Cal. Code Regs. tit. 25 § 5011

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 5011 - Books and Records
(a) Pertinent books and records of a licensee which relate to the manufacture, purchase, sale, rental, transportation or lease of MH-Units or commercial modulars must be available for inspection during normal work hours without prior notice. In the case of an out of state manufacturer, pertinent books and records or copies thereof shall be delivered or mailed to the department for inspection within ten (10) calendar days of a written request from the department.
(b) In the case of a dealer, pertinent books and records include, but are not limited to, invoices; certificates of origin; identification numbers; report of sales books; purchase documents; lease or rental agreements; receipts for deposit; documents submitted into escrow for the preparation of escrow instructions; escrow instructions; and any other records which relates to the purchase, sale, rental or lease of any MH-Unit or commercial modular within this state.
(c) In the case of a manufacturer or distributor, pertinent books and records include, but are not limited to: invoices; certificates of origin; identification numbers; contracts or franchise agreements with dealers; production orders; suggested retail price labels; and any other record which relates to the manufacture, distribution, sale, rent or lease of any MH-Unit or commercial modular within this state.
(d) Books and records must be kept on the premises of the licensee's established place of business unless the licensee has designated, on a form prescribed by the department, an alternate site within the state at which the books and records will be maintained and available for inspection. The licensee must notify the department on the prescribed form of any change in location of the books and records at least ten (10) calendar days prior to the date of the change in location.
(e) Unless otherwise specified by law or this chapter, all business records relating to MH-Unit or commercial modular transactions shall be retained by the licensee for a period of not less than three (3) years.
(f) When, for any reason, a licensee terminates or suspends business, all department report of sale books, along with all permits, licenses and registration documents therefor, and all salespersons' licenses in possession of a dealer, shall be surrendered to the department upon demand or within ten (10) calendar days after termination or suspension, whichever occurs first.
(g) When, for any reason, a licensee terminates or suspends business, the licensee shall notify the department in writing within ten (10) calendar days of the termination or suspension, of the location where pertinent books and records will be kept and available for inspection.

Cal. Code Regs. Tit. 25, § 5011

1. Certificate of Compliance including amendment transmitted to OAL 11-3-82 and filed 12-15-82 (Register 82, No. 51).
2. Amendment of subsection (a) and new subsection (g) filed 2-1-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 5).
3. 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 18003.6, 18007, 18008, 18008.7, 18045.5, 18045.6, 18008, 18008.7, 18054 and 18062.2, Health and Safety Code.

1. Certificate of Compliance including amendment transmitted to OAL 11-3-82 and filed 12-15-82 (Register 82, No. 51).
2. Amendment of subsection (a) and new subsection (g) filed 2-1-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 5).
3. Amendment of section and Note filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5).