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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. 110

PRELIMINARY AND CONTINUING EDUCATION - REGULATIONS (10) The signature of the applicant certifying to the accuracy of the application and that the course will be presented as approved and conducted in a manner satisfying the intent of the law and requirements of this subchapter. (b) The application shall be accompanied by the fee specified in Section 5360 of this subchapter for an Application for Course Renewal. § 5342. Continuing Education Course Approval (a) Persons or entities seeking approval of a continuing 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 information specified in Section 5340 of this subchapter, and the following: (1) If the topic is not required by this subchapter, an explanation of the topic and how it relates to manufactured home and mobilehome sales and benefits a licensee. (2) The course title which shall include reference to the course topic and an outline of the course curriculum with a designation of the time-allotted to each topic segment of the curriculum. The outline shall reference any written materials, audio and/or audio-visual presentations or reference materials the course attendees will be provided or required to possess. (3) For correspondence courses, copies of all written, audio, and/or audio-visual lessons or presentations or other material provided or required to be possessed by those taking the course, the examination(s), instructions, warnings, certifications and envelopes in the form required by Section 5312 of this subchapter. (4) If challenge examinations are to be permitted, a copy of all examinations to be used and information as to the examination administration and maximum time permitted for completing the examination. (5) The clock hours to be earned. (b) The application shall be accompanied by the fee specified in Section 5360 of this subchapter for an Application for Continuing Education Course Approval. § 5344. Application for Approved Course Renewal (a) Any course provider seeking renewal of a previously approved preliminary education or continuing education course shall submit an Application for Approved Course, form HCD OL ED 131 (Rev. 06/09), which is incorporated by reference. On the application or as an attachment thereto, the applicant shall provide the following information and materials: (1) The name, address and telephone number of the applicant. (2) The course approval number issued by the department. (3) A disclosure of any change(s) to the course provider ownership and all information required in Section 5340 of this subchapter, for each new controlling stockholder, director, officer, partner or managing member. (4) A disclosure of any convictions of felonies or misdemeanors of any owner, controlling stockholder, director, officer, partner or managing member since the original application. (5) An itemized description of any change(s) to the course as originally approved. (6) Copies of any changed or new material. (7) For correspondence courses, a copy of the new examinations as required by Section 5312 of this subchapter. (8) The signature of the applicant certifying to the accuracy of the application. (b) The application shall be accompanied by the fee specified in Section 5360 of this subchapter for an Application for Approved Course Renewal. § 5346. Application to Change an Approved Course (a) Course providers seeking approval of voluntary changes or changes ordered by the department pursuant to Section 5320 of this subchapter, shall submit an Application to Change an Approved Course, form HCD OL ED 128 (Rev. 06/09), which is incorporated by reference. On the application form or as an attachment thereto, the applicant shall provide the following information: (1) The name, address and telephone number of the applicant. (2) The course approval number issued by the department. (3) An itemized description of the change(s) to the course as originally approved. (4) Copies of any changed or new material. (5) If the change(s) is a voluntary change, an explanation of the purpose for the change. (6) The signature of the applicant certifying to the accuracy of the application. (b) The application shall be accompanied by the fee specified in Section 5360 of this subchapter for Approval of Changes to Approved Courses. (c) The department shall require substantially altered courses to be submitted for approval pursuant to Sections 5340 or 5342 of this subchapter. A substantially altered course is one requiring more than one and one half (1 1/2) hours for processing and review by the department. § 5348. Application for Instructor Approval (a) Any person seeking approval to instruct preliminary or continuing education courses pursuant to this article, shall submit an Application for Instructor Approval, form HCD OL ED 124 (Rev. 06/09), which is incorporated by reference. On the application or as an attachment thereto, the applicant shall provide the following information: (1) The name, address and telephone number of the applicant. (2) The applicant's qualifications meeting the standards of Section 5326 of this subchapter. 111

PRELIMINARY AND CONTINUING EDUCATION - REGULATIONS<br />

(10) The signature <strong>of</strong> the applicant certifying to the accuracy <strong>of</strong> the application <strong>and</strong> that the course will be presented<br />

as approved <strong>and</strong> conducted in a manner satisfying the intent <strong>of</strong> the law <strong>and</strong> requirements <strong>of</strong> this subchapter.<br />

(b) The application shall be accompanied by the fee specified in Section 5360 <strong>of</strong> this subchapter for an Application for<br />

Course Renewal.<br />

§ 5342. Continuing Education Course Approval<br />

(a) Persons or entities seeking approval <strong>of</strong> a continuing education course shall submit an Application for Course<br />

Provider <strong>and</strong>/or Course Approval, Part A, form HCD OL ED 122 (Rev. 06/09) <strong>and</strong> an Application for Course Provider<br />

Approval, Part B, form HCD OL ED 123 (Rev. 06/09), which are incorporated by reference. On the application form or<br />

as an attachment thereto, the applicant shall provide the information specified in Section 5340 <strong>of</strong> this subchapter, <strong>and</strong><br />

the following:<br />

(1) If the topic is not required by this subchapter, an explanation <strong>of</strong> the topic <strong>and</strong> how it relates to manufactured<br />

home <strong>and</strong> mobilehome sales <strong>and</strong> benefits a licensee.<br />

(2) The course title which shall include reference to the course topic <strong>and</strong> an outline <strong>of</strong> the course curriculum with a<br />

designation <strong>of</strong> the time-allotted to each topic segment <strong>of</strong> the curriculum. The outline shall reference any written<br />

materials, audio <strong>and</strong>/or audio-visual presentations or reference materials the course attendees will be provided or<br />

required to possess.<br />

(3) For correspondence courses, copies <strong>of</strong> all written, audio, <strong>and</strong>/or audio-visual lessons or presentations or other<br />

material provided or required to be possessed by those taking the course, the examination(s), instructions, warnings,<br />

certifications <strong>and</strong> envelopes in the form required by Section 5312 <strong>of</strong> this subchapter.<br />

(4) If challenge examinations are to be permitted, a copy <strong>of</strong> all examinations to be used <strong>and</strong> information as to the<br />

examination administration <strong>and</strong> maximum time permitted for completing the examination.<br />

(5) The clock hours to be earned.<br />

(b) The application shall be accompanied by the fee specified in Section 5360 <strong>of</strong> this subchapter for an Application for<br />

Continuing Education Course Approval.<br />

§ 5344. Application for Approved Course Renewal<br />

(a) Any course provider seeking renewal <strong>of</strong> a previously approved preliminary education or continuing education<br />

course shall submit an Application for Approved Course, form HCD OL ED 131 (Rev. 06/09), which is incorporated by<br />

reference. On the application or as an attachment thereto, the applicant shall provide the following information <strong>and</strong><br />

materials:<br />

(1) The name, address <strong>and</strong> telephone number <strong>of</strong> the applicant.<br />

(2) The course approval number issued by the department.<br />

(3) A disclosure <strong>of</strong> any change(s) to the course provider ownership <strong>and</strong> all information required in Section 5340 <strong>of</strong><br />

this subchapter, for each new controlling stockholder, director, <strong>of</strong>ficer, partner or managing member.<br />

(4) A disclosure <strong>of</strong> any convictions <strong>of</strong> felonies or misdemeanors <strong>of</strong> any owner, controlling stockholder, director,<br />

<strong>of</strong>ficer, partner or managing member since the original application.<br />

(5) An itemized description <strong>of</strong> any change(s) to the course as originally approved.<br />

(6) Copies <strong>of</strong> any changed or new material.<br />

(7) For correspondence courses, a copy <strong>of</strong> the new examinations as required by Section 5312 <strong>of</strong> this subchapter.<br />

(8) The signature <strong>of</strong> the applicant certifying to the accuracy <strong>of</strong> the application.<br />

(b) The application shall be accompanied by the fee specified in Section 5360 <strong>of</strong> this subchapter for an Application for<br />

Approved Course Renewal.<br />

§ 5346. Application to Change an Approved Course<br />

(a) Course providers seeking approval <strong>of</strong> voluntary changes or changes ordered by the department pursuant to<br />

Section 5320 <strong>of</strong> this subchapter, shall submit an Application to Change an Approved Course, form HCD OL ED 128<br />

(Rev. 06/09), which is incorporated by reference. On the application form or as an attachment thereto, the applicant<br />

shall provide the following information:<br />

(1) The name, address <strong>and</strong> telephone number <strong>of</strong> the applicant.<br />

(2) The course approval number issued by the department.<br />

(3) An itemized description <strong>of</strong> the change(s) to the course as originally approved.<br />

(4) Copies <strong>of</strong> any changed or new material.<br />

(5) If the change(s) is a voluntary change, an explanation <strong>of</strong> the purpose for the change.<br />

(6) The signature <strong>of</strong> the applicant certifying to the accuracy <strong>of</strong> the application.<br />

(b) The application shall be accompanied by the fee specified in Section 5360 <strong>of</strong> this subchapter for Approval <strong>of</strong><br />

Changes to Approved Courses.<br />

(c) The department shall require substantially altered courses to be submitted for approval pursuant to Sections 5340<br />

or 5342 <strong>of</strong> this subchapter. A substantially altered course is one requiring more than one <strong>and</strong> one half (1 1/2) hours for<br />

processing <strong>and</strong> review by the department.<br />

§ 5348. Application for Instructor Approval<br />

(a) Any person seeking approval to instruct preliminary or continuing education courses pursuant to this article, shall<br />

submit an Application for Instructor Approval, form HCD OL ED 124 (Rev. 06/09), which is incorporated by reference.<br />

On the application or as an attachment thereto, the applicant shall provide the following information:<br />

(1) The name, address <strong>and</strong> telephone number <strong>of</strong> the applicant.<br />

(2) The applicant's qualifications meeting the st<strong>and</strong>ards <strong>of</strong> Section 5326 <strong>of</strong> this subchapter.<br />

111

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