g)
						filed 2-1-84; effective upon filing pursuant to Government Code Section
						11346.2(d) (Register 84, No. 5).
3. Amendment filed 5-8-86 as an
						emergency; effective upon filing (Register 86, No. 19). A Certificate of
						Compliance must be transmitted to OAL within 120 days or emergency language
						will be repealed on 9-5-86.
4. Reinstatement of section as it
						existed prior to emergency amendment filed 5-8-86 by operation of Government
						Code Section 11346.1(f) (Register 87, No. 27).
5. Amendment of
						subsections (a) and (f) 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, 18008.7,18020, 18022, 18023 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 8 - Enforcement, Actions and Penalties › Section 5081 - Complaint and Monitoring Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a complaint indicating
					 the possible existence of a violation of law or this chapter, including a
					 violation of Section 1797,
et seq
. of the Civil Code, the
					 department may investigate the complaint and, at the time and in the manner
					 permitted by law, notify each licensee or former licensee assumed responsible
					 for the violations. In addition, or in the alternative, the department may
					 investigate and take any other actions permitted by law.
(b) The recipient of such a notice shall, as
					 soon as possible, but not later than twenty (20) calendar days after
					 notification, unless otherwise specified by the department, take appropriate
					 steps, including inspections or investigations, to determine the extent of its
					 responsibility. Upon determining its responsibility, the recipient of such a
					 notice shall:
(1) Notify the department in
					 writing of the action proposed to correct the violation and/or respond to the
					 complainant.
(2) Take the action
					 communicated to the department within forty (40) calendar days of the original
					 notification of complaint, unless otherwise specified 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 8 - Enforcement, Actions and Penalties › Section 5082 - Notices of Suspension, Revocation, or Cancellation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a license is suspended or revoked as a
					 result of actions taken pursuant to Health and Safety Code Sections 18021.5,
					 18064 or 18064.5, or conditions exist providing for the automatic cancellation
					 of the license pursuant to Health and Safety Code Section 18065, the department
					 may post two (2) notices of suspension, revocation or cancellation provided by
					 the department in places conspicuous to the public at each affected place of
					 business and any branch of the licensee during the period of suspension,
					 revocation or cancellation.
(b)
					 Said notices shall be 24" wide by 14" high and shall be in substantially the
					 following form:
NOTICE OF SUSPENSION THE DEALERS LICENSE ISSUED FOR
						THESE PREMISES HAS BEEN SUSPENDED FROM __________ THROUGH __________ BY ORDER
						OF THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR VIOLATION OF STATE
						LAWS GOVERNING MH-UNIT SALES
(c) Removal of this notice prior to
					 termination of suspension or any representation to the effect that sales or
					 purchases have been suspended for any reason other than by order of the
					 department shall be deemed a violation of the condition of probation.
1.
						Amendment filed 2-1-84; effective upon filing pursuant to Government Code
						Section 11346.2(d) (Register 84, No. 5).
2. Amendment of subsection
						(b) 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, 18020, 18021.5, 18058 and
						  18065.5, 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 8 - Enforcement, Actions and Penalties › Section 5082.5 - Prohibited Sale Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the department discovers by investigation that
						MH-Units or commercial modulars are being offered for sale, rent or lease by
						persons or at locations, which are not licensed as required by law and this
						chapter, or where the license has been suspended or revoked as a result of
						actions taken pursuant to Health and Safety Code Sections 18021.5, 18064 and
						18064.5, or that any of the conditions exist providing for automatic
						cancellation of a license pursuant to Health and Safety Code Section 18065, the
						department may post Prohibited Sales Notices, conspicuous to the public, on the
						MH-Units or commercial modulars.
1. New
						Section filed 2-1-84; effective upon filing pursuant to Government Code Section
						11346.2(d) (Register 84, No. 5).
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, 18020, 18045 and 18065, 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 8 - Enforcement, Actions and Penalties › Section 5083 - Monetary Penalties for Compromise Settlements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Payment of the following monetary penalties may be
						required of an occupational licensee pursuant to a compromise settlement
						agreement between the Director and the licensee entered into pursuant to the
						provisions of Health and Safety Code Section 18064.5.
(a) A minimum of $150 and a maximum of $500
					 for each violation of the following provisions of law: Health and Safety Code
					 Sections 18058.5; 18059(b,c); 18059.5(a,b); 18060(a,c); 18060.5(d,g); 18061)d);
					 18061.5(b); and 18062.2(a,g,h).
(b)
					 A minimum of $100 and a maximum of $500 for each violation of the following
					 provisions of law: Health and Safety Code Sections 18059(a); 18060(b);
					 18060.5(b,f); 18061(a,b,c,e); 18061.5(a); 18062(a,b,c); 18062.2(b,c); and
					 18062.5(a-e).
(c) A minimum of $50
					 and a maximum of $500 for each violation of the following provisions of law:
					 Health and Safety Code Sections 18062.2(d,e,f).
1.
						Amendment of subsections (a)-(c) 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 18064.5, 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 9 - 90-Day Certificate Requirements › Section 5090 - 90-Day Certificate Expiration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All 90-day certificates expire ninety
					 (90) calendar days from the date of initial issuance. Expired certificate
					 holders shall either:
(1) Submit their
					 expired certificates to the department within ten (10) calendar days.
(2) Submit their expired certificate to the
					 department within three (3) months of expiration, along with all salesperson
					 application requirements in accordance with Section 5020 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 9 - 90-Day Certificate Requirements › Section 5092 - Suspension/Refusal to Issue/Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department's review of an application for a 90-day
						certificate shall be subject to the provisions of Health and Safety Code,
						Section 18050.5.
1. New
						section filed 11-25-91; operative 12-26-91. (Register 92, No.
						12).
Note: Authority cited: Sections 18015 and 18052.6,
						  Health and Safety Code. Reference: Sections 18050.5, 18052.6, 18058 and 18065,
						  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 9 - 90-Day Certificate Requirements › Section 5094 - Supervision of Certificate Holders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The dealer and/or a supervising managing employee shall
						directly supervise the activities of all 90-day certificate holders. "Directly
						Supervise" includes all of the following:
(a) Continuous availability of the
					 supervising managing employee or dealer to the 90-day certificate holder(s) on
					 the premises of the dealer.
(b) On
					 an exclusive basis, supervising the activities of the 90-day certificate
					 holder(s).
(c) Regularly overseeing
					 the activities of the certificate holder(s) and assuring their compliance with
					 the laws governing MH-Unit or commercial modular sales and/or
					 leasing.
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, 18052.6 and
						  18052.7, Health and Safety Code. Reference: Sections 18007, 18008, 18008.7 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 2 - Preliminary and Continuing Education › Section 5300 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall govern this chapter:
(a) Clock hour. Fifty (50) continuous minutes
				  in an approved preliminary or continuing education course, seminar, or
				  conference excluding breaks for meals or rest.
(b) Continuing Education Course. A class,
				  seminar or conference approved by the department, pursuant to law and this
				  chapter, which offers licensees continuing education clock hour credits on one
				  topic.
(c) Correspondence Course. A
				  continuing education program of a single topic approved by the department and
				  transmitted by mail between a licensee and an approved course
				  provider.
(d) Course Provider. A
				  person or entity offering preliminary or continuing education courses approved
				  by the department. A course provider meeting the minimum qualifications
				  established in this chapter may also be an approved instructor.
(e) Instructor. A person approved by the
				  department to present preliminary or continuing education courses while in the
				  employ of a course provider. An instructor may also be a course
				  provider.
(f) Preliminary Education
				  Course. A class, seminar or conference approved by the department pursuant to
				  law and this chapter relating to laws and regulations governing manufactured
				  home and mobilehome sales, specifically designed for persons not holding a
				  manufactured home or mobilehome dealer or salesperson license.
1. New
					 Subchapter 2 (Sections 5300-5366, not consecutive) filed 5-8-86 as an
					 emergency; effective upon filing (Register 86, No. 19). A Certificate of
					 Compliance must be transmitted to OAL within 120 days or emergency language
					 will be repealed on 9-5-86.
2. Emergency language filed 5-8-86
					 repealed by operation of Government Code Section 11346.1(g) (Register 86, No.
					 50).
3. New Subchapter 2 (Sections 5300-5368, not consecutive) filed
					 12-8-86 as an emergency; effective upon filing (Register 86, No. 50). A
					 Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 4-7-87.
4. New Subchapter 2
					 (Sections 5300-5368, not consecutive) refiled 4-6-87 as an emergency; effective
					 upon filing (Register 87, No. 15). A Certificate of Compliance must be
					 transmitted to OAL within 120 days or emergency language will be repealed on
					 8-4-87.
5. Certificate of Compliance including amendment transmitted
					 to OAL 6-26-87 and filed 7-27-87 (Register 87, No.
					 32).
Note: Authority cited: Sections 18015 and 18056.2, Health
						and Safety Code. Reference: Sections 18056, 18056.2 and 18056.4, 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 2 - Preliminary and Continuing Education › Section 5301 - Applicant Qualification to Receive Public Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When applying for a Continuing Education Course Approval,
					 Preliminary Education Course Approval or Instructor Approval, or the renewal of
					 a Continuing Education Course Approval, Preliminary Education Course Approval
					 or Instructor Approval, if the applicant has not previously been determined to
					 be eligible to receive public benefits, the applicant shall present
					 documentation necessary to determine the applicant's qualification to receive
					 public benefits pursuant to Chapter 5.5 of this division, beginning with
					 Section 5802.
1. New
					 section filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12).
					 A Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 8-4-98 as an emergency; operative 8-4-98
					 (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL
					 by 12-2-98 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 8-4-98 order,
					 including amendment, transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99,
					 No. 3).
4. 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 18056.2, Health
						and Safety Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; and Sections
						18056, 18056.2 and 18056.4, 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 2 - Preliminary and Continuing Education › Section 5306 - Continuing Education Topic Requirements for Dealers and Salespersons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each person
				  subject to continuing education shall complete course topics as specified in
				  this section.
(b) Each person
				  required to complete a minimum of twenty-four (24) clock hours of continuing
				  education shall complete approved courses in the following topics for the first
				  license renewal occurring after the effective date of this subchapter:
(1) Laws and regulations governing MH-Unit
				  manufacturing and sales.
(2)
				  Escrow.
(3) Advertising and
				  Misrepresentations.
(4)
				  Registration and Titling.
(5)
				  Purchase Documents.
(6)
				  Warranties.
(7) Mobilehome Park
				  Residency Law and Mobilehome Park Act.
If additional courses must be taken in order to earn the
					 minimum clock hour requirement, those remaining clock hours may be earned in
					 any approved course(s) of other topics.
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 2 - Preliminary and Continuing Education › Section 5308 - Minimum Standards for Preliminary Education Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All preliminary education courses shall
				  comply with the provisions of this section.
(b) Course curriculum shall provide
				  instruction in at least the following topics pertaining to MH-Unit:
(1) Introduction to the Laws and Regulations
				  governing MH-Unit, manufacturing and sales.
(2) Warranties.
(3) Alternations to MH-Units.
(4) Escrow and purchase documents.
(5) Sales of noncomplying MH-Units.
(6) Advertising and
				  misrepresentations.
(7)
				  Taxation.
(8) Registration and
				  Titling.
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 2 - Preliminary and Continuing Education › Section 5312 - Minimum Standards for Continuing Education Courses by Correspondence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Continuing
				  education courses shall provide no less than two (2) clock hours of education.
				  Such courses shall utilize written, audio or audio-visual lessons and a written
				  examination to be completed after the lesson.
(b) Written instructions shall be provided by
				  the course provider advising the licensee and proctor of the requirements of
				  this section.
(c) For each one (1)
				  clock hour to be earned, the examination shall contain no less than five (5)
				  essay type questions related to the course topic. Thirty (30) minutes shall be
				  permitted for the completion of each five (5) questions. Course providers shall
				  rotate the examinations by administering the use of three (3) different
				  examinations for each course. The examination shall be provided in a sealed
				  envelope bearing instructions which read "TO BE OPENED IN THE PRESENCE OF AN
				  APPROVED PROCTOR ONLY. VOID IF OPENED OTHERWISE ..." A return envelope shall be
				  provided which is suitable for mailing and of sufficient size to accommodate an
				  unopened or opened examination, and bears the name and address of the course
				  provider.
(d) Approved proctors
				  shall include the course provider, a notary public, an officer in the armed
				  forces on active duty, an approved instructor or other approved course
				  provider, an attorney, a librarian at a public or school library, or a
				  representative of the department. No person related by blood, marriage,
				  employment, or otherwise having a conflict of interest with a licensee, shall
				  serve as a proctor for the licensee.
(e) The proctor shall be instructed to
				  complete a certification form provided by the course provider which makes
				  provisions for the following:
(1) The
				  proctor's name and address and telephone number.
(2) The proctor's qualifying occupation,
				  title or position.
(3) The
				  licensee's name, address and license number issued by the department.
(4) A certification statement indicating the
				  means used to identify the licensee, that the proctor has no conflict of
				  interest with the licensee due to employment, relation by marriage or blood,
				  that the examination envelope was found sealed and only broken in the proctor's
				  presence, that the examination was completed by the licensee in the proctor's
				  presence without the use of any written materials or aids of any kind, that the
				  examination was not copied by any means, and that the examination was returned
				  to the course provider by the proctor through the U.S. Mail, or by similar
				  mailing services, or by personal delivery.
(5) The proctor's
				  signature.
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 2 - Preliminary and Continuing Education › Section 5314 - Course Challenges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Course providers may provide for
				  challenge examinations of approved continuing education courses. Course
				  providers shall rotate the examinations by administering the use of three (3)
				  separate examinations for each course. Examinations shall contain no less than
				  five (5) essay type questions requiring written answers for each clock hour to
				  be earned.
Challenge examinations shall be administered and corrected
					 by the course provider or approved instructor only. The course provider shall
					 establish the maximum time permitted for the examination, but in no case shall
					 the time be less than thirty (30) minutes for each five (5)
					 questions.
(b) No licensee
				  shall be permitted to acquire more than six (6) clock hours of continuing
				  education by challenges. The combination of challenges and approved equivalency
				  pursuant to Section 5316 of this subchapter shall not exceed 50 percent of
				  total clock hour requirements for any one (1) person.
(c) Course challenge examinations, if
				  permitted, shall be submitted along with the Application for Course Provider
				  and/or Course Approval, form HCD OL 122 Part A (Rev. 06/09), which is
				  incorporated by reference, as specified in Section 5342 of this
				  subchapter.
1. New
					 section filed 12-8-86 as an emergency; effective upon filing (Register 86, No.
					 50). A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 4-7-87. For prior history, see Register
					 86, No. 19. ED. NOTE: Also refer to Section 5300 for complete HISTORY
					 NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon
					 filing (Register 87, No. 15). A Certificate of Compliance must be transmitted
					 to OAL within 120 days or emergency language will be repealed on
					 8-4-87.
3. Certificate of Compliance including amendment of
					 subsections (a) and (c) transmitted to OAL 6-26-87 and filed 7-27-87 (Register
					 87, No. 32).
4. Amendment of subsections (b) and (c) 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 18056.2,
						Health and Safety Code. Reference: Section 18056.2, 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 2 - Preliminary and Continuing Education › Section 5316 - Claims of Equivalency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department may grant continuing
				  education clock hour credits for activities which have provided educational
				  opportunities at least equivalent to attendance at approved continuing
				  education courses as prescribed in this section.
(b) Acceptable alternative activities may
				  include, but are not limited to the following:
(1) Instruction at an approved preliminary or
				  continuing education course.
(2)
				  Development or research of information or materials associated with an approved
				  continuing education course or unapproved course if the curriculum would
				  otherwise meet the requirements of this subchapter for a continuing education
				  program.
(3) Authorship of
				  published articles, periodicals or books on subjects relating to the
				  requirements in laws or regulations governing manufactured housing
				  sales.
(4) Instruction of, or
				  attendance at, an education program not approved by the department for
				  continuing education, but which is sufficiently related to manufactured housing
				  activities.
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 2 - Preliminary and Continuing Education › Section 5318 - Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As prescribed
				  in law and this section, the department may grant exemptions from the
				  continuing education requirement and renew an expiring license where the
				  required clock hour credits have not been earned and one (1) or more qualifying
				  conditions exist.
(b) Qualifying
				  conditions are those which are beyond the control of the licensee and have made
				  it impossible for the licensee to acquire the required clock hour credits over
				  the last six (6) months of the licensure term including:
(1) Health conditions or prescribed treatment
				  of health conditions which are verified in writing by a physician and which
				  have not allowed the licensee to work in the licensed capacity.
(2) Active duty in the military service with
				  assignment to duty outside the state.
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 2 - Preliminary and Continuing Education › Section 5320 - Required Changes to Approved Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever an approved course becomes
				  inaccurate because of statutory or regulatory changes enacted after the course
				  approval, the department shall provide the course provider a written notice of
				  the change. The notice shall order the course provider to review the approved
				  course and make appropriate changes.
(b) When changes to approved courses are
				  ordered, the course provider shall be provided thirty (30) calendar days to
				  make the ordered changes or discontinue the use of the course.
(c) Course changes pursuant to this section
				  shall be submitted to the department on an Application to Change an Approved
				  Course, form HCD OL ED 128 (Rev. 06/09), which is incorporated by reference, as
				  specified in Section 5346 of this subchapter.
1. New
					 section filed 12-8-86 as an emergency; effective upon filing (Register 86, No.
					 50). A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 4-7-87. For prior history, see Register
					 86, No. 19. ED. NOTE: Also refer to Section 5300 for complete HISTORY
					 NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon
					 filing (Register 87, No. 15). A Certificate of Compliance must be transmitted
					 to OAL within 120 days or emergency language will be repealed on
					 8-4-87.
3. Certificate of Compliance transmitted to OAL 6-26-87 and
					 filed 7-27-87 (Register 87, No. 32).
4. Amendment of subsections (b)
					 and (c) 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 18056.2,
						Health and Safety Code. Reference: Section 18056.2, 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 2 - Preliminary and Continuing Education › Section 5322 - Certificates of Completion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within five (5) calendar days of the
				  completion of preliminary and continuing education courses, including
				  correspondence courses and course challenges, course providers shall complete
				  and issue a Certificate of Completion, form HCD OL ED 125 (Rev. 06/09), which
				  is incorporated by reference, to each participant completing the course. Course
				  providers shall provide the following information:
(1) A serial number.
(2) The course provider name, address and
				  approval number(s).
(3) The
				  instructor's name and approval number.
(4) The title and approval number of the
				  course.
(5) The date and address of
				  the course location, except for correspondence courses.
(6) The clock hour credit earned.
(7) The participant's name.
(8) The license number of
				  licensees.
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 2 - Preliminary and Continuing Education › Section 5324 - Expiration of Course Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All preliminary and continuing education
				  course approvals shall expire on the last day of the twenty-fourth (24th) month
				  following the month of the original approval. No expired course shall be
				  offered or presented.
(b) Course
				  providers applying for renewal of course approvals shall make any amendments
				  necessary to bring the course curriculum or material into compliance with
				  statutory or regulatory changes enacted after the date of approval.
(c) Applications for renewal of course
				  approval shall comply with Section 5344 of this subchapter.
(d) Applications should be received by the
				  department ninety (90) calendar days before the expiration date in order to
				  allow processing and any review of course changes.
1. New
					 section filed 12-8-86 as an emergency; effective upon filing (Register 86, No.
					 50). A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 4-7-87. For prior history, see Register
					 86, No. 19. ED. NOTE: Also refer to Section 5300 for complete HISTORY
					 NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon
					 filing (Register 87, No. 15). A Certificate of Compliance must be transmitted
					 to OAL within 120 days or emergency language will be repealed on
					 8-4-87.
3. Certificate of Compliance including amendment of
					 subsection (a) transmitted to OAL 6-26-87 and filed 7-27-87 (Register 87, No.
					 32).
4. Amendment of subsections (c) and (d) 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 18056.2,
						Health and Safety Code. Reference: Sections 18056 and 18056.2, 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 2 - Preliminary and Continuing Education › Section 5326 - Instructor Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Instructors for preliminary and
				  continuing education courses shall meet at least one (1) of the following
				  qualifications:
(1) A bachelor's degree in a
				  related field to that in which the person is to teach, from a college or
				  university with accreditation approved by the U.S. Department of
				  Education.
(2) Five (5) years
				  full-time experience in the applicable field or course subject
				  matter.
(3) Any combination of at
				  least five (5) years of full-time experience and college level education in the
				  applicable field or course subject matter.
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 2 - Preliminary and Continuing Education › Section 5328 - Expiration of Instructor Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Instructor approvals shall expire on the
				  last day of the twenty-fourth (24th) month following the month of the original
				  approval.
(b) Instructors with
				  expired approval shall not make preliminary or continuing education course
				  presentations.
(c) Applications for
				  instructor approval renewal shall comply with Section 5350 of this
				  subchapter.
1. New
					 section filed 12-8-86 as an emergency; effective upon filing (Register 86, No.
					 50). A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 4-7-87. For prior history, see Register
					 86, No. 19. ED. NOTE: Also refer to Section 5300 for complete HISTORY
					 NOTE.
2. New section refiled 4-6-87 as an emergency; effective upon
					 filing (Register 87, No. 15). A Certificate of Compliance must be transmitted
					 to OAL within 120 days or emergency language will be repealed on
					 8-4-87.
3. Certificate of Compliance including amendment of
					 subsection (a) transmitted to OAL 6-26-87 and filed 7-27-87 (Register 87, No.
					 32).
4. Amendment of subsection (c) 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 18056.2,
						Health and Safety Code. Reference: Sections 18056 and 18056.2, Health and
						Safety Code.