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OCCUPATIONAL LICENSING - REGULATIONS § 5082.5. Prohibited Sale Notice Whenever the department discovers by investigation that MH-Units or commercial modulars are being offered for sale, rent or lease by persons or at locations, which are not licensed as required by law and this chapter, or where the license has been suspended or revoked as a result of actions taken pursuant to Health and Safety Code Sections 18021.5, 18064 and 18064.5, or that any of the conditions exist providing for automatic cancellation of a license pursuant to Health and Safety Code Section 18065, the department may post Prohibited Sales Notices, conspicuous to the public, on the MH-Units or commercial modulars. § 5083. Monetary Penalties for Compromise Settlements Payment of the following monetary penalties may be required of an occupational licensee pursuant to a compromise settlement agreement between the Director and the licensee entered into pursuant to the provisions of Health and Safety Code Section 18064.5. (a) A minimum of $150 and a maximum of $500 for each violation of the following provisions of law: Health and Safety Code Sections 18058.5; 18059(b, c); 18059.5(a, b); 18060(a, c); 18060.5(d, g); 18061)d); 18061.5(b); and 18062.2(a, g, h). (b) A minimum of $100 and a maximum of $500 for each violation of the following provisions of law: Health and Safety Code Sections 18059(a); 18060(b); 18060.5(b, f); 18061(a, b, c, e); 18061.5(a); 18062(a, b, c); 18062.2(b, c); and 18062.5(a-e). (c) A minimum of $50 and a maximum of $500 for each violation of the following provisions of law: Health and Safety Code Sections 18062.2(d, e, f). Article 9. 90-Day Certificate Requirements § 5090. 90-Day Certificate Expiration (a) All 90-day certificates expire ninety (90) calendar days from the date of initial issuance. Expired certificate holders shall either: (1) Submit their expired certificates to the department within ten (10) calendar days. (2) Submit their expired certificate to the department within three (3) months of expiration, along with all salesperson application requirements in accordance with Section 5020 of this subchapter. (b) Any 90-day certificate holder working with an expired certificate without obtaining licensure status through this department may be subject to license refusal, or at the discretion of the department be subject to a penalty of 50 percent of the license fee in accordance with Section 5010 of this subchapter. § 5092. Suspension/Refusal to Issue/Revocation The department’s review of an application for a 90–day certificate shall be subject to the provisions of Health and Safety Code, Section 18050.5. § 5094. Supervision of Certificate Holders The dealer and/or a supervising managing employee shall directly supervise the activities of all 90-day certificate holders. "Directly Supervise" includes all of the following: (a) Continuous availability of the supervising managing employee or dealer to the 90-day certificate holder(s) on the premises of the dealer. (b) On an exclusive basis, supervising the activities of the 90-day certificate holder(s). (c) Regularly overseeing the activities of the certificate holder(s) and assuring their compliance with the laws governing MH-Unit or commercial modular sales and/or leasing. 104
PRELIMINARY AND CONTINUING EDUCATION - REGULATIONS Subchapter 2. PRELIMINARY AND CONTINUING EDUCATION § 5300. Definitions The following definitions shall govern this chapter: (a) Clock hour. Fifty (50) continuous minutes in an approved preliminary or continuing education course, seminar, or conference excluding breaks for meals or rest. (b) Continuing Education Course. A class, seminar or conference approved by the department, pursuant to law and this chapter, which offers licensees continuing education clock hour credits on one topic. (c) Correspondence Course. A continuing education program of a single topic approved by the department and transmitted by mail between a licensee and an approved course provider. (d) Course Provider. A person or entity offering preliminary or continuing education courses approved by the department. A course provider meeting the minimum qualifications established in this chapter may also be an approved instructor. (e) Instructor. A person approved by the department to present preliminary or continuing education courses while in the employ of a course provider. An instructor may also be a course provider. (f) Preliminary Education Course. A class, seminar or conference approved by the department pursuant to law and this chapter relating to laws and regulations governing manufactured home and mobilehome sales, specifically designed for persons not holding a manufactured home or mobilehome dealer or salesperson license. § 5301. Applicant Qualification to Receive Public Benefits When applying for a Continuing Education Course Approval, Preliminary Education Course Approval or Instructor Approval, or the renewal of a Continuing Education Course Approval, Preliminary Education Course Approval or Instructor Approval, if the applicant has not previously been determined to be eligible to receive public benefits, the applicant shall present documentation necessary to determine the applicant's qualification to receive public benefits pursuant to Chapter 5.5 of this division, beginning with Section 5802. § 5302. Application and Scope of Preliminary Education Requirements On or after January 1, 1987, preliminary education requirements apply to all MH-Unit dealer and salesperson license holders and applicants for these licenses, as specified in law and this subchapter. Applicants for licenses to sell only commercial modulars are not subject to preliminary education requirements. (a) All persons applying for a MH-Unit dealer license participating in the direction, control or management of the sales operation of the dealership, shall have completed an approved preliminary education program before applying for the dealer examination except as otherwise provided in this section. (b) No partner, controlling stockholder, director, general manager or officer shall participate in the direction, control or management of the sales operation of a dealership prior to satisfying the provisions of this chapter relating to licensing and preliminary education. (c) All persons applying for a MH-Unit salesperson license shall have completed an approved preliminary education program before applying for the salesperson examination except as otherwise provided in this section. (d) Holders of a valid dealer license that have already satisfied the preliminary education requirement, and subsequently apply for a salesperson or another dealer license, are not required to attend another preliminary education program. (e) Holders of a valid salesperson license that have already satisfied the preliminary education requirement and subsequently apply for a dealer license, are not required to attend another preliminary education program. (f) As specified in Section 5304 of this subchapter, continuing education requirements apply to applicants who held a MH-Unit dealer or salesperson license which has expired or was surrendered or cancelled within one (1) year of the new application for a MH-Unit dealer or salesperson license. § 5304. Application and Scope of Continuing Education Requirements (a) Applicants for, and holders of, MH-Unit dealer and salesperson licenses are subject to continuing education requirements as specified in law and this section and Section 5306 of this subchapter. (b) Holders of licenses to sell only commercial modulars are not subject to continuing education requirements. (c) The continuing education requirements apply to owners, each partner, controlling stockholder, director, general manager and officer who participates in the direction, control or management of the sales operation of a MH-Unit dealer. (d) Continuing education requirements apply to applicants who held a MH-Unit dealer or salesperson license which has expired or was surrendered or cancelled within one (1) year of the new application for a MH-Unit dealer or salesperson license. (e) All continuing education clock hour credits applied toward the renewal of a dealer or salesperson license shall have been earned during the term of the license to be renewed, except as provided in Section 5318 of this subchapter. (f) Holders of both a MH-Unit dealer and salesperson license may apply the same continuing education clock hour credits toward the renewal of both licenses, provided the credits were earned within the respective licensure terms. (g) Any partner, member, controlling stockholder, director, general manager or officer within the ownership of a dealership who becomes a participant in the direction, control or management of the sales operation of a dealership after issuance of the license is subject to continuing education requirements at the time of license renewal if more than 105
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PRELIMINARY AND CONTINUING EDUCATION - REGULATIONS<br />
Subchapter 2. PRELIMINARY AND CONTINUING EDUCATION<br />
<br />
§ 5300. Definitions<br />
The following definitions shall govern this chapter:<br />
(a) Clock hour. Fifty (50) continuous minutes in an approved preliminary or continuing education course, seminar, or<br />
conference excluding breaks for meals or rest.<br />
(b) Continuing Education Course. A class, seminar or conference approved by the department, pursuant to law <strong>and</strong><br />
this chapter, which <strong>of</strong>fers licensees continuing education clock hour credits on one topic.<br />
(c) Correspondence Course. A continuing education program <strong>of</strong> a single topic approved by the department <strong>and</strong><br />
transmitted by mail between a licensee <strong>and</strong> an approved course provider.<br />
(d) Course Provider. A person or entity <strong>of</strong>fering preliminary or continuing education courses approved by the<br />
department. A course provider meeting the minimum qualifications established in this chapter may also be an<br />
approved instructor.<br />
(e) Instructor. A person approved by the department to present preliminary or continuing education courses while in<br />
the employ <strong>of</strong> a course provider. An instructor may also be a course provider.<br />
(f) Preliminary Education Course. A class, seminar or conference approved by the department pursuant to law <strong>and</strong><br />
this chapter relating to laws <strong>and</strong> regulations governing manufactured home <strong>and</strong> mobilehome sales, specifically designed for<br />
persons not holding a manufactured home or mobilehome dealer or salesperson license.<br />
§ 5301. Applicant Qualification to Receive Public Benefits<br />
When applying for a Continuing Education Course Approval, Preliminary Education Course Approval or Instructor<br />
Approval, or the renewal <strong>of</strong> a Continuing Education Course Approval, Preliminary Education Course Approval or<br />
Instructor Approval, if the applicant has not previously been determined to be eligible to receive public benefits, the<br />
applicant shall present documentation necessary to determine the applicant's qualification to receive public benefits<br />
pursuant to Chapter 5.5 <strong>of</strong> this division, beginning with Section 5802.<br />
§ 5302. Application <strong>and</strong> Scope <strong>of</strong> Preliminary Education Requirements<br />
On or after January 1, 1987, preliminary education requirements apply to all MH-Unit dealer <strong>and</strong> salesperson license<br />
holders <strong>and</strong> applicants for these licenses, as specified in law <strong>and</strong> this subchapter. Applicants for licenses to sell only<br />
commercial modulars are not subject to preliminary education requirements.<br />
(a) All persons applying for a MH-Unit dealer license participating in the direction, control or management <strong>of</strong> the sales<br />
operation <strong>of</strong> the dealership, shall have completed an approved preliminary education program before applying for the<br />
dealer examination except as otherwise provided in this section.<br />
(b) No partner, controlling stockholder, director, general manager or <strong>of</strong>ficer shall participate in the direction, control or<br />
management <strong>of</strong> the sales operation <strong>of</strong> a dealership prior to satisfying the provisions <strong>of</strong> this chapter relating to licensing<br />
<strong>and</strong> preliminary education.<br />
(c) All persons applying for a MH-Unit salesperson license shall have completed an approved preliminary education<br />
program before applying for the salesperson examination except as otherwise provided in this section.<br />
(d) Holders <strong>of</strong> a valid dealer license that have already satisfied the preliminary education requirement, <strong>and</strong><br />
subsequently apply for a salesperson or another dealer license, are not required to attend another preliminary education<br />
program.<br />
(e) Holders <strong>of</strong> a valid salesperson license that have already satisfied the preliminary education requirement <strong>and</strong><br />
subsequently apply for a dealer license, are not required to attend another preliminary education program.<br />
(f) As specified in Section 5304 <strong>of</strong> this subchapter, continuing education requirements apply to applicants who held a<br />
MH-Unit dealer or salesperson license which has expired or was surrendered or cancelled within one (1) year <strong>of</strong> the<br />
new application for a MH-Unit dealer or salesperson license.<br />
§ 5304. Application <strong>and</strong> Scope <strong>of</strong> Continuing Education Requirements<br />
(a) Applicants for, <strong>and</strong> holders <strong>of</strong>, MH-Unit dealer <strong>and</strong> salesperson licenses are subject to continuing education<br />
requirements as specified in law <strong>and</strong> this section <strong>and</strong> Section 5306 <strong>of</strong> this subchapter.<br />
(b) Holders <strong>of</strong> licenses to sell only commercial modulars are not subject to continuing education requirements.<br />
(c) The continuing education requirements apply to owners, each partner, controlling stockholder, director, general<br />
manager <strong>and</strong> <strong>of</strong>ficer who participates in the direction, control or management <strong>of</strong> the sales operation <strong>of</strong> a MH-Unit<br />
dealer.<br />
(d) Continuing education requirements apply to applicants who held a MH-Unit dealer or salesperson license which<br />
has expired or was surrendered or cancelled within one (1) year <strong>of</strong> the new application for a MH-Unit dealer or<br />
salesperson license.<br />
(e) All continuing education clock hour credits applied toward the renewal <strong>of</strong> a dealer or salesperson license shall<br />
have been earned during the term <strong>of</strong> the license to be renewed, except as provided in Section 5318 <strong>of</strong> this subchapter.<br />
(f) Holders <strong>of</strong> both a MH-Unit dealer <strong>and</strong> salesperson license may apply the same continuing education clock hour<br />
credits toward the renewal <strong>of</strong> both licenses, provided the credits were earned within the respective licensure terms.<br />
(g) Any partner, member, controlling stockholder, director, general manager or <strong>of</strong>ficer within the ownership <strong>of</strong> a<br />
dealership who becomes a participant in the direction, control or management <strong>of</strong> the sales operation <strong>of</strong> a dealership<br />
after issuance <strong>of</strong> the license is subject to continuing education requirements at the time <strong>of</strong> license renewal if more than<br />
105
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