Section 18020 Of Chapter 3. Enforcement From California Health And Safety Code >> Division 13. >> Part 2. >> Chapter 3.
18020
. (a) Except as provided in Section 18027.3, and except as
provided by the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. Sec. 5401 et seq.), as it applies
to the manufacture of new manufactured housing, the department shall
enforce this part and the rules and regulations adopted pursuant to
this part.
(b) The department may, at the department's sole option, enforce
Chapter 4 (commencing with Section 18025) and the rules and
regulations adopted pursuant to Chapter 4 through department-approved
third-party entities. The department shall adopt regulations for the
approval of third-party entities, including, but not limited to, all
of the following criteria:
(1) Freedom from any conflict of interest.
(2) Qualifications of personnel.
(3) Frequency of inspections or monitorings of manufacturer
quality control.
(4) Involvement in collusive or fraudulent actions related to the
performance of activities required by Section 18013.2.
(5) Any other conditions of operation that the department may
reasonably require.
(c) The department may require rotation of third-party entities
performing inspection services for any manufacturing facility within
the state to prevent the third-party entity from either performing
inspections within the same facility for more than 365 calendar days
or performing inspections for any facility when the third-party
entity performed inspection services within the previous 365 calendar
days.
(d) The department shall monitor the performance of third-party
entities approved pursuant to subdivision (b) and shall require
periodic reports in writing containing information that the
department may reasonably require to determine compliance with the
conditions of the department's approval.
(1) When the department receives information about an alleged
inadequacy in the performance of a third-party entity, including any
involvement in collusive or fraudulent actions related to the
performance of activities required by Section 18013.2, it shall
consider the information in its monitoring efforts and make a
determination about the validity of the alleged inadequacy in a
timely manner.
(2) When the department determines, either through its monitoring
efforts or through information provided by any other person, that an
approved third-party entity has failed to perform according to the
conditions of approval, the department may withdraw approval by
forwarding written notice to the approved third-party entity by
registered mail to its address of record, briefly summarizing the
cause for the department's decision.
(3) A third-party entity, upon having its approval withdrawn by
the department, may request a hearing before the director of the
department. The request for hearing shall be in writing and either
delivered or postmarked prior to midnight on the 10th calendar day
from the date of the department's notice.
(4) The department, upon timely receipt of a written request for
hearing, shall, within 30 calendar days, schedule a hearing before
the director or his or her agent. All hearings pursuant to this
subdivision shall be held in the department's Sacramento offices and
the decision of the director shall be final.
(5) A third-party entity whose approval has been withdrawn by the
department shall not be permitted to reapply for the department's
approval pursuant to subdivision (b) for a period of one year from
the date that the approval was withdrawn by the department.
(6) A third-party entity whose approval has been withdrawn more
than once by the department shall not be permitted to reapply for
department approval pursuant to subdivision (b) for a period of not
less than one year from the date that the department's approval was
last withdrawn.
(7) No third-party entity shall perform the activities required by
Section 18013.2 unless it has the approval of the department.
(e) (1) Upon finding a violation of subdivision (b) on the part of
a third-party entity, the director shall issue citations and levy
administrative fines. Each citation and fine assessment shall be in
writing and describe the particulars for the citation. The citation
and fine assessment shall be issued not later than six months after
discovery of the violation.
(2) The fine for a first violation shall be at least five hundred
dollars ($500) and shall not exceed one thousand dollars ($1,000).
The fine for a second violation shall be at least two thousand
dollars ($2,000) and shall not exceed four thousand dollars ($4,000).
The fine for a third violation shall be at least five thousand
dollars ($5,000), and shall not exceed ten thousand dollars
($10,000). The fines shall be assessed for each day the violation
occurs. If a third-party entity has been cited more than three times
during a 365-day period, the approval to conduct inspections on
behalf of the department shall be suspended for a minimum of one
year.
(3) The third-party entity may request an administrative hearing
on the citation or fine. If the party fails to request a hearing
within 30 days and does not pay the fine, the approval to perform
inspections shall be automatically revoked, until the time that the
department finds that the circumstances that led to the citation have
been corrected and the fines have been paid.
(4) Upon review of the findings from the administrative hearing,
the director may modify, rescind, or uphold the citation and fine
assessment. The decision of the director shall be served by regular
mail.
(5) The fines shall be paid into the Housing and Community
Development Fund, which is hereby created in the State Treasury, and
shall be used, when appropriated by the Legislature, to offset the
department's costs to administer this part.
(f) The remedies provided in this part to any aggrieved party are
not exclusive and shall not preclude the applicability of any other
provision of law.