Section 5025 - Change of Ownership(a) Every licensee which is changing ownership structure by termination or addition of partners or members of an limited liability company (LLC) or by changing the type of ownership structure to a partnership, an LLC, or corporation, shall notify the department at least ten (10) calendar days prior to the effective date of this change by the submittal of the following: (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, and Dealers and Salespersons, Part B, form HCD OL 29 (Rev. 06/09), which is incorporated by reference, for each new person designated in Part A, who will direct, control, operate or manage the manufacturing or sales operations of the license.(3) For each person designated in Part A, who will direct, control, operate or manage the manufacturing or sales operations of the license, 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.(4) Two (2) full facial photographs of each new person designated in Part A, who will direct, control, operate or manage the manufacturing or sales operations of the license.(5) For dealers only, a Certificate of Appointment, form HCD OL 28 (Rev. 11/05), which is incorporated by reference.(6) For dealers only, proof of successful passage by each new person designated in Part A, who will direct, control, operate or manage the manufacturing or sales operations of the license, MH-Unit or Commercial Modular Dealer Examination, as required by law and Section 5022 of this subchapter, within six (6) months prior to the application date.(7) For MH-Unit dealers only, proof of completion of a preliminary education program, as required by Section 5302 of this chapter for each person designated in Part A as participating in the direction, control or management of the manufacturing or sales operations of the business.(8) For each person relinquishing their ownership interest in a partnership or membership of an LLC, a Statement of Relinquishment by MH-Unit/Commercial Modular Manufacturer, Distributor or Dealer, form HCD OL 49 (Rev. 06/09), which is incorporated by reference.(9) The fee specified in Section 5040 of this subchapter, whichever is applicable for the change of ownership structure to a partnership, an LLC or corporation, or change of partner or member.(b) Every license which is a corporation changing the ownership structure by the termination or addition of officers, directors or controlling stockholders shall notify the department within at least ten (10) calendar days after the effective date of the change by the submittal of the following: (1) Notice of Change of Corporate Officer(s), Director(s) and/or Controlling Stockholders, form HCD OL 15 (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 new officer, director or controlling stockholder who will be designated to direct, control, operate or manage the manufacturing or sales operation of the license.(3) For each new officer, director or controlling stockholder who will be designated to direct, control, operate or manage the manufacturing or sales operation of the license, 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.(4) Two (2) full facial photographs of each new officer, director or controlling stockholder who will be designated to direct, control, operate or manage the manufacturing or sales operations of the license, minimum size 1 1/4 " x 1", taken from a maximum distance of six (6) feet.(5) For dealers only, proof of successful passage by each new officer and/or director of the MH-Unit or Commercial Modular Dealer Examination, as required by law and Section 5022 of this subchapter, within six (6) months prior to the application date.(6) Addition of corporate officer(s), director(s) or controlling stockholder(s), or elimination of a corporate officer, director or controlling stockholder fee specified in Section 5040 of this subchapter, whichever is applicable.(7) For MH-Unit dealer only, proof of completion of a preliminary education program as required by Section 5302 of this chapter for each person designated in Part A as participating in the direction, control or management of the sales operations of the business.Cal. Code Regs. Tit. 25, § 5025
1. Certificate of Compliance including amendment transmitted to OAL 11-3-82 and filed 12-15-82 (Register 82, No. 5).
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. Change without regulatory effect repealing subsection (a)(5) and renumbering subsequent subsections filed 7-14-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 29).
6. Change without regulatory effect amending NOTE filed 9-15-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 37).
7. Amendment of section and NOTE filed 11-7-2005; operative 11-7-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 45).
8. 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: Section 18015, Health and Safety Code. Reference: Sections 18001.8, 18007, 18008, 18008.7, 18050, 18060 and 18065, Health and Safety Code; and Sections 11077.1 and 11102.1, Penal Code.
1. Certificate of Compliance including amendment transmitted to OAL 11-3-82 and filed 12-15-82 (Register 82, No. 5).
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. Change without regulatory effect repealing subsection (a)(5) and renumbering subsequent subsections filed 7-14-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 29).
6. Change without regulatory effect amending Note filed 9-15-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 37).
7. Amendment of section and Note filed 11-7-2005; operative 11-7-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 45).
8. Amendment of section and Note filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5).