Article 2.5. Continuing Education of California Health And Safety Code >> Division 13. >> Part 2. >> Chapter 7. >> Article 2.5.
(a) The Legislature has determined that it is in the public
interest for consumer protection and service that all manufactured
housing dealers and salespersons licensed under the provisions of
this part comply with the continuing education requirements adopted
by department regulations pursuant to this article. The provisions of
this article shall not apply to those persons licensed only to sell
(b) The department shall adopt regulations implementing this
article as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. For the purposes of the Administrative
Procedure Act, the adoption of the regulations shall be deemed to be
an emergency and necessary for the immediate preservation of the
public peace, health and safety, or general welfare.
In carrying out its duties under this article, the
department shall take reasonable steps to solicit the assistance and
advice of persons who are experts in the areas of mobilehome and
manufactured housing and in education in the areas of mobilehome and
manufactured housing, including the needs and benefits of continuing
education as provided for in this article.
(a) Any person licensed as a dealer or salesperson to sell
manufactured homes or mobilehomes shall have completed approved
educational courses, seminars, or conferences, or their equivalent,
during the period preceding license renewal on the following basis:
(1) For the first license renewal period subsequent to issuance of
the license: 24 hours.
(2) For the second license renewal period subsequent to issuance
of the license: 12 hours.
(3) For the third and subsequent license renewal periods
subsequent to the issuances of the license: six hours.
(b) The regulations shall prescribe all of the following:
(1) A basis and method of qualifying educational programs,
including course content and topic requirements, and instructors, the
certification of attendance at which, or challenging the course of
which, will satisfy the requirements of this article.
(2) A procedure for evaluation of petitions based on a claim of
equivalency with the requirements of subdivision (a), and a
reasonable standard by which activity would be judged equivalent,
including, but not limited to, instruction in manufactured housing
educational programs, law, manufactured housing technical programs,
(3) A system of control and reporting qualifying attendance.
(4) A statement of the conditions of exemption from the continuing
education requirements established under this article, as well as a
method of applying and qualifying for the exemption, for reason of
health, military service, or other compelling cause.
(5) Criteria for the content, availability, and procedures for no
less than six hours of preliminary education courses or programs
which shall be attended and successfully concluded by applicants for
new dealers' or salespersons' licenses before the applicants take the
(c) In exercising the authority under this article, the department
shall establish standards which will assure reasonable currency of
knowledge as a basis for a level of manufactured housing practice
which will provide a high level of consumer protection and service.
The standards shall include, where qualified, generally accredited
educational institutions, private vocational schools, correspondence
institutions, educational programs and seminars of professional
societies and organizations, other organized educational programs or
technical subjects, or equivalent offerings.
The department may amend or repeal any regulation adopted
pursuant to this article in the same manner as provided for adoption
of regulations, except that no amendment or repeal shall operate to
deprive any licensee of the right to submit qualifying education
completed pursuant to the amended or repealed regulation during his
or her current license term, as a basis for license renewal.
On or after January 1, 1987, no dealer's or salesperson's
license shall be issued or renewed unless the department finds that
the applicant has completed the preliminary or continuing education
required by this article. Any denial of license issuance or renewal
is subject to Article 2 (commencing with Section 18050).
When the department finds that the evidence submitted in
good faith by an applicant for a renewal license does not in fact
qualify, it may extend the license for 90 days to allow the applicant
to submit additional evidence to comply with this article. When the
renewal license is issued during a grace period, it shall expire at
the regular time otherwise provided for in this part.