Section 4010.5 - Monitoring Inspection Fees(a) When the department conducts inspections of the production of manufactured homes, multifamily manufactured homes, commercial modulars, or special purpose commercial modulars subject to this subchapter, the manufacturer shall submit in-plant monitoring fees to the department pursuant to Section 4044 of this subchapter. In-plant monitoring fees are payable to the department, at the option of either the manufacturer or the department, in either of the following manners: (1) Monthly, after billing by the department for in-plant monitoring hours during the billing period.(2) Advance deposit with the department by manufacturers for in-plant monitoring hours during a monthly period.(b) The department may for cause: (1) Require that payments be made in the form of cashiers check drawn upon a recognized bank.(2) Discontinue in-plant monitoring for failure to pay in-plant monitoring fees or for failure to pay such fees with good and sufficient funds.(3) Discontinue the issuance of labels or insignia for failure to pay in-plant monitoring fees or for failure to pay such fees with good and sufficient funds.(4) Reappropriate labels or insignia previously issued for failure to pay in-plant monitoring fees or for failure to pay such fees with good and sufficient funds.(5) Take any other administrative and judicial action authorized by law.(c) Where manufacturers are subject to monthly billing for in-plant monitoring fees, the department or monitoring entity shall mail a statement to the manufacturer on either the 1st, 10th, or 20th day of the month. The statement shall set forth the amount due the department for in-plant monitoring services during the billing period. The amount set forth in the statement shall be due and payable upon receipt and shall be past due if not received by the department on the 10th day after the statement date.(d) The department, upon written notice from the manufacturer indicating that in-plant monitoring will no longer be necessary and explaining the reasons therefore, shall within 60 days from receipt of such notice refund any credits due the manufacturer from advance deposits made in accordance with Subsection (a) (2) of this section.(e) The department shall charge manufacturers Technical Service Fees in accordance with Section 4044 of this subchapter for the actual time spent in processing checks or drafts which can not readily be converted to good and sufficient funds.(f) When the enforcement of this subchapter has been delegated to third-party entities, monitoring fees shall not be charged a manufacturer for department inspections conducted to evaluate the performance of a third-party entity.Cal. Code Regs. Tit. 25, § 4010.5
1. New section filed 6-15-76 as an emergency; effective upon filing (Register 76, No. 25).
2. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
3. Amendment of NOTE filed 6-9-77; designated effective 9-1-77 (Register 77, No. 24).
4. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No. 18).
5. Amendment of subsection (a) and new subsection (f) filed 10-12-89; operative 10-12-89 (Register 89, No. 41).
6. Amendment filed 9-19-2011; operative 10-19-2011 (Register 2011, No. 38). Note: Authority cited: Section 18015, Health and Safety Code. Reference: Sections 18020 and 18031, Health and Safety Code.
1. New section filed 6-15-76 as an emergency; effective upon filing (Register 76, No. 25).
2. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
3. Amendment of NOTE filed 6-9-77; designated effective 9-1-77 (Register 77, No. 24).
4. Amendment filed 5-4-79; effective thirtieth day thereafter (Register 79, No. 18).
5. Amendment of subsection (a) and new subsection (f) filed 10-12-89; operative 10-12-89 (Register 89, No. 41).
6. Amendment filed 9-19-2011; operative 10-19-2011 (Register 2011, No. 38).