Contractors and general contractors play critical roles in society by providing the materials, equipment, and labor necessary for construction projects. The Contractors State License Board of California regulates the practice of contractors and general contractors by formulating rules that professionals must follow to ensure consumer safety and issuing licenses.

If you are reported to the board for a violation, your license and career could be at stake. When the board receives a report of your violations, it will launch an investigation before imposing appropriate disciplinary action.

Navigating the Contractors State License Board of California disciplinary procedure may be complex. Therefore, you must hire and retain a skilled defense attorney to help you obtain a favorable outcome for your case. At Kern County License Attorney, we offer expert legal insight for our clients battling possible allegations of professional misconduct in Kern County, CA.

The Role of Contractors and General Contractors

A contractor is a person or organization a client hires to carry out different duties to complete a construction project. In most cases, the contractors do not always have all the necessary skills to complete the project. Therefore, they must recruit subcontractors to aid in the completion of some parts of the project.

Contractors' roles differ since they are responsible for various tasks and workers. A general contractor is responsible for different project details and finding the qualified person to carry out multiple tasks for a successful project. The key responsibilities of contractors and general contractors include:

  • Preparing fixed-bid costs and proposals, including labor, materials, and permits.
  • Collaborating with clients, engineers, and architects to understand the requirements of each project.
  • Developing comprehensive schedules that outline the overall time needed to deliver the project.
  • Procurement and management of materials necessary for the completion of a construction project.
  • Ensuring that the materials ordered and delivered for the project meet the required quality standards.
  • Contractors and general contractors are the main contact points between clients, engineers, subcontractors, and architects.
  • Identifying the potential risks and formulating strategies to mitigate them.
  • Ensuring that the construction project complies with relevant laws, regulations, and codes.

The Goal of the Contractors State License Board of California (CSLB)

The construction industry is well-regulated by the Contractors License Board of California. Every general contractor and contractor in the industry must have their business or practice licensed by the CSLB. Additionally, these professionals must meet specific guidelines to operate legally in the state. The CSLB is part of the California Department of Consumer Affairs.

The CSLB has multiple functions, which include:

  • Licensing. When you complete your training as a contractor or general contractor, the CSLB administers a licensing examination, which you must pass to obtain your license. When you receive your license, the board indicates the scope of services you can use it.
  • Practice Oversight. Another critical role of the CSLB is to set standards of practice that each license holder must adhere to.
  • Imposing license discipline. When you violate the standards set by the CSLB, you will be reported to the board, where you will undergo an investigation and face appropriate discipline for your license.

The primary goal of the CSLB is to protect consumers from unlawful practices and misconduct by contractors and general contractors. For example, the board requires all contractors and general contractors to complete a four-year training program before taking the licensing examination. This protects consumers from poor work and services provided by unqualified contractors.

The board is also responsible for formulating guidelines for professionals seeking to renew their licenses. These include continued education and meeting specific practice standards.

Violations by Licensed Contractors and General Contractors

The Contractors State License Board governs the practice of licensed and general contractors. If you are accused of misconduct, the board will investigate your case, hold a hearing, and impose appropriate disciplinary measures against you. You could be reported to the board for a variety of violations, including:

Unlicensed Practice

All contractors and general contractors must have a valid license to practice in California. You obtain a license after completing the educational requirements and passing the licensing examination. If your license is suspended for a violation, you must take the necessary steps to have it reinstated.

A common violation contractors commit is practicing without a license, which can result in severe discipline.

Misleading Advertisements

As a contractor or general contractor in California, you must accurately represent your company, the experience of professionals, and the services you offer. Additionally, you should display your license number in all your advertisements. This ensures that clients are informed about your credentials before hiring you.

Misleading or inaccurate advertisements can land you in serious trouble with the Contractors State Licensing Board.

Unlawful Contracts

When taking jobs from clients, you must ensure that your contracts follow the necessary guidelines. This includes your license number, name, and address. Additionally, you must have all the required permits to perform the client's job. A poorly drafted contract can result in legal issues, which, when reported to the board, can put your license at risk.

Unapproved Job Site Supervision

Overseeing a project is a critical role for a contractor or general contractor. You must ensure workplace safety even when heading a team and other people are performing the project. You can do this by maintaining open communication with your client and following the proper guidelines.

Your conduct can be reported to the CSLB if your work site is unsupervised or does not meet the correct standards.

Criminal Conviction

Your professional license may be at stake when you are arrested and charged with a criminal offense in California. When the Contractors State License Board is informed of the conviction, an investigation will be launched against you. It could result in a loss of your license through a suspension or revocation.

  • You can face license discipline after arrest and conviction for offenses like:
  • Insurance fraud (PC 550(a)).
  • Driving under the influence (VC 23152).
  • Robbery(PC 211).
  • Burglary(PC 459).
  • Possession of a Controlled Substance (HSC 11350).

Using Unlicensed Workers

Contractors are responsible for hiring subcontractors and other workers to perform tasks they cannot do. As a general contractor, you must hire qualified and licensed workers to offer these services in California. Hiring and retaining unlicensed workers is a violation that could put your license in jeopardy.

Substance Abuse

The use of alcohol and drugs could impact your ability to offer good-quality and safe services for your clients. While substance abuse is a personal choice, it can result in the loss of your license, especially when you show up at work while intoxicated.

Complaint Process Against Licensed Contractors and General Contractors

Contractors and general contractors often have too much on their plates. This includes ensuring their business runs smoothly under the changing state laws and local codes. Unfortunately, a single complaint can put your contractor's license in jeopardy. The complaint process against your license is as follows:

The Complaint

The CSLB disciplinary process against you begins when a client, employer, or law enforcement representative reports your violation to the board. The reports are made through phone calls, email, or relevant reporting challenges set forth by the Board.

Initial Review

When the board receives the complaint against you, it conducts an initial review of your case. This helps determine the basis of the complaint and whether it falls within the board's jurisdiction. If the case does not fall within the CSLB’s jurisdiction, it will be transferred to the relevant authorities.

Investigation

If there is a basis for the complaint made against you, the CSLB will appoint an investigator to take over your case. At this stage, in your case, you will be notified of the pending investigation against you. You have up to fifteen days to respond when you receive the notice indicating your intentions to defend the allegations.

The investigator will conduct further investigation to support the claims made against you. The investigation involves interrogating witnesses, including the complainant, and gathering relevant documentation for your case.

A stipulated agreement could be proposed if the board has sufficient evidence against you after the investigation. Entering this agreement means you will accept liability for the violations, and the board will impose appropriate discipline.

The Hearing

If you did not enter into a stipulated agreement, the CSLB will hold an administrative hearing where you can defend your license. Before the hearing date, the board allows a discovery phase where each side of the case learns of the evidence the other side plans to present. Under Government Code 11507.6, you can understand the addresses of witnesses in your case, which allows you to prepare a strong defense.

An administrative hearing is presided over by an administrative law judge. At this hearing, you can present a defense with the guidance of your defense attorney. The ALJ has up to thirty days after the hearing to decide on your case.

Final Decision

The ALJ's ruling in your case is not conclusive. The board has 100 days to consider and either approve or reject this decision under Government Code 11517(c)(2). If the board determines that you committed the alleged violations after the administrative hearing, they could impose the following disciplinary actions against you:

  • Public reprimand. This warns against violating the CSLB code of conduct and does not directly impact your license.
  • License probation. When your license is on probation, you can continue practising as a contractor. However, the board will closely monitor your practices.
  • License suspension. If your contractor's license is suspended, you can no longer practice during the suspension period. However, when this period ends, you can petition for reinstatement.

Appeal

If you are unsatisfied with the board's decision in your case, you can file an appeal within thirty days of receiving the final decision. When you file an appeal, the board members will hold a hearing and decide whether your case is eligible for review.

Steps to Take When Your Contractor's License is Suspended in California

Your license is your livelihood as a contractor or general contractor. However, the CSLB could suspend your license and your right to offer your services for a variety of reasons, including failure to comply with board regulations, substance abuse, and criminal convictions. If you suffer a license suspension, you must understand the proper steps to address the situation and have the license reinstated.

The following are some of the steps you need to take to rectify a license suspension:

Understand The Reason For Your Suspension

Before the board suspends your license, you will have undergone an investigation process and attended an administrative hearing. Sometimes, you can suffer an automatic license suspension for failure to pay your fees and penalties for violating your professional probation. Familiarizing yourself with the reason for your suspension will help ensure you rectify it before moving forward.

Complete the Requirements for the Suspension

Your license will be suspended for a specific period, depending on the nature of your violations. When suspending your licenses, the Contractors State License Board will impose certain conditions you must follow in addition to serving the suspension period. Some of these conditions will include continued education and the payment of administrative fines.

File a Petition for Reinstatement

You can petition the CSLB to reinstate your license when you have met all the suspension requirements. Before your license is reinstated, you must prove to the court that you have been rehabilitated from the conduct that resulted in the suspension. Additionally, you must prove to the board how you earned a living during the suspension period.

A Review of Your Petition

The board will review your petition and the documents you attach to determine your eligibility and suitability for a contractor's license reinstatement. If you meet the criteria, the board will reinstate your license, and you can continue to practice.

Find a Reliable License Defense Attorney Near Me

Your license is your ticket to providing your services in California as a licensed general contractor. You will receive your license after completing the necessary education or training and passing the licensing examination.

You could be reported to the Contractors State License Board of California for a wide range of misconduct, including taking deposits unlawfully, hiring unlicensed workers, substance abuse, and fraud. After the report has been made, the licensing board will investigate the allegations and schedule an administrative hearing where you can defend yourself.

If you are found to have committed the alleged violations, you risk facing disciplinary action ranging from reprimands and fines to license suspension and revocation. If you are fighting against losing your CSLB license or other disciplinary action in Kern County, you will require the expert legal guidance we offer at Kern County License Attorney. Contact us at 805-702-8560 for much-needed legal insight.