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PRELIMINARY AND CONTINUING EDUCATION - REGULATIONS
(b) Course providers may refuse enrollment or disqualify persons for failure to pay registration fees or for
disruptive conduct during course presentations.
§ 5336. Course Provider Attendance Controls and Record Keeping Requirements
(a) Course providers shall conduct attendance controls during the course presentation and shall disqualify any person
not physically present throughout the course presentation.
(b) Prior to the issuance of the Certificate of Completion specified in Section 5322 of this subchapter, course
providers shall verify the identity of each course participant, by review of a valid driver's license or identification card
issued by the California Department of Motor Vehicles.
(c) Course providers shall maintain records of attendance documents, certificates of completion, certificates of course
presentation and any challenge examinations for a minimum of three (3) years. For correspondence courses, records of
the proctor's name, address and qualifying title or position, date and location of the examination, and copies of all
examinations administered shall be maintained for a minimum of three (3) years.
(d) Course provider records shall be readily available for review by the department at the course provider's business
location.
(e) The department may request that copies of course provider records be made and submitted to the department for
review.
§ 5338. General Requirements and Prohibitions
(a) No person shall earn more than 25 percent of his or her required continuing education credits from a course
provider who is licensed as a manufactured home and mobilehome dealer or salesperson and is the employee or
employer of the person earning credits.
(b) All course provider ownership, address and telephone number changes shall be reported to the department on a
Notice of Change in Ownership, Name or Address of a Course Provider or Instructor, form HCD OL ED 133 (Rev.
06/09), which is incorporated by reference, within ten (10) calendar days of the effective date of the change, along with
the fee specified in Section 5360 of this subchapter.
(c) Instructor name, address and telephone number changes shall be reported to the department on a Notice of Change
in Ownership, Name or Address of a Course Provider or Instructor, form HCD OL ED 133 (Rev. 06/09), which is
incorporated by reference, within ten (10) calendar days of the effective date of the change, along with the fee specified
in Section 5360 of this subchapter.
(d) The department shall not accept continuing education clock hour credits earned by challenge examinations as
permitted in Section 5314 of this subchapter, when the course provider is the licensee's employer or employee.
§ 5340. Preliminary Education Course Approval
(a) Persons or entities seeking approval of a preliminary education course shall submit an Application for Course
Provider and/or Course Approval, Part A, form HCD OL ED 122 (Rev. 06/09) and an Application for Course Provider
Approval, Part B, form HCD OL ED 123 (Rev. 06/09), which are incorporated by reference. On the application form or
as an attachment thereto, the applicant shall provide the following information and materials:
(1) The name, address and telephone number of the applicant. If the applicant is not a natural person, the names
and titles of all directors, officers, members or partners of the entity participating in the direction, control and operation
of the course provider business and the entity name, address and telephone number.
(2) A disclosure of any licenses issued by the department pursuant to this chapter to the individual course provider,
any director, officer, member or partner of an entity participating in the direction, control and operation of the course
provider business.
(3) A disclosure of any convictions of any felonies or misdemeanors of any owner, director, officer or partner.
(4) Two (2) full facial photographs of each individual owner and each director, officer, member or partner of an
entity participating in the direction, control and operation of the course provider business, minimum size 1 1/4" x 1",
taken from a maximum distance of six (6) feet.
(5) For each individual owner and each director, officer, member or partner of an entity participating in the direction,
control and operation of the course provider business, unless already on file with the department in conjunction with a
previous application, 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.
(6) A description as to how the course will be presented.
(7) Copies of all written, audio and audio-visual presentations, lessons, reference materials or other materials the
course attendants will be provided or required to possess.
(8) An outline of the course curriculum with a designation of the time allotted to each segment of the curriculum.
The outline shall reference any written materials, audio or audio-visual presentations, as provided in Subsection (a)(7)
above. This outline shall contain all topics required by Section 5308 of this subchapter.
(9) A description of the method of attendance control and record keeping.
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