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

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MOBILEHOMES-MANUFACTURED HOUSING ACT OF 1980<br />

§ 18052. Temporary permits; Dem<strong>and</strong> for hearing<br />

(a) Pending the satisfaction <strong>of</strong> the department that the applicant meets the requirements under this article, it may<br />

issue a temporary permit to any person applying for a license for a period not to exceed 120 days while the department<br />

is completing its investigation <strong>and</strong> determination <strong>of</strong> all facts relative to the qualifications <strong>of</strong> the applicant to the license.<br />

The department may cancel a temporary permit when it determines or has reasonable cause to believe that the<br />

application is incorrect, fraudulent, or incomplete, or that the temporary permit was issued in error. The temporary permit<br />

shall be invalid immediately when canceled by the department or when the applicant’s license has been issued or refused.<br />

(b) Upon refusal <strong>of</strong> the department to issue a license to an applicant, the applicant may dem<strong>and</strong>, in writing, a hearing<br />

before the director or his or her representative within 60 days after notice <strong>of</strong> refusal <strong>and</strong> receipt <strong>of</strong> a statement <strong>of</strong> issues.<br />

§ 18052.5. Certificates <strong>of</strong> convenience<br />

The department may issue a certificate <strong>of</strong> convenience to the executor, executrix, administrator, or administratrix <strong>of</strong> the<br />

estate <strong>of</strong> a deceased holder <strong>of</strong> a validly outst<strong>and</strong>ing license issued under this part, or, if no executor, executrix, administrator, or<br />

administratrix has been appointed <strong>and</strong> until a certified copy <strong>of</strong> an order making the appointment is filed with the<br />

department, to the surviving spouse or another heir otherwise entitled to conduct the business <strong>of</strong> the deceased. The<br />

certificate shall permit that person to exercise the privileges granted by the license for a period <strong>of</strong> one year from <strong>and</strong> after<br />

the date <strong>of</strong> death. The department may issue necessary one–year renewals <strong>of</strong> that certificate pending, but not later<br />

than, disposal <strong>of</strong> the business <strong>and</strong> qualification <strong>of</strong> the vendee <strong>of</strong> the business or the surviving spouse, heir, or other<br />

persons for the license under the provisions <strong>of</strong> this part. The department may restrict or condition the certificate <strong>of</strong><br />

convenience or the license <strong>and</strong> attach to the exercise <strong>of</strong> the privileges thereunder those terms <strong>and</strong> conditions as it<br />

determines are necessary for the protection <strong>of</strong> the public.<br />

§ 18052.6. 90–day certificate on one–time–only basis<br />

(a) Notwithst<strong>and</strong>ing any <strong>of</strong> the provisions <strong>of</strong> this chapter, the department may, on a one–time–only basis, issue a 90–day<br />

certificate to an applicant for an original salesperson’s license. The certificate shall permit that person to exercise the<br />

privileges granted by the license for a period not to exceed 90 days from the date <strong>of</strong> issuance. Any person, while acting<br />

under the authority <strong>of</strong> the 90–day certificate, shall not execute any documents, contracts, or listing agreements, or<br />

accept any cash or cash equivalent, for the sale or lease <strong>of</strong> a new or used manufactured home.<br />

(b) Prior to the expiration <strong>of</strong> the 90–day certificate, the holder shall complete all other requirements prescribed under<br />

this chapter, in order to continue as a salesperson past the expiration date <strong>of</strong> the 90–day certificate.<br />

(c) The department may restrict or condition the 90–day certificate, <strong>and</strong> attach to the exercise <strong>of</strong> the privileges<br />

thereunder, those terms <strong>and</strong> conditions as it determines are necessary for the protection <strong>of</strong> the public.<br />

(d) The department may establish a fee to cover the costs for the issuance <strong>of</strong> the 90–day certificate.<br />

(e) The department shall report to the Legislature the number <strong>of</strong> 90–day certificates issued <strong>and</strong> the name <strong>and</strong><br />

address <strong>of</strong> the employing dealer <strong>of</strong> the salesperson holding the certificate during the year 1990.<br />

§ 18052.7. Restrictions on employment <strong>of</strong> 90–day licensees<br />

No dealer shall employ more than three salespersons licensed pursuant to a 90–day certificate at his or her<br />

established place <strong>of</strong> business at any one time. In the case where a dealer has more than one established place <strong>of</strong><br />

business, the dealer may employ up to three salespersons licensed pursuant to a 90–day certificate at each place <strong>of</strong><br />

business. If a dealer employs a salesperson licensed pursuant to a 90–day certificate, the dealer shall designate a<br />

responsible managing employee who shall directly supervise those salespersons at each established place <strong>of</strong><br />

business at which they are employed. The dealer shall bear full legal responsibility for all actions <strong>of</strong> employed<br />

salespersons licensed pursuant to a 90–day certificate.<br />

§ 18053. Reapplications<br />

A person whose license has been revoked or whose application for a license has been denied shall not reapply for a<br />

license for a period <strong>of</strong> at least one year from the effective date <strong>of</strong> the decision revoking the license or denying the<br />

application, except, if the decision was entered under the authority <strong>of</strong> subdivision (a), (b), (g), or (j) <strong>of</strong> Section 18050.5 or<br />

subdivision (b) <strong>of</strong> Section 18060, a reapplication, accompanied by evidence satisfactory to the department that the<br />

grounds for that decision no longer exist, may be made earlier than that one–year period.<br />

§ 18053.5. Examinations<br />

(a) Except as otherwise provided in this section, every applicant for a manufactured home, mobilehome, or<br />

commercial coach dealer’s or salesperson’s license shall be required to take <strong>and</strong> successfully complete a written<br />

examination, prepared <strong>and</strong> administered by the department. The examination shall include, but not be limited to,<br />

subjects relating to manufactured homes, mobilehomes, <strong>and</strong> commercial coaches, laws relating to contracts for the sale<br />

<strong>of</strong> manufactured homes, mobilehomes, <strong>and</strong> commercial coaches, laws covering truth in lending, <strong>and</strong> departmental <strong>and</strong><br />

warranty requirements.<br />

(b) The department may administer an oral examination in lieu <strong>of</strong> the written examination required by<br />

subdivision (a) under the following conditions:<br />

(1) To any person who applies for a manufactured home, mobilehome, or commercial coach<br />

salesperson’s license.<br />

(2) To any person who applies for a manufactured home, mobilehome, or commercial coach dealer’s license if the<br />

person is not the sole owner <strong>of</strong> the dealership <strong>and</strong> there are other persons within the ownership structure who meet the<br />

requirements <strong>of</strong> subdivision (a).<br />

(3) To any person with a physical h<strong>and</strong>icap if the h<strong>and</strong>icap makes the taking <strong>of</strong> a written examination<br />

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