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MOBILEHOMES-MANUFACTURED HOUSING ACT OF 1980<br />
Article 2.5 Continuing Education<br />
<br />
§ 18056. Legislative determination; Adoption <strong>of</strong> regulations<br />
(a) The Legislature has determined that it is in the public interest for consumer protection <strong>and</strong> service that all<br />
manufactured housing dealers <strong>and</strong> salespersons licensed under the provisions <strong>of</strong> this part comply with the<br />
continuing education requirements adopted by department regulations pursuant to this article. The provisions <strong>of</strong> this<br />
article shall not apply to those persons licensed only to sell commercial coaches.<br />
(b) The department shall adopt regulations implementing this article as emergency regulations in accordance with<br />
Chapter 3.5 (commencing with Section 11340) <strong>of</strong> Part 1 <strong>of</strong> Division 3 <strong>of</strong> Title 2 <strong>of</strong> the Government Code. For the purposes <strong>of</strong><br />
the Administrative Procedure Act, the adoption <strong>of</strong> the regulations shall be deemed to be an emergency <strong>and</strong> necessary for<br />
the immediate preservation <strong>of</strong> the public peace, health <strong>and</strong> safety, or general welfare.<br />
§ 18056.1. Solicitation <strong>of</strong> expert assistance <strong>and</strong> advice<br />
In carrying out its duties under this article, the department shall take reasonable steps to solicit the assistance <strong>and</strong> advice <strong>of</strong><br />
persons who are experts in the areas <strong>of</strong> mobilehome <strong>and</strong> manufactured housing <strong>and</strong> in education in the areas <strong>of</strong><br />
mobilehome <strong>and</strong> manufactured housing, including the needs <strong>and</strong> benefits <strong>of</strong> continuing education as provided for in this<br />
article.<br />
§ 18056.2. Number <strong>of</strong> continuing education hours; Regulations<br />
(a) Any person licensed as a dealer or salesperson to sell manufactured homes or mobilehomes shall have<br />
completed approved educational courses, seminars, or conferences, or their equivalent, during the period preceding<br />
license renewal on the following basis:<br />
(1) For the first license renewal period subsequent to issuance <strong>of</strong> the license: 24 hours.<br />
(2) For the second license renewal period subsequent to issuance <strong>of</strong> the license: 12 hours.<br />
(3) For the third <strong>and</strong> subsequent license renewal periods subsequent to the issuances <strong>of</strong> the license: six hours.<br />
(b) The regulations shall prescribe all <strong>of</strong> the following:<br />
(1) A basis <strong>and</strong> method <strong>of</strong> qualifying educational programs, including course content <strong>and</strong> topic requirements, <strong>and</strong><br />
instructors, the certification <strong>of</strong> attendance at which, or challenging the course <strong>of</strong> which, will satisfy the requirements <strong>of</strong> this<br />
article.<br />
(2) A procedure for evaluation <strong>of</strong> petitions based on a claim <strong>of</strong> equivalency with the requirements <strong>of</strong> subdivision (a),<br />
<strong>and</strong> a reasonable st<strong>and</strong>ard by which activity would be judged equivalent, including, but not limited to, instruction in<br />
manufactured housing educational programs, law, manufactured housing technical programs, or research.<br />
(3) A system <strong>of</strong> control <strong>and</strong> reporting qualifying attendance.<br />
(4) A statement <strong>of</strong> the conditions <strong>of</strong> exemption from the continuing education requirements established under this<br />
article, as well as a method <strong>of</strong> applying <strong>and</strong> qualifying for the exemption, for reason <strong>of</strong> health, military service, or other<br />
compelling cause.<br />
(5) Criteria for the content, availability, <strong>and</strong> procedures for no less than six hours <strong>of</strong> preliminary education courses or<br />
programs which shall be attended <strong>and</strong> successfully concluded by applicants for new dealers’ or salespersons’ licenses<br />
before the applicants take the licensing examinations.<br />
(c) In exercising the authority under this article, the department shall establish st<strong>and</strong>ards which will assure<br />
reasonable currency <strong>of</strong> knowledge as a basis for a level <strong>of</strong> manufactured housing practice which will provide a high level <strong>of</strong><br />
consumer protection <strong>and</strong> service. The st<strong>and</strong>ards shall include, where qualified, generally accredited educational<br />
institutions, private vocational schools, correspondence institutions, educational programs <strong>and</strong> seminars <strong>of</strong> pr<strong>of</strong>essional<br />
societies <strong>and</strong> organizations, other organized educational programs or technical subjects, or equivalent <strong>of</strong>ferings.<br />
§ 18056.3. Amendment or repeal <strong>of</strong> regulations<br />
The department may amend or repeal any regulation adopted pursuant to this article in the same manner as provided<br />
for adoption <strong>of</strong> regulations, except that no amendment or repeal shall operate to deprive any licensee <strong>of</strong> the right to<br />
submit qualifying education completed pursuant to the amended or repealed regulation during his or her current license<br />
term, as a basis for license renewal.<br />
§ 18056.4. Completion <strong>of</strong> requirements prior to issuance or renewal or license<br />
On or after January 1, 1987, no dealer’s or salesperson’s license shall be issued or renewed unless the<br />
department finds that the applicant has completed the preliminary or continuing education required by this article. Any<br />
denial <strong>of</strong> license issuance or renewal is subject to Article 2 (commencing with Section 18050).<br />
§ 18056.5. Grace period<br />
When the department finds that the evidence submitted in good faith by an applicant for a renewal license does not<br />
in fact qualify, it may extend the license for 90 days to allow the applicant to submit additional evidence to comply with this<br />
article. When the renewal license is issued during a grace period, it shall expire at the regular time otherwise<br />
provided for in this part.<br />
Article 3 Infractions <strong>and</strong> Penalties<br />
§ 18058. Violations by licensees; Suspension or revocation <strong>of</strong> license<br />
It is unlawful, <strong>and</strong> a violation <strong>of</strong> this part, if a person to whom a license is issued is any <strong>of</strong> the following:<br />
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