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

OCCUPATIONAL LICENSING - REGULATIONS
§ 5073. Disclosure of Information Regarding Disciplinary Actions
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.
Article 8. Enforcement Actions and Penalties
§ 5080. Enforcement
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.
§ 5081. Complaint and Monitoring Investigation
(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.
(c) Upon written request, the department may, at its discretion, grant an extension of time for correction of violations.
(d) The department may make an independent investigation and/or may institute appropriate legal and/or
administrative action as necessary to secure compliance with law if the person notified of the complaint fails to take or
complete appropriate action within the specified time, or at any other time deemed necessary and appropriate by the
department.
(e) To the extent that the department deems it necessary to investigate, inspect, or reinspect to ensure compliance
with law, the person responsible for taking the corrective action shall submit fees pursuant to Section 5040 of this
subchapter within fifteen (15) calendar days after billing by the department. The person or entity liable for such fees may
appeal that determination in writing to the director of the department within ten (10) calendar days after such billing.
Failure to pay the fees shall be grounds for administrative action by the department.
(f) No license may be renewed if an outstanding fee has not been paid.
§ 5082. Notices of Suspension, Revocation, or Cancellation
(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.
103