18050-18055

HEALTH AND SAFETY CODE
SECTION 18050-18055




18050.  (a) Every applicant for an occupational license shall make
application to the department for a license containing a general
distinguishing number.
   (b) The applicant shall submit all information as may be
reasonably required by the department in carrying out the provisions
of this chapter, including, but not limited to, proof of successful
completion within the previous six months of the appropriate
department examination and proof of his or her status as a bona fide
manufacturer, distributor, dealer, dealer branch, or salesperson.
   (c) The applicant shall submit an application to the department on
the forms prescribed by the department. The applicant shall provide
the department with information as to the applicant's character,
honesty, integrity, and reputation, as the department may consider
necessary. The department, by regulation, shall prescribe what
information is required of the applicant for the purposes of this
subdivision.
   (d) (1) In conjunction with the license application, the applicant
shall submit to the Department of Justice fingerprint images and
related information required by the Department of Justice for the
purposes of obtaining information as to the existence and content of
a record of state or federal convictions, and state or federal
arrests for which the Department of Justice establishes that the
person is free on bail or on his or her recognizance pending trial or
appeal.
   (2) Upon receipt of the fingerprint images and related information
described in paragraph (1) from the applicant, the Department of
Justice shall forward to the Federal Bureau of Investigation a
request for federal summary criminal history information.
   (3) Upon receipt of federal summary criminal history information
from the Federal Bureau of Investigation, the Department of Justice
shall review that information and compile and disseminate a response
to the Department of Housing and Community Development pursuant to
paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.
   (4) The Department of Housing and Community Development shall
request subsequent arrest notification service from the Department of
Justice, as provided under Section 11105.2 of the Penal Code, for
the applicant.
   (5) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the requests described in this
subdivision.
   (e) Upon receipt of a complete application for a license that is
accompanied by the appropriate fee, the department shall, within 120
days, make a thorough investigation of the information contained in
the application.


18050.5.  The department may, for a reasonable cause shown, refuse
to issue a license to an applicant when it determines any of the
following:
   (a) The applicant was previously the holder of a license, which
license was revoked for cause and never reissued, or which license
was suspended for cause and the terms of suspension have not been
fulfilled.
   (b) The applicant was previously a limited or general partner,
stockholder, director, general manager, or officer of a partnership
or corporation whose license was revoked for cause and never reissued
or was suspended for cause and the terms of suspension have not been
fulfilled.
   (c) If the applicant is a partnership or corporation, of which one
or more of the limited or general partners, stockholders, directors
or officers was previously the holder or a limited or general
partner, stockholder, director or officer of a partnership or
corporation whose license was revoked for cause and never reissued or
was suspended for cause and the terms of suspension have not been
fulfilled, or by reason of the facts and circumstances touching the
organization, control, and management of the partnership or
corporation business the policy of the business will be directed,
controlled, or managed by individuals, who, by reason of their
conviction of violations of the provisions of this part, would be
ineligible for a license and by licensing the corporation or
partnership the purposes of this part would likely be defeated.
   (d) The applicant, or one of the limited or general partners, if
the applicant be a partnership, or one or more of the officers or
directors of the corporation, if the corporation be the applicant, or
one or more of the stockholders, if the policy of the business will
be directed, controlled, or managed by that stockholder or
stockholders, has been convicted of a felony or a crime involving
moral turpitude, or has been held liable in a civil court action for
any act or conduct that involved moral turpitude and is substantially
related to the qualifications, functions, or duties of the licensed
activity. A conviction after a plea of nolo contendere is deemed to
be a conviction within the meaning of this section.
   (e) The information contained in the application is incorrect.
   (f) Upon investigation, the business history required by Section
18050 contains incomplete or incorrect information, or reflects
substantial business irregularities.
   (g) The decision of the department to cancel, suspend, or revoke a
license has been entered, and the applicant was the licensee, or a
copartner, officer, director, or stockholder of that licensee.
   (h) The existence of any of the causes specified in Section 18058
as a cause to suspend or revoke the license issued to a licensee.
   (i) An applicant for a dealer's license has failed to effectively
endorse an authorization for disclosure of an account or accounts
relating to the operation of the dealership, as provided for in
Section 7473 of the Government Code.
   (j) The applicant has outstanding an unsatisfied final judgment
rendered in connection with an activity licensed under this part.
   (k) The applicant or licensee has failed to pay over funds or
property received in the course of employment to a dealer entitled
thereto.
   (l) The applicant has acted as a manufactured home, mobilehome, or
commercial coach salesperson or engaged in this activity for, or on
behalf of, more than a single person whose business does not have
identical ownership and structure. The activity shall be for a
licensed dealer. Nothing contained in this section shall be deemed to
restrict the number of dealerships of which a person may be an
owner, officer, or director, nor to preclude a manufactured home,
mobilehome, or commercial coach salesperson from working at more than
one location of a single dealer, if the business of the dealer has
identical ownership and structure.



18050.7.  In addition to any other requirements imposed by this part
or regulations of the department, the department shall not grant an
initial manufactured home or mobilehome dealer's license to any
applicant who has not satisfied all of the education and experience
requirements contained in this section. If the applicant for a
manufactured home or mobilehome dealer's license is a partnership,
corporation, or other business entity, each person designated to
participate in the direction, control, or management of the sales
operation of the entity shall meet all of the education and
experience requirements contained in this section prior to issuance
of a manufactured home or mobilehome dealer's license by the
department.
   (a) The applicant either shall have held a valid manufactured home
or mobilehome salesperson's license issued by the department for at
least two years within the five-year period immediately preceding the
application for an initial manufactured home or mobilehome dealer's
license, or shall meet any of the following criteria:
   (1) Has acquired a four-year degree from an accredited college or
university.
   (2) Has held a valid manufactured home or mobilehome salesperson's
license issued by the department for one year in the past three
years and acquired an associate of arts or associate of science
degree from an accredited college.
   (3) Has been the officer of the corporation, owner or partner of,
or has held a management position relating to finance, marketing,
administration, or general management with, a manufacturer of
manufactured housing in any state for two years within the five years
immediately preceding application for an initial manufactured home
or mobilehome dealer's license.
   (4) Holds a management position with a housing authority,
redevelopment agency, or nonprofit housing corporation which is
developing individual lots, a subdivision, or a park for the
placement of manufactured homes or mobilehomes.
   (5) Has been an escrow, title, or loan officer of a land title
company, bank, savings and loan association, or mortgage company in a
capacity directly related to financing or conveying title to
manufactured housing for two years within the five years immediately
preceding application for an initial manufactured home or mobilehome
dealer's license.
   (6) Has been a subdivider, developer, or contractor in any state
for at least two years within the five years immediately preceding
application for an initial manufactured home or mobilehome dealer's
license, during which time the applicant developed or sold 10 lots or
the equivalent.
   (7) Has been the officer of a corporation, the owner or partner of
a mobilehome park or mobilehome park management company in any state
for at least two years within the five years immediately preceding
the application for an initial manufactured home or mobilehome dealer'
s license.
   (8) Has held a manufactured home or mobilehome dealer's license
from a state other than California for at least four years within the
five years immediately preceding the application for an initial
manufactured home or mobilehome dealer's license, and has completed
24 hours of continuing education class in California, in addition to
the preliminary education requirement of subdivision (b).
   (9) Has previously held a valid manufactured home or mobilehome
dealer's license issued by the department, or was a person designated
to participate in the direction, control, or management of the sales
operations of a partnership, corporation, or other business entity
that previously held a valid manufactured home or mobilehome dealer's
license issued by the department and the license has never been
revoked for cause, and never reissued, or suspended for cause and the
terms of suspension have not been fulfilled.
   (10) Has any combination of the above experience that would
provide at least two years of experience within the five years
immediately preceding the application for an initial manufactured
home or mobilehome dealer's license. The two years of experience
shall not be concurrent.
   (b) The applicant shall have met the applicable preliminary
education requirements for the manufactured home or mobilehome dealer'
s license under paragraph (5) of subdivision (b) of Section 18056.2.
   (c) The department may adopt regulations, as necessary, to
implement this section.


18051.  (a) Except where the provisions of this part require the
refusal to issue a license, the department may issue a probationary
license subject to conditions to be observed by the licensee in the
exercise of the privilege granted. The conditions to be attached to
the exercise of the privilege shall not appear on the face of the
probationary license, but shall, in the judgment of the department,
be in the public interest and suitable to the qualifications of the
applicant as disclosed by the application and investigation by the
department of the information contained therein.
   (b) Within 60 days after issuance of a probationary license, the
applicant may demand, in writing, a hearing before the director or
his or her representative.



18052.  (a) Pending the satisfaction of the department that the
applicant meets the requirements under this article, it may issue a
temporary permit to any person applying for a license for a period
not to exceed 120 days while the department is completing its
investigation and determination of all facts relative to the
qualifications of the applicant to the license. The department may
cancel a temporary permit when it determines or has reasonable cause
to believe that the application is incorrect, fraudulent, or
incomplete, or that the temporary permit was issued in error. The
temporary permit shall be invalid immediately when canceled by the
department or when the applicant's license has been issued or
refused.
   (b) Upon refusal of the department to issue a license to an
applicant, the applicant may demand, in writing, a hearing before the
director or his or her representative within 60 days after notice of
refusal and receipt of a statement of issues.



18052.5.  The department may issue a certificate of convenience to
the executor, executrix, administrator, or administratrix of the
estate of a deceased holder of a validly outstanding license issued
under this part, or, if no executor, executrix, administrator, or
administratrix has been appointed and until a certified copy of an
order making the appointment is filed with the department, to the
surviving spouse or another heir otherwise entitled to conduct the
business of the deceased. The certificate shall permit that person to
exercise the privileges granted by the license for a period of one
year from and after the date of death. The department may issue
necessary one-year renewals of that certificate pending, but not
later than, disposal of the business and qualification of the vendee
of the business or the surviving spouse, heir, or other persons for
the license under the provisions of this part. The department may
restrict or condition the certificate of convenience or the license
and attach to the exercise of the privileges thereunder those terms
and conditions as it determines are necessary for the protection of
the public.



18052.6.  (a) Notwithstanding any of the provisions of this chapter,
the department may, on a one-time-only basis, issue a 90-day
certificate to an applicant for an original salesperson's license.
The certificate shall permit that person to exercise the privileges
granted by the license for a period not to exceed 90 days from the
date of issuance. Any person, while acting under the authority of the
90-day certificate, shall not execute any documents, contracts, or
listing agreements, or accept any cash or cash equivalent, for the
sale or lease of a new or used manufactured home.
   (b) Prior to the expiration of the 90-day certificate, the holder
shall complete all other requirements prescribed under this chapter,
in order to continue as a salesperson past the expiration date of the
90-day certificate.
   (c) The department may restrict or condition the 90-day
certificate, and attach to the exercise of the privileges thereunder,
those terms and conditions as it determines are necessary for the
protection of the public.
   (d) The department may establish a fee to cover the costs for the
issuance of the 90-day certificate.
   (e) The department shall report to the Legislature the number of
90-day certificates issued and the name and address of the employing
dealer of the salesperson holding the certificate during the year
1990.


18052.7.  No dealer shall employ more than three salespersons
licensed pursuant to a 90-day certificate at his or her established
place of business at any one time. In the case where a dealer has
more than one established place of business, the dealer may employ up
to three salespersons licensed pursuant to a 90-day certificate at
each place of business. If a dealer employs a salesperson licensed
pursuant to a 90-day certificate, the dealer shall designate a
responsible managing employee who shall directly supervise those
salespersons at each established place of business at which they are
employed. The dealer shall bear full legal responsibility for all
actions of employed salespersons licensed pursuant to a 90-day
certificate.



18053.  A person whose license has been revoked or whose application
for a license has been denied shall not reapply for a license for a
period of at least one year from the effective date of the decision
revoking the license or denying the application, except, if the
decision was entered under the authority of subdivision (a), (b),
(g), or (j) of Section 18050.5 or subdivision (b) of Section 18060, a
reapplication, accompanied by evidence satisfactory to the
department that the grounds for that decision no longer exist, may be
made earlier than that one-year period.



18053.5.  (a) Except as otherwise provided in this section, every
applicant for a manufactured home, mobilehome, or commercial coach
dealer's or salesperson's license shall be required to take and
successfully complete a written examination, prepared and
administered by the department. The examination shall include, but
not be limited to, subjects relating to manufactured homes,
mobilehomes, and commercial coaches, laws relating to contracts for
the sale of manufactured homes, mobilehomes, and commercial coaches,
laws covering truth in lending, and departmental and warranty
requirements.
   (b) The department may administer an oral examination in lieu of
the written examination required by subdivision (a) under the
following conditions:
   (1) To any person who applies for a manufactured home, mobilehome,
or commercial coach salesperson's license.
   (2) To any person who applies for a manufactured home, mobilehome,
or commercial coach dealer's license if the person is not the sole
owner of the dealership and there are other persons within the
ownership structure who meet the requirements of subdivision (a).
   (3) To any person with a physical handicap if the handicap makes
the taking of a written examination unreasonable.
   (c) No person, who, on July 1, 1976, held a then valid salesperson'
s license issued pursuant to the Vehicle Code and who has,
continuously, for the same employer, been a salesperson of
manufactured homes, mobilehomes, or commercial coaches, shall be
required to take the examination specified in subdivision (a).
   (d) No person, who, on July 1, 1976, held a then valid salesperson'
s license issued pursuant to the Vehicle Code and who has
continuously been a manufactured home, mobilehome, or commercial
coach dealer, shall be required to take the examination specified in
subdivision (a), regardless of whether the person subsequently makes
an application to do business under a different name or form of
business organization. However, a salesperson of manufactured homes,
mobilehomes, or commercial coaches who makes an application for a
manufactured home, mobilehome, or commercial coach dealer's license
shall be required to take and successfully complete the examination
specified in subdivision (a).
   (e) If the applicant for a manufactured home, mobilehome, or
commercial coach dealer's license is a corporation or partnership,
only those persons who will participate in the direction, control, or
management, or any combination thereof, of the sales operations of
the business, or who act in the capacity of a manufactured home,
mobilehome, or commercial coach salesperson, shall be required to
take and successfully complete the examination specified in
subdivision (a). However, if no officer or director of the
corporation or a partner, or the partners thereof participates in the
direction, control, or management, or any combination thereof, of
the sales operations of the business, or acts in the capacity of a
manufactured home, mobilehome, or commercial coach salesperson, the
corporation or partnership shall designate and maintain a responsible
managing employee who is a licensed manufactured home, mobilehome,
or commercial coach salesperson and who shall be required to take,
and successfully complete, the examination specified in subdivision
(a) for a dealer's license before a dealer's license may be issued.
   (f) Every person who applies to the department to take the
examination required under this section for a dealer's or salesperson'
s license shall pay to the department a fee established by the
department.


18054.  (a) The department, upon granting a license, shall issue to
the applicant a license with a size and format established by the
department containing at least the applicant's name and address, the
general distinguishing number assigned to the applicant and
expiration date. For salespersons, the license shall also state the
name and address of the employing dealer. The department may issue
other forms of identification to licensees.
   (b) The department shall also furnish books and forms as it may
determine necessary. All books, forms, and licenses shall remain the
property of the department and may be taken up at any time for
inspection.
   (c) A licensee shall promptly obtain a replacement license when
the original is either lost or mutilated, and, in the case of a
salesperson, when changing his or her name, employment, or residence
address.
   (d) Whenever the department cancels, suspends, or revokes a
license, the licensee or person in possession shall immediately
return the license, documents, transportation decals, report of sales
books, certificates, and other evidence of licensure to the
department.



18054.7.  (a) Every occupational license issued to a manufacturer,
distributor, dealer, or salesperson shall expire on the last day of
the 24th month following the date of issuance of the temporary
permit, pursuant to Section 18052.
   (b) Every occupational license renewed by a manufacturer,
distributor, dealer, or salesperson shall be for a term of 24 months.
   (c) Applications to renew an occupational license held by a
manufacturer, distributor, dealer, or salesperson shall be received
by the department or postmarked during the month of expiration. An
expired occupational license may be reinstated upon application for
reinstatement to the department within 60 days of expiration. The
application for reinstatement shall be accompanied with the payment
of all renewal fees and a reinstatement fee equal to 50 percent of
the renewal fee.
   (d) Holders of an expired occupational license shall discontinue
all activities of a licensee until a new license or temporary permit
is obtained from the department, except that an applicant for renewal
may continue to operate with an expired occupational license,
provided all other requirements of rules, regulations, and laws
governing their activities are met, until the application for renewal
is approved or denied.


18055.  (a) The department may require that fees shall be paid to
the department for the issuance or renewal of a license to do
business as a licensee. The fees shall reimburse the department for
costs incurred in administration and enforcement of this chapter. The
department may refuse to renew a license if a licensee has failed to
pay any fees or penalties due the department pursuant to this part.
   (b) Any person required to be licensed under this chapter who
fails to make application for a license when required shall, in
addition to the fees required pursuant to subdivision (a), pay a
penalty of 50 percent of the license fee.