Section 5020 - Application Requirements(a) An application for an occupational license or 90-day certificate shall contain that information required by the department, including, but not limited to, the forms and items listed in this section.(b) Applicants for licenses pursuant to this section shall present documentation necessary to determine an applicant's eligibility to receive public benefits pursuant to Chapter 5.5 of this division, beginning with Section 5802.(c) If the applicant is a partnership, limited liability company, or corporation, the names and titles of all controlling partners, members, stockholders, directors, general managers and officers who are designated to direct, control or manage the manufacturing or sales affairs of the applicant or licensee, subject to law or this chapter, shall be disclosed. For a partnership attach a copy of the executed partnership agreement; for an LLC attach a copy of the current Articles of Organization filed with the California Secretary of State (SOS); for a corporation attach a copy of the current Articles of Incorporation filed with the SOS.(d) Manufacturer License. The following forms and items are required to be submitted by applicants for a manufacturer's license:(1) Application for MH-Unit/Commercial Modular Manufacturers, Distributors, and Dealers, Part A, form HCD OL 12 (Rev. 06/09), which is incorporated by reference.(2) Application for MH-Unit/Commercial Modular Manufacturers, Distributors, Dealers and Salespersons, Part B, form HCD OL 29 (Rev. 06/09), which is incorporated by reference, for each person designated in Part A as participating in the direction, control or management of the manufacturing or sales operations of the business.(3) Application for MH-Unit/Commercial Modular Manufacturers, Distributors and Dealers, Part C, form HCD OL 21 (Rev. 06/09), which is incorporated by reference, for each established place of business.(4) For each person designated in Part A as participating in the direction, control or management of the manufacturing or sales operations of the business, 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. Fingerprinting 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.(5) Two (2) full facial photographs of each person designated in Part A as participating in the direction, control or management of the manufacturing or sales operations of the business, minimum size 1 1/4 " x 1", taken from a maximum distance of six (6) feet.(6) Business photographs: One (1) photograph showing the manufacturing area and one (1) photograph of the exterior of the office for each established place of business.(7) A list of model or brand names to be manufactured at each established place of business.(8) An explanation of the serial number configuration to be assigned to MH-Units or commercial modulars.(9) The original manufacturer license application fee specified in Section 5040 of this subchapter for each established place of business.(e) Distributor License. The following forms and items are required to be submitted by applicants for a distributor's license:(1) Application for MH-Unit/Commercial Modular Manufacturers, Distributors, and Dealers, Part A who is designated as participating in the direction, control, or management of the manufacturing or sales operations of the business, form HCD OL 12 (Rev. 06/09), which is incorporated by reference.(2) Application for MH-Unit/Commercial Modular Manufacturers, Distributors, Dealers and Salespersons, Part B, form HCD OL 29 (Rev. 06/09), which is incorporated by reference, for each person designated in Part A as participating in the direction, control, or management of the manufacturing or sales operations of the business.(3) Application for MH-Unit/Commercial Modular Manufacturers, Distributors and Dealers, Part C, form HCD OL 21 (Rev. 06/09), which is incorporated by reference, for each established place of business.(4) For each person designated in Part A as participating in the direction, control, or management of the manufacturing or sales operations of the business, 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.(5) Two (2) full facial photographs of each person designated in Part A as participating in the direction, control, or management of the manufacturing or sales operations of the business, minimum size 1 1/4 " x 1", taken from a maximum distance of six (6) feet.(6) Business photographs: One (1) photograph showing the exterior of the office for each established place of business.(7) A list of the name, address, brands and models of each manufacturer whose line will be distributed.(8) An explanation of the manufacturer's serial numbers configuration assigned to MH-Units or commercial modulars.(9) The original distributor license application fee specified in Section 5040 of this subchapter for each established place of business.(f) Dealer License. The following forms and items are required to be submitted by applicants for a dealer's license: (1) Application for MH-Unit/Commercial Modular Manufacturers, Distributors, and Dealers, Part A, form HCD OL 12 (Rev. 06/09), which is incorporated by reference.(2) Application for MH-Unit/Commercial Modular Manufacturers, Distributors, Dealers and Salespersons, Part B, form HCD OL 29 (Rev. 06/09), which is incorporated by reference, for each person designated in Part A as participating in the direction, control, or management of the sales operations of the business. Manufactured home dealer applicants using a bachelor's degree from an accredited United States (U.S.) college or university to qualify for the license shall provide acceptable evidence to the department (e.g., certified transcripts) that the applicant earned the degree and the degree is from an accredited college or university, such as those listed by the U.S. Department of Education (USDE), the California Department of Education (CDE) or one of the accrediting agencies recognized by the USDE or CDE. Applicants using a foreign or non-English college or university degree shall have the degree translated into English. The applicant shall submit verification that the degree is from an accredited college or university and is equivalent to a bachelor's degree from an accredited U.S. college or university. Applicants may obtain a degree translation and/or verification from any U.S. accredited college or university, a business approved for that purpose by the USDE, CDE, or the California Department of Real Estate. Translation and/or verification criteria from other government agencies, not identified in this section may be acceptable. For translation only, the consul of the country where the foreign degree was earned or by a translation bureau may be acceptable. Two (2) or more associate degrees are not acceptable to satisfy the education criteria, however a graduate degree from an accredited college or university may be acceptable.(3) Application for MH-Unit/Commercial Modular Manufacturers, Distributors and Dealers, Part C, form HCD OL 21 (Rev. 06/09), which is incorporated by reference, for each established place of business.(4) Application for MH-Unit/Commercial Modular Dealers, Part D, form HCD OL 50 (Rev. 06/09), which is incorporated by reference.(5) For each person designated in Part A as participating in the direction, control, or management of the manufacturing or sales operations of the business, 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) Two (2) full facial photographs of each person designated in Part A as participating in the direction, control, or management of the manufacturing or sales operations of the business, minimum size 1 1/4 " x 1", taken from a maximum distance of six (6) feet.(7) Business photographs: One (1) photograph showing the exterior of the office of each established place of business.(8) Certificate of Appointment, form HCD OL 28 (Rev. 11/05), which is incorporated by reference.(9) A Letter of Authorization from, and a copy of any franchise or contractual agreement with, each manufacturer indicating its approval to sell MH-Units or commercial modulars at the address of the established place of business (NOT required of dealers selling only used MH-Units or commercial modulars).(10) Proof of successful passage of the MH-Unit or commercial modular dealer examination, as required by law and Section 5022 of this subchapter, by each person designated in Part A as participating in the direction, control, or management of the manufacturing or sales operations of the business, within six (6) months prior to the application date.(11) For MH-Unit dealers only, proof of completion of a preliminary education program, as required by Section 5302, for each person designated on Part A as participating in the direction, control, or management of the manufacturing or sales operations of the business.(12) A sample of all purchase documents to be used, including but not limited to, purchase orders, conditional sales contracts, security agreements, or other instruments of purchase, and receipts of deposit. NOTE: Issuance of a license is not to be construed as approval of the contents of such documents or their legal sufficiency.
(13) A list of all names, license numbers and home addresses of all salespersons and managing employees to be employed at each established place of business.(14) The original dealer license application fee specified in Section 5040 of this subchapter for each established place of business.(g) Salesperson License. The following forms and items are required to be submitted by applicants for a salesperson's license:(1) Application for MH-Unit/Commercial Modular Salesperson, Part A, form HCD OL 16 (Rev. 06/09), which is incorporated by reference.(2) Application for MH-Unit/Commercial Modular Manufacturers, Distributors, Dealers and Salespersons, Part B, form HCD OL 29 (Rev. 06/09), which is incorporated by reference.(3) The applicant must submit fingerprints 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.(4) Two (2) full facial photographs of the applicant, minimum size 1 1/4 " x 1", taken from a maximum distance of six (6) feet.(5) Proof of successful passage of the MH-Unit or commercial modular salesperson examination, as required by law and Section 5022 of this subchapter, within six (6) months prior to the application date.(6) For MH-Unit salesperson only, proof of completion of a preliminary education program, as required by Section 5302 of this chapter for each person designated on Part A as participating in the direction, control, or management of the manufacturing or sales operations of the business.(7) The original salesperson license application fee specified in Section 5040 of this subchapter.(h) 90-Day Certificate. (1) Any person applying for a 90-day certificate shall submit an application to the department on an Application for MH-Unit/Commercial Modular 90-Day Certificate, form HCD OL 90 (Rev. 06/09), which is incorporated by reference.(2) The original 90-day certificate application fee specified in Section 5040 of this subchapter.(3) Concurrent with the submission to the department of a completed Application for MH-Unit/Commercial Modular 90-Day Certificate, form HCD OL 90 (Rev. 06/09), which is incorporated by reference, the applicant shall also submit a completed application for license as a salesperson, in accordance with Subsections (a) and (g) of this section, with the exception of the following items:(A) Proof of successful passage of the MH-Unit or commercial modular salesperson examination as required by Subsection (g) of this section.(B) Proof of completion of a preliminary education program as required by Section 5302 of this chapter.(C) The original salesperson license application fee specified in Section 5040 of this subchapter as required by Subsection (g) of this section.(i) 90-Day Certificate Holder Converting to a Salesperson License Holder.(1) All 90-day certificate holders, wishing to convert to a licensed salesperson, shall provide the department with the following no later than three (3) months after the expiration of their 90-day certificate: (A) Proof of successful passage of the MH-Unit or commercial modular salesperson examination as required by Subsection (g) of this section.(B) Proof of completion of a preliminary education program as required by Section 5302 of this chapter if applying for a MH-Unit salesperson license.(C) The original salesperson license application fee specified in Section 5040 of this subchapter as required by Subsection (g) of this section.(D) Items required by subparagraphs (A), (B), and (C) of this subsection shall be provided to the department accompanied by the 90-day certificate.(2) No holder of an expired 90-day certificate shall act in the capacity of a 90-day certificate holder or licensed salesperson until receiving a valid certificate or salesperson license.(3) Conversion applicants failing to comply with the provisions of Subsection (i) of this section shall meet all salesperson license application requirements as a new applicant in accordance with Subsection (g) of this section.Cal. Code Regs. Tit. 25, § 5020
1. Certificate of Compliance including amendment of subsection (f)(13) transmitted to OAL 11-3-82 and filed 12-15-82 (Register 82, No. 51).
2. Amendment filed 2-1-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 5).
3. Amendment filed 5-8-86 as an emergency; effective upon filing (Register 86, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-5-86.
4. Reinstatement of section as it existed prior to emergency amendment filed 5-8-86 by operation of Government Code section 11346.1(f) (Register 86, No. 50).
5. Editorial correction of printing errors in subsections (d)(6) and (8) and (e)(7) (Register 91, No. 32).
6. Amendment filed 11-25-91; operative 12-26-91. (Register 92, No. 12).
7. New subsection (b), subsection relettering, repealer of former subsections (g)-(g)(2) and amendment of NOTE filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency language will be repealed by operation of law on the following day.
8. New subsection (b), subsection relettering, repealer of former subsections (g)-(g)(2) and amendment of NOTE refiled 8-4-98 as an emergency, including amendment of subsection (f)(6); operative 8-4-98 (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-2-98 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 8-4-98 order, including amendment of subsection (b), transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3).
10. Amendment of section, including repealer of form HCD-OL 90, and amendment of NOTE filed 11-7-2005; operative 11-7-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 45).
11. Amendment of article 3 heading filed 12-29-2005; operative 1-1-2006 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
12. Amendment of section and NOTE filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5). Note: Authority cited: Sections 18015, 18031, 18050(c), 18052 and 18075, Health and Safety Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 18001.8, 18007, 18008, 18008.7, 18053.5 and 18056.2, Health and Safety Code; and Sections 11077.1 and 11102.1, Penal Code.
1. Certificate of Compliance including amendment of subsection (f)(13) transmitted to OAL 11-3-82 and filed 12-15-82 (Register 82, No. 51).
2. Amendment filed 2-1-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 5).
3. Amendment filed 5-8-86 as an emergency; effective upon filing (Register 86, No. 19). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-5-86.
4. Reinstatement of section as it existed prior to emergency amendment filed 5-8-86 by operation of Government Code section 11346.1(f) (Register 86, No. 50).
5. Editorial correction of printing errors in subsections (d)(6) and (8) and (e)(7) (Register 91, No. 32).
6. Amendment filed 11-25-91; operative 12-26-91. (Register 92, No. 12).
7. New subsection (b), subsection relettering, repealer of former subsections (g)-(g)(2) and amendment of Note filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency language will be repealed by operation of law on the following day.
8. New subsection (b), subsection relettering, repealer of former subsections (g)-(g)(2) and amendment of Note refiled 8-4-98 as an emergency, including amendment of subsection (f)(6); operative 8-4-98 (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-2-98 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 8-4-98 order, including amendment of subsection (b), transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3).
10. Amendment of section, including repealer of form HCD-OL 90, and amendment of Note filed 11-7-2005; operative 11-7-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 45).
11. Amendment of article 3 heading filed 12-29-2005; operative 1-1-2006 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
12. Amendment of section and Note filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5).