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OCCUPATIONAL LICENSING - REGULATIONS<br />
identification numbers; report <strong>of</strong> sales books; purchase documents; lease or rental agreements; receipts for deposit;<br />
documents submitted into escrow for the preparation <strong>of</strong> escrow instructions; escrow instructions; <strong>and</strong> any other records<br />
which relates to the purchase, sale, rental or lease <strong>of</strong> any MH-Unit or commercial modular within this state.<br />
(c) In the case <strong>of</strong> a manufacturer or distributor, pertinent books <strong>and</strong> records include, but are not limited to,; invoices;<br />
certificates <strong>of</strong> origin; identification numbers; contracts or franchise agreements with dealers; production orders;<br />
suggested retail price labels; <strong>and</strong> any other record which relates to the manufacture, distribution, sale, rent or lease <strong>of</strong><br />
any MH-Unit or commercial modular within this state.<br />
(d) Books <strong>and</strong> records must be kept on the premises <strong>of</strong> the licensee's established place <strong>of</strong> business unless the<br />
licensee has designated, on a form prescribed by the department, an alternate site within the state at which the books<br />
<strong>and</strong> records will be maintained <strong>and</strong> available for inspection. The licensee must notify the department on the prescribed<br />
form <strong>of</strong> any change in location <strong>of</strong> the books <strong>and</strong> records at least ten (10) calendar days prior to the date <strong>of</strong> the change in<br />
location.<br />
(e) Unless otherwise specified by law or this chapter, all business records relating to MH-Unit or commercial modular<br />
transactions shall be retained by the licensee for a period <strong>of</strong> not less than three (3) years.<br />
(f) When, for any reason, a licensee terminates or suspends business, all department report <strong>of</strong> sale books, along with<br />
all permits, licenses <strong>and</strong> registration documents therefore, <strong>and</strong> all salespersons' licenses in possession <strong>of</strong> a dealer, shall<br />
be surrendered to the department upon dem<strong>and</strong> or within ten (10) calendar days after termination or suspension,<br />
whichever occurs first.<br />
(g) When, for any reason, a licensee terminates or suspends business, the licensee shall notify the department in<br />
writing within ten (10) calendar days <strong>of</strong> the termination or suspension, <strong>of</strong> the location where pertinent books <strong>and</strong> records<br />
will be kept <strong>and</strong> available for inspection.<br />
§ 5012. Manufacturer’s Established Place <strong>of</strong> Business<br />
The applicant for, or holder <strong>of</strong>, a MH-Unit or commercial modular manufacturer's license shall maintain a suitable site<br />
sufficient in size <strong>and</strong> furnishings to effect the manufacture, assembly, reconstruction or reconfiguration <strong>of</strong> MH-Units or<br />
commercial modulars.<br />
§ 5013. Dealer's Established Place <strong>of</strong> Business<br />
The applicant for, or holder <strong>of</strong>, a MH-Unit or commercial modular dealer's license shall maintain an established place<br />
<strong>of</strong> business. The <strong>of</strong>fice <strong>of</strong> an established place <strong>of</strong> business <strong>of</strong> a dealer must be constructed such that it is not temporary,<br />
transitory or mobile in nature. The <strong>of</strong>fice must comply with applicable construction st<strong>and</strong>ards <strong>and</strong> local zoning<br />
regulations. A MH-Unit or commercial modular is acceptable, provided that it is not a part <strong>of</strong> the dealer's inventory <strong>and</strong> is<br />
not being <strong>of</strong>fered for or subject to sale while being used as an <strong>of</strong>fice, <strong>and</strong> otherwise meets the requirements <strong>of</strong> law.<br />
§ 5014. [Repealed] Display Area<br />
§ 5015. [Repealed] Dealer Branch Locations<br />
Article 3. License, 90-Day <strong>and</strong> Decal Applications, Changes <strong>and</strong> Renewals<br />
§ 5020. Application Requirements<br />
(a) An application for an occupational license or 90-day certificate shall contain that information required by the<br />
department, including, but not limited to, the forms <strong>and</strong> items listed in this section.<br />
(b) Applicants for licenses pursuant to this section shall present documentation necessary to determine an applicant's<br />
eligibility to receive public benefits pursuant to Chapter 5.5 <strong>of</strong> this division, beginning with Section 5802.<br />
(c) If the applicant is a partnership, limited liability company, or corporation, the names <strong>and</strong> titles <strong>of</strong> all controlling<br />
partners, members, stockholders, directors, general managers <strong>and</strong> <strong>of</strong>ficers who are designated to direct, control or<br />
manage the manufacturing or sales affairs <strong>of</strong> the applicant or licensee, subject to law or this chapter, shall be disclosed.<br />
For a partnership attach a copy <strong>of</strong> the executed partnership agreement; for an LLC attach a copy <strong>of</strong> the current Articles<br />
<strong>of</strong> Organization filed with the <strong>California</strong> Secretary <strong>of</strong> State (SOS); for a corporation attach a copy <strong>of</strong> the current Articles<br />
<strong>of</strong> Incorporation filed with the SOS.<br />
(d) Manufacturer License. The following forms <strong>and</strong> items are required to be submitted by applicants for a<br />
manufacturer's license:<br />
(1) Application for MH-Unit/Commercial Modular Manufacturers, Distributors, <strong>and</strong> Dealers, Part A, form HCD OL 12<br />
(Rev. 06/09), which is incorporated by reference.<br />
(2) Application for MH-Unit/Commercial Modular Manufacturers, Distributors, Dealers <strong>and</strong> Salespersons, Part B,<br />
form HCD OL 29 (Rev. 06/09), which is incorporated by reference, for each person designated in Part A as<br />
participating in the direction, control or management <strong>of</strong> the manufacturing or sales operations <strong>of</strong> the business.<br />
(3) Application for MH-Unit/Commercial Modular Manufacturers, Distributors <strong>and</strong> Dealers, Part C, form HCD OL 21<br />
(Rev. 06/09), which is incorporated by reference, for each established place <strong>of</strong> business.<br />
(4) For each person designated in Part A as participating in the direction, control or management <strong>of</strong> the<br />
manufacturing or sales operations <strong>of</strong> the business, fingerprints must be submitted through the Live Scan fingerprint<br />
process. Unless exempted by DOJ, applicants shall provide a properly completed <strong>and</strong> legible copy <strong>of</strong> a Request for<br />
Live Scan Service, form HCD OL 8016 (New 11/05), which is incorporated by reference, or the equivalent form<br />
provided by DOJ. The form HCD OL 8016 or DOJ equivalent form must provide evidence that the fingerprints have<br />
been submitted to DOJ <strong>and</strong> that the department is properly listed as the agency to receive any criminal history<br />
information. Applicants applying for an exemption from the Live Scan process must submit their exemption requests<br />
through the department on the forms prescribed by DOJ. Fingerprinting must be processed by a law enforcement<br />
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