No matter how professionally you offer your services, your line of work as a general contractor or contractor can expose you to circumstances that may lead to an accusation and disciplinary proceedings with your licensing board. A client, competitor, or colleague can file a formal complaint against your license with the California Contractors State License Board. An accusation can put your entire career and license in jeopardy. Retaining experienced lawyers from San Luis Obispo License Attorney can come in handy in numerous ways. We can help you understand your allegations and the available options, discussing the pros and cons of each.

Essential Services of Contractors and General Contractors

Your work as a contractor oversees building projects and provides construction materials, labor, and other services needed to execute projects. You also lead other experts who rely on your decisions. Your contractor’s responsibilities can increase your liability risk, and an error from the present or past can jeopardize your career.

There are different categories of contractors in California, including the following:

  • General engineering contractors — Category A (These contractors work in irrigation, excavation, paving, and grading fields).
  • General building contractors — Category B (These contractors build or remodel commercial or residential properties. They handle entire projects independently or oversee people doing different jobs).
  • Specialty contractors — Category C (These contractors deal with tasks like plumbing, welding, roofing, electrical, fencing, masonry, drywall installation, and HVAC (heating, ventilation, and air conditioning)).

The California Contractors State License Board (CSLB)

Formed in 1929, the CSLB is under the California Department of Consumer Affairs (DCA). It ensures professionals and businesses follow the practice’s regulations, implements licensing requirements, and oversees the construction industry. The board makes regulations that safeguard clients from professionals who do not meet their professional and licensing responsibilities.

In other words, the CSLB aims to hold general contractors and contractors accountable. It neither works for you nor supports or fosters growth in the construction industry. It tracks contractors and safeguards the general public from injury or financial loss from unethical construction practices carried out by dishonest professionals.

The CSLB’s work is to protect the general public's safety and health. To fulfill this, the board can initiate initial investigations to determine whether the misconduct is within its purview once it receives a complaint.

Common accusations against contractors are as follows:

  • Working as a contractor with an inactive, suspended or expired license.
  • Hiring unlicensed subcontractors.
  • Offering substandard work.
  • Failure to complete building projects.
  • Unlawfully taking deposits or accepting advance payments but failing to finish the job according to the contractual terms.
  • False or misleading advertising.
  • Violation of safety provisions per the Labor Code resulting in serious injury or death.
  • Failure to follow building codes.
  • Misuse of customer payments.
  • Alcohol or drug abuse when on the construction site.
  • Inadequate supervision of building projects.
  • A criminal conviction that substantially affects your eligibility as a certified contractor.

If the evidence does not prove a violation, the board will close the case without taking any formal action. Nonetheless, the agency’s enforcement division will conduct investigations and undertake disciplinary action.

Depending on the case circumstances, the board can try to settle the case through negotiations. The negotiations will detail the case facts, the agreed-upon disciplinary action, and agreed violations. You are entitled to legal representation during the negotiations. Your lawyer will protect your rights and ensure the settlement meets your needs and interests. 

If you and the board cannot agree, the case will proceed to an administrative hearing presided over by an administrative law judge. The hearing is identical to other legal procedures. Every involved party will present their side of the story, and the ALJ will review the proof and compile a recommendation letter for the CSLB. Your lawyer can help you build your defense by presenting witness testimony and evidence. The CSLB can reject, change, or accept the judge’s recommendation. If you disagree with the results of your case, you can file an appeal with the Superior Court of California.

The nature and gravity of the allegations determine the intensity of the penalties. The disciplinary action could range from a warning letter to revoking your license. Complaints that endanger consumers' safety and health attract the most attention and severe penalties.

Your accusations and penalty appear on your CSLB public record, published on its website, and future customers, the public, and competitors can see the public records. The accusation contains each unproven allegation. These public records can devastate a contractor’s business and result in the loss of potential business opportunities.

Advantages of Hiring an Attorney

The CSLB has the authority to impose disciplinary action against your license, making it instrumental to retain a lawyer after being notified of disciplinary investigations. A legal counsel can defend you in the following ways:

  • Handle investigations — An attorney can engage in a detailed investigation into the accusation you are facing. It involves collecting evidence, analyzing relevant documentation, and interviewing witnesses to develop a robust defense.
  • Legal expertise — Skilled license defense attorneys understand the regulations and laws governing your contractor and general contractor profession. Therefore, they can review your issue, identify weaknesses, develop a strategic defense, guide you, and stand with you throughout the legal process.
  • Offer representation — Your attorney will represent you during an administrative hearing or other CSLB proceedings connected to your license. They will also present arguments, advocate for you to safeguard your interests, and cross-examine witnesses.
  • Engage in negotiations — Sometimes, the issue can be resolved through a negotiation with the CSLB. Your attorney will negotiate favorable terms, including reduced penalties or probation.

Effects of a Criminal Conviction on Your Professional License Investigations

After the judge finds you guilty of a crime, you will face repercussions for your conduct. If you are a contractor and general contractor license holder, you will face penalties beyond criminal-related consequences. Your licensing board will know of the criminal case and consider professional licensure investigations, provided you submit your fingerprints to the board.

Under the Business and Professions Code 480, the California Contractors State License Board can revoke your licensure if you have violated a law linked to the responsibilities, functions, and qualifications of your profession or business for which you apply.

For instance, if you commit an offense that injures or harms your client and the criminal activity is related to your duties, the board can impose disciplinary action against you. While that is the most direct application of BPC 480, it could apply to other occurrences other than when you are working.

Every criminal conviction can automatically lead to professional license investigations. The board deems felonies and offenses requiring registration serious and could result in license denial or revocation. Misdemeanor convictions are treated on a case-by-case basis. Depending on your crime’s relevance and severity, the board could take several disciplinary actions.

There are a few steps you can take if you are facing criminal charges and are worried about your career:

  • Seek legal representation — Your lawyer will work to drop your investigation or reduce your penalty.
  • Be patient — Th e disciplinary process can be lengthy. Getting angry, annoyed, or frustrated will neither help your case nor your general well-being.
  • Discuss the case only with your attorney.

License Application Denials

If you are contemplating applying for your contractor and general contractor professional license, knowing why your licensing agency could deny your license can increase the chances of the board approving your application.

Common reasons for license denial include the following:

  • Failing to disclose your pending criminal convictions, criminal charges, or disciplinary measures against your certificate, business, permit, or professional license by an authority in Golden State, the federal government, or another state.
  • A felony conviction that is significantly associated with your duties, qualifications, and function as a licensee.
  • A misdemeanor conviction that is significantly associated with your duties, qualifications, and function as a licensee.
  • Lying in your professional license application paperwork.
  • The board has determined the facts of your case warrant denial, like the existence of aggravating factors or the severity or nature of the misconduct.

BPC 485b allows you to appeal your denial and an administrative hearing. You should submit a written appeal to the CSLB within two months of receiving the notice of denial. Otherwise, the board will automatically waive the right and deny your application. That means you cannot reapply for your license a year after being notified of the denial.

The board will also issue a Statement of Issues that outlines the licensing agency’s reasons for denying your license application.

An administrative law judge presides over the hearing, while a deputy attorney general will represent your licensing board. Every party will make an opening statement during your hearing, present evidence, and call witnesses. After submitting evidence, the LJ will prepare a comprehensive written decision. If the ALJ agrees that the reason for the license denial exists and orders a license denial, your license application will remain denied. You can reapply for the license a year after being notified of the judge’s decision.

Using Character References in Your Professional License Defense

A character reference is a statement from someone who knows you professionally or personally and can vouch for you. Your reference can discuss your work ethics, moral standards, and integrity. A character reference differs from a personal reference because it does not pay attention to work performance.

A character reference can be helpful when facing your licensing agency's disciplinary process involving allegations like:

  • Poor record keeping.
  • Substance and alcohol abuse.
  • Standard of care challenges.

because the CSLB often casts doubt on your professionalism and ethics.

How to Use Character Reference in Your Defense

While acquiring a character reference from a reliable person is a brilliant initial step, you should incorporate it into your defense strategies in a practical manner. Here is what you can achieve with a character reference:

  • Humanize the case — Although CSLB administrative hearings focus on the allegations against you, the involved parties should not lose sight of the individual behind the disciplinary process. Presenting your character reference highlights the person you are beyond your allegations by discussing your contribution to the profession and positive traits.
  • Demonstrate your professionalism — A testimonial from your supervisors and colleagues can discuss your dedication to offering your clients stellar services and ethical standards. In other words, you can use character reference to challenge accusations that you did not uphold your responsibility to a client or acted unethically. Your supervisor can be an excellent resource unless they are included or involved in your case. If possible, acquire testimonials from people you have worked with for a long duration.
  • Offer the board context — CSLB might not have the entire case picture. Since you have a burden of proof, presenting character references explains what occurred and the reason. For instance, the character reference can explain why you failed to keep records due to an exceptionally or extended busy shift. Please do not couch the references. Just share your allegation’s background information.
  • Verify your dedication to rehabilitation. If your allegations involve alcohol and drug abuse, you need to demonstrate that you are taking recovery and rehabilitation seriously. A character reference can support your claim of participating in a rehabilitation program and discuss notable changes in your demeanor and conduct. Consider using your supervisor or human resources department if your employer is offering the recovery program.
  • Mitigate your allegations — CSLB has already investigated your case. A character reference is a paramount tool for protecting your professional license, clearing your name, and countering arguments made by the complainant. When writing the character reference, your loved one will give a testimonial about their experience with you. The details could mitigate the seriousness of the accusations.
  • Influence your disciplinary process outcomes — The aim of using a character is to sway the case outcome favorably. The goal is for the board to dismiss your charges so you can continue practicing.

Find a Compassionate Professional License Defense Attorney Near Me

After many years of building your profession as a general contractor or contractor, it is okay to urge that your career is essential to you and your dependents. However, that could change within no time when you face disciplinary action with your licensing board. Luckily, you can work with the San Luis Obispo License Attorney to defend your professional license if it is threatened with probation, revocation, suspension, or a public record. We can also assist with obtaining your license and renewal issues. Once you contact us at 805-465-2766, we can analyze your case to determine the best practice steps.