Cal. Code Regs. tit. 25 § 4872

Current through Register 2024 Notice Reg. No. 39, September 27, 2024
Section 4872 - Conflict of Interest, Collusion and Fraud
(a) A third-party entity shall be considered free of any conflicts of interest, affiliation, influence, and control when in compliance with the following criteria:
(1) It has no ownership or managerial affiliation with any supplier or manufacturer of mobile homes, commercial coaches, special purpose commercial coaches, or recreational vehicles and does not engage in the sale or promotion of any such unit.
(2) The results of its work do not accrue financial benefits to the organization via stock ownership in any supplier or manufacturer of mobile homes, commercial coaches, special purpose commercial coaches, or recreational vehicles.
(3) Its owners, directors, management personnel, engineers, architects or inspectors hold no ownership or stock in and receive no stock option from any supplier or manufacturer of mobile homes, commercial coaches, special purpose commercial coaches, or recreational vehicles.
(4) The employment status of its personnel is free of influence or control by any supplier or manufacturer of mobile homes, commercial coaches, special purpose commercial coaches, or recreational vehicles.
(5) It does not perform as a Design Approval Agency for any manufacturer whose plans, designs or manual have been created or prepared in whole or in part by a member of the agency's staff or by a member of the staff of any affiliated organization.
(b) No member of a third-party entity shall take part in any act of collusion or other fraudulent practice with a supplier or manufacturer of mobile homes, commercial coaches, special purpose commercial coaches, or recreational vehicles.
(c) Each third-party entity and Quality Assurance Inspector shall provide the department with a written report of any contract or agreement, written or oral, with a manufacturer who is subject to this subchapter, for any service which is in addition to services provided by contract under this article. Such reports shall be transmitted to the department no later than ten (10) days after the effective date of the contract or agreement.

Cal. Code Regs. Tit. 25, § 4872

1. New section filed 10-6-88 as an emergency; operative 10-6-88 (Register 88, No. 42). A Certificate of Compliance must be transmitted to OAL within 120 says or emergency language will be repealed on 2-3-89.
2. The Certificate of Compliance transmitted to OAL 1-31-89 was disapproved. Order of Repeal of 10-6-88 emergency order filed 3-2-89 by OAL pursuant to Government Code Section 11349.6 (Register 89, No. 11).
3. New section filed 3-3-89 as an emergency; operative 3-3-89 (Register 89, No. 11). A Certificate of Compliance must be transmitted to OAL within 120 days, by 7-3-89, or emergency language will be repealed.
4. Certificate of Compliance transmitted to OAL 6-29-89 and filed 7-24-89 (Register 89, No. 32).

Note: Authority cited: Section 18020, Health and Safety Code. Reference: Sections 18013.2 and 18020, Health and Safety Code.

1. New section filed 10-6-88 as an emergency; operative 10-6-88 (Register 88, No. 42). A Certificate of Compliance must be transmitted to OAL within 120 says or emergency language will be repealed on 2-3-89.
2. The Certificate of Compliance transmitted to OAL 1-31-89 was disapproved. Order of Repeal of 10-6-88 emergency order filed 3-2-89 by OAL pursuant to Government Code Section 11349.6 (Register 89, No. 11).
3. New section filed 3-3-89 as an emergency; operative 3-3-89 (Register 89, No. 11). A Certificate of Compliance must be transmitted to OAL within 120 days, by 7-3-89, or emergency language will be repealed.
4. Certificate of Compliance transmitted to OAL 6-29-89 and filed 7-24-89 (Register 89, No. 32).