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Adobe PDF - California Department of Housing and Community ...

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OCCUPATIONAL LICENSING - REGULATIONS<br />

§ 5021. Abbreviated Application for Applicants with Business or Personal History Irregularities<br />

(a) Occupational license applicants with previous business or personal history irregularities wishing to determine<br />

licensing eligibility may submit an abbreviated application with the following items:<br />

(1) One <strong>of</strong> the following:<br />

(A) For manufacturer, dealer or distributor applicants: An Application for MH-Unit/Commercial Modular<br />

Manufacturers, Distributors, <strong>and</strong> Dealers, Part A, form HCD OL 12 (Rev. 06/09), which is incorporated by<br />

reference.<br />

(B) For salesperson applicants: An Application for MH-Unit/Commercial Modular Salesperson, Part A, form HCD<br />

OL 16 (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 sales operations <strong>of</strong> the business or each salesperson<br />

application.<br />

(3) For each applicant designated in Part A as participating in the direction, control or management <strong>of</strong> the sales<br />

operations <strong>of</strong> the business or for each salesperson application, fingerprints must be submitted through the Live Scan<br />

fingerprint process. Unless exempted by DOJ, applicants shall provide a properly completed <strong>and</strong> legible copy <strong>of</strong> a<br />

Request for Live Scan Service, form HCD OL 8016 (New 11/05), which is incorporated by reference, or the equivalent<br />

form provided by DOJ. The form HCD OL 8016 or DOJ equivalent form must provide evidence that the fingerprints<br />

have 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. Fingerprints must be processed by a law enforcement<br />

agency or a DOJ-certified fingerprint roller. Additional fingerprinting may be required if the submitted fingerprints are<br />

rejected by DOJ or the Federal Bureau <strong>of</strong> Investigation.<br />

(4) Non-refundable original application fee, specified by Section 5040 <strong>of</strong> this subchapter, for the applicable license.<br />

(b) After the department has determined from the abbreviated application that an applicant is eligible, all other forms<br />

<strong>and</strong> items required by Section 5020 <strong>of</strong> this subchapter must be submitted to the department before a license or<br />

temporary permit will be issued.<br />

§ 5022. Examinations<br />

(a) Each applicant for a dealer or salesperson license shall take <strong>and</strong> successfully complete an examination<br />

administered by the department as specified in this section. On or after January 1, 1987, each person applying for the<br />

MH-Unit dealer or salesperson examination shall provide pro<strong>of</strong> <strong>of</strong> having attended an approved preliminary education<br />

program within the six (6) month period prior to the date <strong>of</strong> application for the license examination. Pro<strong>of</strong> <strong>of</strong> attendance<br />

shall be evidenced by a serial number <strong>of</strong> a Certificate <strong>of</strong> Completion issued pursuant to Section 5322 <strong>of</strong> this chapter.<br />

(b) Applicants for a dealer license subject to the examination requirement shall successfully complete the MH-Unit<br />

dealer examination or, in the case <strong>of</strong> an applicant wishing to sell only commercial modulars, the Commercial Modular<br />

Dealer Examination.<br />

(c) All applicants for a salesperson license shall successfully complete the MH-Unit salesperson examination or, in<br />

the case <strong>of</strong> an applicant wishing to sell only commercial modulars, the Commercial Modular Salesperson Examination.<br />

(d) Holders <strong>of</strong> <strong>and</strong> applicants for a commercial modular dealers or salespersons license wishing to sell<br />

MH-Units will be required to take <strong>and</strong> successfully complete the applicable MH-Unit examination.<br />

(e) Holders <strong>of</strong> a valid salesperson license applying for a dealer license shall take <strong>and</strong> successfully complete the<br />

appropriate Dealer Examination.<br />

(f) Holders <strong>of</strong> a continuously valid dealer license issued in this state on or after July 1, 1976, applying for a<br />

salesperson license will not be subject to the examination requirement.<br />

(g) The examination <strong>of</strong> any applicant found leaving the prescribed examination area or using reference material <strong>of</strong><br />

any kind before completion <strong>and</strong> return <strong>of</strong> the examination for correction or otherwise cheating will be given a failing<br />

grade.<br />

(h) All disputes or questions concerning the department's examination questions, answers, or examination<br />

procedures shall be submitted to the department in writing.<br />

(i) For each examination taken, the applicant shall pay a non-refundable fee as specified in Section 5040 <strong>of</strong> this<br />

subchapter.<br />

§ 5023. Temporary Permits<br />

The department, after a preliminary investigation <strong>of</strong> department records <strong>and</strong> <strong>of</strong> the information provided by the<br />

applicant for an Occupational License, <strong>and</strong> determining compliance with the applicable provisions <strong>of</strong> Section 5020 <strong>of</strong><br />

this subchapter, may issue a temporary permit allowing the applicant to operate as a licensee for a period not to exceed<br />

120 calendar days pending the completion <strong>of</strong> the investigation <strong>of</strong> the applicant required by law. A temporary permit is<br />

subject to cancellation by the department as provided by law.<br />

§ 5023.5. 90-Day Certificate Contents <strong>and</strong> Posting<br />

(a) The 90-day certificate issued by the department shall contain, but is not limited to the following information:<br />

(1) The 90-day certificate holder's name.<br />

(2) The employing dealership name, location <strong>of</strong> employment, <strong>and</strong> the dealer's occupational license number.<br />

(3) The 90-day certificate effective date <strong>and</strong> expiration date.<br />

(4) The 90-day certificate number issued by the department.<br />

(b) Upon delivery by the 90-day certificate holder <strong>of</strong> his or her 90-day certificate to the employing dealer, the<br />

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