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OCCUPATIONAL LICENSING - REGULATIONS<br />

§ 5025. Change <strong>of</strong> Ownership<br />

(a) Every licensee which is changing ownership structure by termination or addition <strong>of</strong> partners or members <strong>of</strong> an<br />

limited liability company (LLC) or by changing the type <strong>of</strong> ownership structure to a partnership, an LLC, or corporation,<br />

shall notify the department at least ten (10) calendar days prior to the effective date <strong>of</strong> this change by the submittal <strong>of</strong><br />

the following:<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, <strong>and</strong> Dealers <strong>and</strong> Salespersons, Part<br />

B, form HCD OL 29 (Rev. 06/09), which is incorporated by reference, for each new person designated in Part A, who<br />

will direct, control, operate or manage the manufacturing or sales operations <strong>of</strong> the license.<br />

(3) For each person designated in Part A, who will direct, control, operate or manage the manufacturing or sales<br />

operations <strong>of</strong> the license, fingerprints must be submitted through the Live Scan fingerprint process. Unless exempted<br />

by DOJ, applicants shall provide a properly completed <strong>and</strong> legible copy <strong>of</strong> a Request for Live Scan Service, form<br />

HCD OL 8016 (New 11/05), which is incorporated by reference, or the equivalent form provided by DOJ. The form<br />

HCD OL 8016 or DOJ equivalent form must provide evidence that the fingerprints have been submitted to DOJ <strong>and</strong><br />

that the department is properly listed as the agency to receive any criminal history information. Applicants applying for<br />

an exemption from the Live Scan process must submit their exemption requests through the department on the forms<br />

prescribed by DOJ. Fingerprints must be processed by a law enforcement agency or a DOJ-certified fingerprint roller.<br />

Additional fingerprinting may be required if the submitted fingerprints are rejected by DOJ or the Federal Bureau <strong>of</strong><br />

Investigation.<br />

(4) Two (2) full facial photographs <strong>of</strong> each new person designated in Part A, who will direct, control, operate or<br />

manage the manufacturing or sales operations <strong>of</strong> the license.<br />

(5) For dealers only, a Certificate <strong>of</strong> Appointment, form HCD OL 28 (Rev. 11/05), which is incorporated by<br />

reference.<br />

(6) For dealers only, pro<strong>of</strong> <strong>of</strong> successful passage by each new person designated in Part A, who will direct, control,<br />

operate or manage the manufacturing or sales operations <strong>of</strong> the license, <strong>of</strong> the MH-Unit or Commercial Modular<br />

Dealer Examination, as required by law <strong>and</strong> Section 5022 <strong>of</strong> this subchapter, within six (6) months prior to the<br />

application date.<br />

(7) For MH-Unit dealers only, pro<strong>of</strong> <strong>of</strong> completion <strong>of</strong> a preliminary education program, as required by Section 5302<br />

<strong>of</strong> this chapter 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.<br />

(8) For each person relinquishing their ownership interest in a partnership or membership <strong>of</strong> an LLC, a Statement <strong>of</strong><br />

Relinquishment by MH-Unit/Commercial Modular Manufacturer, Distributor or Dealer, form HCD OL 49 (Rev. 06/09),<br />

which is incorporated by reference.<br />

(9) The fee specified in Section 5040 <strong>of</strong> this subchapter, whichever is applicable for the change <strong>of</strong> ownership<br />

structure to a partnership, an LLC or corporation, or change <strong>of</strong> partner or member.<br />

(b) Every license which is a corporation changing the ownership structure by the termination or addition <strong>of</strong> <strong>of</strong>ficers,<br />

directors or controlling stockholders shall notify the department within at least ten (10) calendar days after the effective<br />

date <strong>of</strong> the change by the submittal <strong>of</strong> the following:<br />

(1) Notice <strong>of</strong> Change <strong>of</strong> Corporate Officer(s) <strong>and</strong>/or Director(s), form HCD OL 15 (Rev. 06/09), which is<br />

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 new <strong>of</strong>ficer, director or controlling<br />

stockholder who will be designated to direct, control, operate or manage the manufacturing or sales operation <strong>of</strong> the<br />

license.<br />

(3) For each new <strong>of</strong>ficer, director or controlling stockholder who will be designated to direct, control, operate or<br />

manage the manufacturing or sales operation <strong>of</strong> the license, 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) Two (2) full facial photographs <strong>of</strong> each new <strong>of</strong>ficer, director or controlling stockholder who will be designated to<br />

direct, control, operate or manage the manufacturing or sales operations <strong>of</strong> the license, minimum size 1 1/4" x 1",<br />

taken from a maximum distance <strong>of</strong> six (6) feet.<br />

(5) For dealers only, pro<strong>of</strong> <strong>of</strong> successful passage by each new <strong>of</strong>ficer <strong>and</strong>/or director <strong>of</strong> the MH-Unit or Commercial<br />

Modular Dealer Examination, as required by law <strong>and</strong> Section 5022 <strong>of</strong> this subchapter, within six (6) months prior to<br />

the application date.<br />

(6) Addition <strong>of</strong> corporate <strong>of</strong>ficer(s), director(s) or controlling stockholder(s), or elimination <strong>of</strong> a corporate <strong>of</strong>ficer,<br />

director or controlling stockholder fee specified in Section 5040 <strong>of</strong> this subchapter, whichever is applicable.<br />

(7) For MH-Unit dealer only, pro<strong>of</strong> <strong>of</strong> completion <strong>of</strong> a preliminary education program as required by Section 5302 <strong>of</strong><br />

this chapter for each person designated in Part A as participating in the direction, control or management <strong>of</strong> the sales<br />

95

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