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OCCUPATIONAL LICENSING - REGULATIONS employing dealer shall post the certificate in a place conspicuous to the public on the premises where the 90-day certificate holder is actually engaged in the selling or leasing of MH-Units or commercial modulars for the employing dealer. The 90-day certificate shall be displayed continuously during the 90-day certificate holder's employment. (c) An expired 90-day certificate shall not be posted at the dealer's place of business, but shall be returned to the 90- day certificate holder for forwarding to the department. § 5024. Established Place of Business Relocation, Elimination or Addition 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. (b) Manufacturers, dealers and/or distributors eliminating established places of business must notify the department by the submittal of Application for MH-Unit/Commercial Modular Manufacturers, Distributors, and Dealers, Part A, form HCD OL 12 (Rev. 06/09), which is incorporated by reference. (c) Manufacturers adding an established place of business must notify the department by the submittal of the following forms and items for each new established place of business: (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, form HCD OL 21 (Rev. 06/09), which is incorporated by reference, for each new established place of business. (3) Photographs of each new established place of business: one (1) photograph showing the manufacturing area and one (1) photograph of the exterior of the office. (4) The original license application fee specified by Section 5040 of this subchapter for each new established place of business, prorated in accordance with Section 5030 of this subchapter. (d) Dealers adding an established place of business must notify the department by the submittal of the following forms and items for each new established place of business: (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, form HCD OL 21 (Rev. 06/09), which is incorporated by reference, for each new established place of business. (3) Photographs of each new established place of business: one (1) photograph showing the exterior of the office. (4) A Letter of Authorization from, and a copy of any franchise or contractual agreement with, each manufacturer indicating its approval to sell MH-Units or commercial modulars at each new established place of business address (NOT required of used dealers). (5) A list of any new manufacturers' names, addresses and brand names or model designations to be offered for sale. (6) A list of names, home addresses and license numbers of all salespersons and managing persons to be employed at each new established place of business. (7) The original license application fee specified by Section 5040 of this subchapter for each new established place of business, prorated in accordance with Section 5030 of this subchapter. (e) Distributors adding an established place of business must notify the department by the submittal of the following forms and items for each new established place of business: (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, form HCD OL 21 (Rev. 06/09), which is incorporated by reference, for each new established place of business. (3) One (1) photograph showing the exterior of the office. (4) A list of any new manufacturers' names, addresses and brand names or model designations to be distributed from each new established place of business. (5) A copy of the warranty to be offered with the sale of new MH-Units. (6) The original license application fee specified by Section 5040 of this subchapter for each new established place of business, prorated in accordance with Section 5030 of this subchapter. 94
OCCUPATIONAL LICENSING - REGULATIONS § 5025. Change of Ownership (a) Every licensee which is changing ownership structure by termination or addition of partners or members of an limited liability company (LLC) or by changing the type of ownership structure to a partnership, an LLC, or corporation, shall notify the department at least ten (10) calendar days prior to the effective date of this change by the submittal of the following: (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 and Salespersons, Part B, form HCD OL 29 (Rev. 06/09), which is incorporated by reference, for each new person designated in Part A, who will direct, control, operate or manage the manufacturing or sales operations of the license. (3) For each person designated in Part A, who will direct, control, operate or manage the manufacturing or sales operations of the license, fingerprints must be submitted through the Live Scan fingerprint process. Unless exempted by DOJ, applicants shall provide a properly completed and legible copy of a Request for Live Scan Service, form HCD OL 8016 (New 11/05), which is incorporated by reference, or the equivalent form provided by DOJ. The form HCD OL 8016 or DOJ equivalent form must provide evidence that the fingerprints have been submitted to DOJ and that the department is properly listed as the agency to receive any criminal history information. Applicants applying for an exemption from the Live Scan process must submit their exemption requests through the department on the forms prescribed by DOJ. Fingerprints must be processed by a law enforcement agency or a DOJ-certified fingerprint roller. Additional fingerprinting may be required if the submitted fingerprints are rejected by DOJ or the Federal Bureau of Investigation. (4) Two (2) full facial photographs of each new person designated in Part A, who will direct, control, operate or manage the manufacturing or sales operations of the license. (5) For dealers only, a Certificate of Appointment, form HCD OL 28 (Rev. 11/05), which is incorporated by reference. (6) For dealers only, proof of successful passage by each new person designated in Part A, who will direct, control, operate or manage the manufacturing or sales operations of the license, of the MH-Unit or Commercial Modular Dealer Examination, as required by law and Section 5022 of this subchapter, within six (6) months prior to the application date. (7) For MH-Unit dealers only, proof of completion of a preliminary education program, as required by Section 5302 of this chapter for each person designated in Part A as participating in the direction, control or management of the manufacturing or sales operations of the business. (8) For each person relinquishing their ownership interest in a partnership or membership of an LLC, a Statement of Relinquishment by MH-Unit/Commercial Modular Manufacturer, Distributor or Dealer, form HCD OL 49 (Rev. 06/09), which is incorporated by reference. (9) The fee specified in Section 5040 of this subchapter, whichever is applicable for the change of ownership structure to a partnership, an LLC or corporation, or change of partner or member. (b) Every license which is a corporation changing the ownership structure by the termination or addition of officers, directors or controlling stockholders shall notify the department within at least ten (10) calendar days after the effective date of the change by the submittal of the following: (1) Notice of Change of Corporate Officer(s) and/or Director(s), form HCD OL 15 (Rev. 06/09), which is incorporated by reference. (2) Application for MH-Unit/Commercial Modular Manufacturers, Distributors, Dealers and Salespersons, Part B, form HCD OL 29 (Rev. 06/09), which is incorporated by reference, for each new officer, director or controlling stockholder who will be designated to direct, control, operate or manage the manufacturing or sales operation of the license. (3) For each new officer, director or controlling stockholder who will be designated to direct, control, operate or manage the manufacturing or sales operation of the license, fingerprints must be submitted through the Live Scan fingerprint process. Unless exempted by DOJ, applicants shall provide a properly completed and legible copy of a Request for Live Scan Service, form HCD OL 8016 (New 11/05) which is incorporated by reference, or the equivalent form provided by DOJ. The form HCD OL 8016 or DOJ equivalent form must provide evidence that the fingerprints have been submitted to DOJ and that the department is properly listed as the agency to receive any criminal history information. Applicants applying for an exemption from the Live Scan process must submit their exemption requests through the department on the forms prescribed by DOJ. Fingerprints must be processed by a law enforcement agency or a DOJ-certified fingerprint roller. Additional fingerprinting may be required if the submitted fingerprints are rejected by DOJ or the Federal Bureau of Investigation. (4) Two (2) full facial photographs of each new officer, director or controlling stockholder who will be designated to direct, control, operate or manage the manufacturing or sales operations of the license, minimum size 1 1/4" x 1", taken from a maximum distance of six (6) feet. (5) For dealers only, proof of successful passage by each new officer and/or director of the MH-Unit or Commercial Modular Dealer Examination, as required by law and Section 5022 of this subchapter, within six (6) months prior to the application date. (6) Addition of corporate officer(s), director(s) or controlling stockholder(s), or elimination of a corporate officer, director or controlling stockholder fee specified in Section 5040 of this subchapter, whichever is applicable. (7) For MH-Unit dealer only, proof of completion of a preliminary education program as required by Section 5302 of this chapter for each person designated in Part A as participating in the direction, control or management of the sales 95
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