reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 6 - Bonds › Section 858.5 - Blanket Performance and Payment Bond Audit Authorization and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Registrar
				may order an audit of a licensee that has an approved blanket bond on file if
				he or she deems an audit is necessary to ensure that the sum for which the
				blanket bond has been filed is sufficient to protect the public.
(1) The Registrar shall provide a licensee
				with not less than 30 days written notification that an audit is to be
				conducted pursuant to this section. The notice shall specify the period to be
				covered by the audit and set a date for the audit to begin. The audit period
				shall not exceed the period that is specified for the retention of licensee
				records under Section
				7111 of the Code. Delivery of the
				notice shall be by certified mail to the current business address of record
				listed on the license record. Upon written request, the Registrar may grant the
				licensee an additional 30 days to prepare for the audit.
(2) For any audit conducted pursuant to this
				section, the licensee shall, pursuant to the receipt of the audit notice,
				provide access to the licensee's books, business records, and documents in
				accordance with the provisions of Section
				7111 of the
				Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 6 - Bonds › Section 858.6 - Authorization and Procedures for Ordering the Amount of Blanket Performance and Payment Bond to be Increased

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to an audit conducted in
				accordance with Section
				858.5 of this Article, the
				Registrar is authorized to order an increase in the dollar amount of the
				blanket bond to an amount that meets the requirements specified in Section
				858.1 of this Article. The
				adjustment determination shall be based on the information contained in records
				of the licensee that are required to be made available for an audit as
				specified under this Article.
(b)
				An order to increase the sum of the blanket bond pursuant to this section shall
				be sent by certified and regular mail to the licensee's address of record. The
				order shall include a notice that failure to increase the dollar amount of the
				blanket bond within 30 days of the date of the order is cause for rescission of
				approval of the blanket bond.
(c)
				If a licensee fails to comply within 30 days of the date of an order that is
				issued pursuant to this section, the Registrar shall rescind approval of the
				blanket bond in accordance with the provisions of Section
				858.8 of this Article.
1. New section
				  filed 11-22-2011; operative 12-22-2011 (Register 2011, No.
				  47).
Note: Authority cited: Section
					 7008,
					 Business and Professions Code. Reference: Section
					 7159.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 6 - Bonds › Section 858.8 - Rescission of Blanket Performance and Payment Bond Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Registrar may rescind the approval of
				any blanket bond (also referenced as "approval rescission" under this section)
				if any provision or condition specified under this Article is not
				satisfied.
(b) To rescind the
				approval of a blanket bond, the Registrar shall send written notice by
				certified and regular mail to the licensee's address of record that specifies
				the date of and the reasons for the Registrar's decision to rescind approval of
				the blanket bond. When appropriate, the notice shall also contain the
				conditions that must be met to prevent the rescission.
(c) The rescission shall, as of the date
				specified, extinguish the licensee's authorization to use the blanket bond in
				satisfaction of the provisions under subsection (a)(8) of Section
				7159.5 of the Code.
(d) The licensee shall be given not less than
				30 days notice prior to the effective date of the rescission of the blanket
				bond. Prior to the effective date of the rescission, the licensee may file a
				written appeal of the rescission of the blanket bond with the Registrar. A
				written appeal is considered timely if it is postmarked prior to the date the
				rescission would otherwise become effective. Where a rescission is not appealed
				timely, the blanket bond shall be rescinded on the effective date specified by
				the Registrar. If the rescission is appealed timely, the effective date of the
				rescission shall be delayed until a decision on the appeal is issued, and a
				notice regarding the appeal and the pending decision of the Registrar shall be
				posted as specified under subsection (b) of Section
				858.9.
(e) Upon cancellation of the blanket bond,
				the Registrar's approval shall be automatically rescinded effective on the date
				of the cancellation.
(f) Upon the
				effective date of the Registrar's approval rescission, the licensee shall be
				subject to and comply with the provisions of subsections (a)(3), (4), and (5)
				of Section
				7159.5 of the Code and shall, in
				addition to complying with all other requirements specified under Section
				7159 of the Code, include the
				Mechanics' Lien Warning disclosure as part of all home improvement contracts
				that are subject to that section.
1. New section
				  filed 11-22-2011; operative 12-22-2011 (Register 2011, No.
				  47).
Note: Authority cited: Section
					 7008,
					 Business and Professions Code. Reference: Sections
					 7159
					 and
					 7159.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 6 - Bonds › Section 858.9 - Posting of Blanket Performance and Payment Bond Information to License Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Upon approval of a blanket bond by the Registrar, regardless of the effective
				date of the blanket bond, the following information shall be posted to the
				public license record of the licensee named as principal on the blanket bond:
(1) A statement indicating that the licensee
				has an approved blanket performance and payment bond on file with the
				Board.
(2) The date that the
				blanket bond was approved.
(3) The
				number of the blanket bond.
(4) The
				dollar amount for which the blanket bond has been filed.
(5) The name and address of the surety
				company on the blanket bond.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 860 - Penalty for Failure to Comply with Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Licensees and applicants for licenses shall comply with all
				  rules and regulations of the Board and regulations issued by the Registrar.
				  Violation of such rules and regulations shall constitute grounds for
				  disciplinary action, or for the denial of a license.
Note: Authority cited: Section
					 7008,
					 Business and Professions Code. Reference: Section
					 7008,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 861 - "Advertising" Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in Section
				  7030.5 of the Code, the term
				  "advertising" includes but is not limited to the following: any card, contract
				  proposal, sign, billboard, lettering on vehicles registered in this or any
				  other state, brochure, pamphlet, circular, newspaper, magazine, airwave or any
				  electronic transmission, and any form of directory under any listing denoting
				  "Contractor" or any word or words of a similar import or meaning requesting any
				  work for which a license is required by the Contractors License
				  Law.
1. Editorial
				  correction filed 7-19-84 (Register 84, No. 29).
2. Amendment of
				  section heading and section filed 11-30-2009; operative 12-30-2009 (Register
				  2009, No. 49).
Note: Authority cited: Section
					 7008,
					 Business and Professions Code. Reference: Section
					 7030.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 861.5 - Definition of "Structural Defect"

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of subdivision (b) of Section
				  7091 of the Code, "structural
				  defect" is defined as meaning:
(1) A
				failure or condition that would probably result in a failure in the load
				bearing protions of a structure,
(2) which portions of the structure are not
				constructed in compliance with the codes in effect at the time for the location
				of the structure, provided that,
(3) such failure or condition results in the
				inability to reasonably use the affected portion of the structure for the
				purpose for which it was intended.
1. New section
				  filed 8-28-96; operative 9-27-96 (Register 96, No.
				  35).
Note: Authority cited: Sections
					 7008
					 and
					 7091,
					 Business and Professions Code. Reference: Section
					 7091,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 862 - Notice to Owner. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 3-6-84; effective upon filing pursuant to Government Code Section
				  11346.2(d)
				  (Register 84, No. 9).
2. Change without regulatory effect repealing
				  section filed 11-9-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 45).
Note: Authority cited: Sections
					 7008
					 and
					 7018.5,
					 Business and Professions Code. Reference: Sections
					 7018.5
					 and
					 7159,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 863 - Public Access to Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Registrar shall establish a system whereby members of the
				  public may obtain from board records information regarding complaints made
				  against licensed contractors, their history of legal actions taken by the
				  board, and license status, as hereafter specified. For purposes of this
				  section, "complaint" means a written allegation which has been investigated and
				  has been referred for legal action against the licensee. For purposes of this
				  section, "legal action" means referral of the complaint for the issuance of a
				  citation, accusation, statement of issues, or for the initiation of criminal
				  action or injunctive proceedings.
(a)
				The Registrar shall maintain records showing the complaints received against
				licensees and, with respect to such complaints, shall make available to members
				of the public, upon request, the following information:
(1) The nature of all complaints on file
				against a licensee which have been investigated by a Deputy Registrar and
				referred for legal action against the licensee by the District Office.
				Information regarding complaints which are in the process of being screened,
				mediated, arbitrated or investigated shall not be disclosed.
(2) Such general cautionary statements as may
				be considered appropriate regarding the usefulness of complaint information to
				individual consumers in their selection of a contractor.
(3) Whenever complaint information is
				requested, the information disclosable under subsections (c) and (d) below
				shall also be released.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 864 - Continuance of License Under Section 7068.2

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a notice of disassociation of the responsible managing
				  officer, responsible managing employee, responsible managing member, or
				  responsible managing manager is given within the time and in the manner
				  prescribed by Section
				  7068.2 of the code, the license
				  shall remain in force for a period of 90 days from the date of such
				  disassociation.
1. Change
				  without regulatory effect amending section filed 11-15-2016 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2016, No. 47).
Note: Authority cited: Section
					 7008,
					 Business and Professions Code. Reference: Section
					 7068.2,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 865 - Continuance of License Under Section 7076

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An application for the continuation of a
				business under an existing license may be submitted to the Registrar within 90
				days of:
(1) the death of a person licensed
				as an individual,
(2) the death or
				the disassociation of a partner of a licensed partnership, or
(3) the death of an individual member or the
				disassociation of any entity of a licensed joint venture.
If the application is approved by the Registrar, the license
				  shall remain in force for a period of up to one year from the date of death or
				  disassociation.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 866 - Procedure to Inactivate License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 6-6-86; effective thirtieth day thereafter (Register 86, No.
				  23).
Note: Authority cited: Section
					 7008,
					 Business and Professions Code. Reference: Section
					 7076.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 867 - Procedure to Reactivate an Inactive License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A reactivation of an inactive license
				shall be effective on the date on which an acceptable form is received by the
				Registrar, on the date on which the full renewal fee for an active license
				provided for in Section
				7137 of the Code is paid, or on
				the date, if any, requested by the licensee, whichever last occurs.
(b) When an inactive license is reactivated,
				the Registrar shall issue to the licensee an active pocket license.
(c) The name, address, license number and
				classification of the reactivated licensee shall be posted publicly as
				prescribed by the Registrar.
1. Amendment
				  filed 6-6-86; effective thirtieth day thereafter (Register 86, No.
				  23).
2. Change without regulatory effect amending subsection (a)
				  filed 11-15-2016 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2016, No. 47).
Note: Authority cited: Section
					 7008,
					 Business and Professions Code. Reference: Section
					 7076.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 868 - Criteria to Aid in Determining if Crimes, Professional Misconduct, or Acts Are Substantially Related to Qualifications, Functions, or Duties of a Licensee or Registrant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				For the purposes of denial, suspension, or revocation of a license or
				registration pursuant to Section
				141, Division 1.5 (commencing with
				Section 475), or Sections
				7073 or
				7123 of the Code, a crime,
				professional misconduct, or act shall be considered to be substantially related
				to the qualifications, functions, or duties of a licensee or registrant (under
				Division 3, Chapter 9 of the Code) if it evidences present or potential
				unfitness of an applicant, licensee, or registrant to perform the functions
				authorized by the license or registration in a manner consistent with the
				public health, safety, and welfare.
(b) In making the substantial relationship
				determination required under subdivision (a) for a crime, the Board or
				Registrar shall consider the following criteria:
(1) The nature and gravity of the
				offense,
(2) The number of years
				elapsed since the date of the offense, and
(3) The nature and duties of a contractor or
				home improvement salesperson.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 868.1 - Criteria to Aid in Determining if Financial Crimes Are Directly and Adversely Related to Fiduciary Qualifications, Functions, or Duties of a Licensee or Registrant for the Purpose of Considering Denials of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of determining whether there are grounds to
				  deny a license or registration to an applicant who has been convicted of a
				  financial crime currently classified as a felony pursuant to Section
				  480 of the Code, the crime shall
				  be considered to be directly and adversely related to the fiduciary
				  qualifications, functions, or duties of a licensee or registrant if it involves
				  dishonesty, fraud, deceit, or theft that resulted in:
(i) direct financial benefit to the applicant
				or another person or entity,
(ii)
				direct financial harm to another person or entity, or
(iii) an attempt to obtain direct financial
				benefit or cause direct financial harm to another person or entity. The felony
				financial crimes shall include, but not be limited to, the following:
(a) Crimes involving the acquisition or
				provision of false, altered, forged, counterfeit, or fraudulent document(s), or
				the acquisition or provision of false or fraudulent statement(s).
(b) Crimes involving the use of personal
				identifying information for an unlawful purpose, including for the purpose of
				illegally obtaining money, credit, goods, services, real property, or medical
				information of another person (also known as identify theft).
(c) Crimes involving stolen property,
				embezzlement, grand theft, larceny, burglary, monetary transactions in property
				derived from a specified unlawful activity (also known as money laundering), or
				crimes related to obtaining money, labor, or property under false or fraudulent
				pretenses.
(d) Crimes involving an
				attempt or conspiracy to commit such crimes listed in subsections (a), (b), or
				(c).
(e) For the purposes of this
				section, "personal identifying information" has the meaning set forth in Penal
				Code section
				530.55.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 869 - Criteria for Rehabilitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When considering the denial, suspension,
				or revocation of a license or registration pursuant to Division 1.5 (commencing
				with Section
				475) of the Code on the ground
				that the individual has been convicted of a crime, the Board or Registrar shall
				consider whether the applicant, licensee, or registrant made a showing of
				rehabilitation if the applicant, licensee, or registrant completed the criminal
				sentence at issue without a violation of parole or probation. In making this
				determination, the Board or Registrar shall consider the following criteria:
(1) The nature and gravity of the
				crime(s);
(2) The length(s) of the
				applicable parole or probation period(s);
(3) The extent to which the applicable parole
				or probation period was shortened or lengthened, and the reason(s) the period
				was modified;
(4) The terms or
				conditions of parole or probation, and the extent to which they bear on the
				applicant's rehabilitation; and
(5)
				The extent to which the terms or conditions of parole or probation were
				modified, and the reason(s) for modification.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 869.1 - Applicant Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				applicants for licensure shall furnish a full set of fingerprints for purposes
				of the board conducting a criminal history record check. The fingerprints will
				be used to allow the California Department of Justice and the Federal Bureau of
				Investigation to provide criminal history to the Board.
(b) For purposes of fingerprinting,
				"applicant" means any individual applying to be a member of the personnel of
				record.
(c) For purposes of
				fingerprinting, "applicant" means an individual applying for a home improvement
				salesperson registration.
1. New section
				  filed 3-17-2005; operative 4-16-2005 (Register 2005, No. 11).
2.
				  Change without regulatory effect amending subsection (c) filed 11-15-2016
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2016, No. 47).
Note: Authority cited: Section
					 7008,
					 Business and Professions Code. Reference: Sections
					 7069
					 and
					 7153.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 869.2 - Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicants for
				a joint venture license, who hold a current, active license in good standing
				are not subject to fingerprinting.
(b) Individuals already fingerprinted as
				required by Section
				869.1 and for whom subsequent
				arrest information remains available at the Board need not submit fingerprints
				when submitting a subsequent application.
1. New section
				  filed 3-17-2005; operative 4-16-2005 (Register 2005, No.
				  11).
Note: Authority cited: Section
					 7008,
					 Business and Professions Code. Reference: Sections
					 7069
					 and
					 7153.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 869.3 - Methods for Submitting Fingerprints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicants residing inside the State of
				California shall submit their fingerprints through the electronic format
				certified by the California Department of Justice but, with approval of the
				Registrar, may submit their fingerprints on hard copy forms provided by the
				Registrar.
(b) Applicants residing
				outside the State of California may submit their fingerprints using the
				electronic format certified by the California Department of Justice but also
				may submit their fingerprints on hard copy forms provided by the
				Registrar.
1. New section
				  filed 3-17-2005; operative 4-16-2005 (Register 2005, No.
				  11).
Note: Authority cited: Section
					 7008,
					 Business and Professions Code. Reference: Sections
					 7069
					 and
					 7153.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 869.4 - Subsequent Arrest History

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Once an applicant has been fingerprinted,
				the Board will maintain access to the applicant's subsequent arrest history
				until such time as the individual's license is cancelled, revoked or no longer
				renewable.
(b) Once the Board no
				longer receives subsequent arrest information, an individual seeking to apply
				for a license must be fingerprinted as required in Section
				869.1.
1. New section
				  filed 3-17-2005; operative 4-16-2005 (Register 2005, No.
				  11).
Note: Authority cited: Section
					 7008,
					 Business and Professions Code. Reference: Sections
					 7069
					 and
					 7153.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 869.5 - Inquiry into Criminal Convictions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-17-2005; operative 4-16-2005 (Register 2005, No. 11).
2.
				  Change without regulatory effect amending section filed 11-15-2016 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2016, No. 47).
3. Repealer filed 5-3-2021;
				  operative 5-3-2021 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2021, No. 19). Filing deadline specified in Government Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order
				  N-71-20.
Note: Authority cited: Sections
					 480,
					 481
					 and
					 7008,
					 Business and Professions Code. Reference: Sections
					 480,
					 481,
					 493,
					 7066,
					 7069
					 and
					 7073,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 870 - Factors to Apply in Determining Earliest Date a Revoked Licensee May Apply for Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The Registar shall have exclusive authority in setting the earliest date a
				revoked licensee may reapply for reissuance or reinstatement of a
				license.
(b) When extending the
				minimum one year period, the Registrar shall give due consideration to the
				gravity of the violation, the history of previous violations and criminal
				convictions and evaluate the application based on the following criteria:
Reapplication Dates:
5 years
License has been
						  revoked:
(1)
one or more times or
(2)
for committing
						  fraudulent acts or
(3)
committing acts which
						  have seriously endangered the public welfare and safety or
(4)
for being convicted of
						  a construction-related crime. (For the purposes of determining if a crime is
						  construction-related, CCR Title 16, Chapter 8, Section
						  868 shall apply.)
4 years
License has been
						  revoked:
(1)
for committing violations
						  on multiple construction projects; or
(2)
for committing multiple
						  violations of law for reasons other than fraud, danger to the public welfare
						  and safety and for conviction of a construction-related crime.
3 years
License has been revoked
						  and revoked licensee:
(1)
has been issued more than
						  one citation which has become final within one year immediately preceding the
						  date of revocation or
(2)
has been previously
						  suspended by the Register as the result of a disciplinary action.
2 years
License has been revoked
						  and revoked licensee has been issued a citation, which has become final within
						  one year immediately preceding the date of revocation.
1 year
Licensee has been revoked
						  for the first time and revoked licensee has no previous legal action history
						  with the Board.
1. New section
				  filed 5-11-89; operative 6-10-89 (Register 89, No. 19).
2. Change
				  without regulatory effect amending subsection (b) filed 11-15-2016 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2016, No. 47).
Note: Authority cited: Sections
					 7008
					 and
					 7059,
					 Business and Professions Code. Reference: Sections
					 7058
					 and
					 7059,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 871 - Disciplinary Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision on a disciplinary action under the
				  Administrative Procedure Act (Government Code Section
				  11400 et
				  seq.), the board shall consider the disciplinary guidelines entitled
				  "Disciplinary Guidelines" (rev. 12/11/96) which are hereby incorporated by
				  reference. Deviation from these guidelines and orders, including the standard
				  terms of probation, is appropriate where the board in its sole discretion
				  determines that the facts of the particular case warrant such a deviation--for
				  example: the presence of mitigating factors; the age of the case; evidentiary
				  problems.
1. New section
				  filed 5-29-97; operative 5-29-97 pursuant to Government Code 11343.4(d)
				  (Register 97, No. 22).
Note: Authority cited: Section
					 7008,
					 Business and Professions Code; and Sections
					 11400.20
					 and
					 11400.21,
					 Government Code. Reference: Sections
					 7090
					 and
					 7095,
					 Business and Professions Code; and Section
					 11425.50(e),
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 872 - Disclosure of General Liability Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in this regulation, "home
				improvement contract" is defined in Code Section
				7151.2. The following statement,
				must accompany every estimate (bid) intended to result in a home improvement
				contract and every home improvement contract. The heading shall be printed in
				at least 14-point type, the questions in at least 12-point type, and the
				comments in italics of at least 11-point type. The text should be
bold
where indicated.
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(b) The following statement must accompany
				every contract described in Code Section
				7164. The heading shall be printed
				in at least 14-point type, the questions in at least 12-point type, and the
				comments in italics of at least 11-point type. The text should be
bold
where indicated.
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1. New section
				  filed 11-28-2001; operative 2-26-2002 (Register 2001, No.
				  48).
Note: Authority cited: Sections
					 7008,
					 7159.3
					 and
					 7164,
					 Business and Professions Code. Reference: Section
					 7151.2,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 872.1 - Checklist for Homeowners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				As used in this regulation, home improvement is defined in Code Section
				7151.2.
(b) The following statement must accompany
				every estimate (bid) intended to result in a home improvement contract and
				every home improvement contract that does not include a swimming pool. The
				heading shall be printed in at least 14-point type, the questions in at least
				12-point type, and the comments in italics of at least 11-point type. The text
				should be
bold
where indicated.
Home improvement contractors must provide this notice.
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(c) The following statement, must accompany
				every estimate (bid) intended to result in a home improvement contract and
				every home improvement contract that includes a swimming pool. The heading
				shall be printed in at least 14-point type, the questions in at least 12-point
				type, and the comments in italics of at least 11-point type. The text should be
				bold where indicated.
Checklist for Homeowners (Swimming Pools)
Home improvement contractors must provide this notice.
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1. New section
				  filed 11-28-2001; operative 2-26-2002 (Register 2001, No. 48).
2.
				  Change without regulatory effect amending subsections (b) and (c) and NOTE
				  filed 11-22-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 48).
Note: Authority cited: Section
					 7008,
					 Business and Professions Code. Reference: Sections
					 7151.2
					 and
					 7159,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 8 - Citation › Section 880 - Order of Correction-Practical Feasibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Before including an order of correction in a citation, due
				  consideration shall be given to the practical feasibility of correction in
				  accordance with, but not limited to, the following criteria:
(a) An order of correction is appropriate
				where it would not result in excessive destruction of or substantial waste of
				existing acceptable construction.
(b) An order of correction is appropriate
				where the owner of the construction project is willing to allow the cited
				licensee to correct.
(c) An order
				of correction is appropriate where it appears to the Registrar that the cited
				licensee has competence or ability to correct.
Note: Authority cited: Sections
					 7008
					 and
					 7099.1,
					 Business and Professions Code. Reference: Sections
					 7099
					 and
					 7099.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 8 - Citation › Section 881 - Order of Correction-Alternative Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A cited licensee may comply with an order of correction by
				  having and paying for another licensee to do the corrective work. The cited
				  licensee remains responsible, however, for any failure to fully comply with the
				  order of correction.
An order of correction may, but need not, contain the
				  alternative that the cited person may pay a specified sum to the owner of the
				  construction project in lieu of correcting.
Note: Authority cited: Sections
					 7008
					 and
					 7099.1,
					 Business and Professions Code. Reference: Sections
					 7099
					 and
					 7099.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 8 - Citation › Section 882 - Order of Correction-Time Required to Correct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where an order of correction is included in a citation, due
				  consideration shall be given to the time required to correct in accordance
				  with, but not limited to, the following criteria:
(a) Accepted industry practice in that area
				relating to performance of such work under certain climate or weather
				conditions.
(b) A reasonable time
				in which to obtain necessary materials.
(c) The number of working days the
				construction project will be made accessible by the owner for
				corrections.
Note: Authority cited: Sections
					 7008
					 and
					 7099.1,
					 Business and Professions Code. Reference: Sections
					 7099
					 and
					 7099.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 8 - Citation › Section 883 - Order of Correction-Extension of Time to Correct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the cited person, after exercising substantial efforts and
				  reasonable diligence, is unable to complete the correction within the time
				  allowed because of conditions beyond his control, he may request an extension
				  of time in which to correct. Such request must be made in writing, and must be
				  made prior to the expiration of the time allowed in the order of correction. An
				  extension may be granted upon showing of good cause which determination is
				  within the discretion of the Registrar. If a request for extension of time is
				  not made prior to the expiration of time allowed in the order of correction,
				  failure to correct within the time allowed shall constitute a violation of the
				  order of correction whether or not good cause for an extension of time
				  existed.
1. Editorial
				  correction (Register 2017, No. 8).
Note: Authority cited: Sections
					 7008
					 and
					 7099.1,
					 Business and Professions Code. Reference: Sections
					 7099
					 and
					 7099.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 8 - Citation › Section 884 - Assessments of Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Civil penalties against persons who have
				been cited for violation of the Contractors State License Law shall be assessed
				in accordance with the following ranges of penalties.
Section Violated
Minimum Civil
						  Penalty
Maximum Civil
						  Penalty
7027.1
$100
$1000
7028
200
8,000
7028.1
1,000
8,000
7028.5
200
8,000
7028.7
200
15,000
7029.1
200
2,500
7029.5
100
500
7029.6
100
500
7030
500
1,500
7030.1
1,000
8,000
7030.5
100
1,000
7031.5
100
500
7034
100
1,000
7058.7
500
8,000
7068.1
100
8,000
7068.2
100
1,000
7071.11
100
1,000
7071.13
100
500
7075
100
500
7076
100
1,000
7083
100
1,000
7083.1
100
1,000
7099.10
100
1,500
7099.11
100
1,500
7107
200
8,000
7108
200
8,000
7108.5
200
2,000
7108.6
200
2,000
7109
200
8,000
7109.5
500
8,000
7110
200
30,000
7110.1
100
1,000
7111
100
1,000
7111.1
100
1,500
7113
200
8,000
7114
500
30,000
7114.1
200
2,000
7115
100
8,000
7116
100
8,000
7117
100
1,000
7117.5
200
8,000
7117.6
200
8,000
7118
500
30,000
7118.4
3,000
8,000
7118.5
1,000
8,000
7118.6
1,000
8,000
7119
200
2,000
7120
200
2,000
7123
500
8,000
7125
100
500
7125.4
200
30,000
7154
100
1,000
7157
100
1,000
7158
500
8,000
7159
100
1,000
7159.5(a)(1), (a)(3), and (a)(5),
100
8,000
7159.5(a)(2), (a)(4), (a)(6), (a)(7), and (a)(8)
100
1,000
7159.10
100
500
7159.14
100
8,000
7161
100
8,000
7162
100
1,500
7164
100
1,000
(b)
				When determining the amount of assessed civil penalty, the Registrar shall take
				into consideration whether one or more of the following or similar
				circumstances apply:
(1) the citation
				includes multiple violations;
(2)
				the cited person has a history of violations of the same or similar sections of
				the Contractors State License Law;
(3) in the judgment of the Registrar, a
				person has exhibited bad faith;
(4)
				in the judgment of the Registrar, the violation is serious or
				harmful;
(5) the citation involves
				a violation or violations perpetuated against a senior citizen or disabled
				person; and/or
(6) the citation
				involves a violation or violations involving a construction project in
				connection with repairs for damages caused by a natural disaster as described
				in Section
				7158 of the
				Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 8 - Citation › Section 885 - Appeal of Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person served with a citation pursuant to Section
				  7099
				  of the Business and Professions Code may contest the citation by appealing to
				  the Registrar within 15 working days from the receipt of such citation. The 15
				  day period may be extended upon showing of good cause which determination is
				  within the discretion of the Registrar.
The cited person may contest any or all of the following
				  aspects of the citation:
1. The
				occurrence of a violation of the Contractors License Law;
2. The reasonableness of the order of
				correction, if an order of correction is included in the citation;
3. The period of time allowed for correction,
				if an order of correction is included in the citation;
4. The amount of the civil penalty, if a
				civil penalty is assessed in the citation.
Note: Authority cited: Section
					 7008,
					 Business and Professions Code. Reference: Sections
					 7099.3,
					 7099.4
					 and
					 7099.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 8 - Citation › Section 886 - Service of Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Service of a citation shall be made in accordance with the
				  provisions of Section
				  11505(c)
				  of the Government Code, and, further, that a copy of the citation be sent by
				  regular mail.
Note: Authority cited: Section
					 7008,
					 Business and Professions Code. Reference: Sections
					 7099.3,
					 7099.4
					 and
					 7099.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 8 - Citation › Section 887 - Criteria to Evaluate the Gravity of a Violation of Business and Professions Code Section 7028.7

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Before assessing a civil penalty under Section
				  7028.7
				  of the Business and Professions Code, the Registrar shall give due
				  consideration to the gravity of the violation, including, but not limited to, a
				  consideration of whether the cited person did one or more of the
				  following:
1. Falsely represented that
				he/she was licensed.
2. Failed to
				perform work for which money was received.
3. Executed or used any false or misleading
				documents in order to induce a person to enter into a contract or to pay
				money.
4. Made false or misleading
				statements in order to induce a person to enter into a contract or pay
				money.
5. Failed to apply funds
				which were received for the purpose of obtaining or paying for services, labor,
				materials, or equipment.
6.
				Performed work that was potentially hazardous to the health, safety, or general
				welfare of the public.
7. Performed
				work in violation of the building laws, safety laws, labor laws, compensation
				insurance laws, or unemployment insurance laws.
8. Performed work that did not meet
				acceptable trade standards for good and workmanlike construction.
9. Was convicted of a crime in connection
				with the violation.
10. Committed
				any act which would be cause for disciplinary action against a
				licensee.
11. Committed numerous or
				repeated violations.
Note: Authority cited: Sections
					 7008
					 and
					 7028.7,
					 Business and Professions Code. Reference: Section
					 7028.7,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 9 - Arbitration › Section 890 - Minimum Qualification Standards for Arbitrators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of Section
				  7085.5 of the Code, regardless of
				  the method of appointment or selection, arbitrators shall possess the following
				  minimum qualifications:
(a)
(1) Five (5) years of experience in the
				construction industry as a licensed contractor or a professional in a
				construction related field, such as an architect or engineer, or
(2) Five (5) years of experience as an
				attorney, judge, administrative law judge, arbitrator, or a combination
				thereof, handling a minimum of 8 construction related
				matters.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 1 - Administration › Section 900 - "Establishment."

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise provided in Business and Professions Code
				  section
				  7346,
				  for purposes of this division and the Barbering and Cosmetology Act (Chapter 10
				  (commencing with section
				  7301) of Division 3 of the
				  Business and Professions Code), "establishment" does not include any offsite
				  premises, building, or part of a building where a personal service permit
				  ("PSP") holder travels to meet a client, if the only services performed by the
				  PSP holder at that location are authorized pursuant to section
				  965.2. A PSP holder's place of
				  residence or employment is not "offsite" for purposes of this
				  section.
1. New section
				  filed 7-23-2021; operative 10-1-2021 (Register 2021, No. 30). For prior
				  history, see Register 94, No. 43.
Note: Authority cited: Sections
					 7312
					 and
					 7402.5,
					 Business and Professions Code. Reference: Sections
					 7312,
					 7346,
					 7350
					 and
					 7402.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 1 - Administration › Section 901 - Processing Times for Examination Applications and Licenses. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 10-24-94; operative 11-23-94 (Register 94, No. 43). For prior history,
				  see Register 84, No. 28.
2. Amendment of subsections (b) and (c)
				  filed 5-10-2001 as an emergency; operative 5-10-2001 (Register 2001, No. 19). A
				  Certificate of Compliance must be transmitted to OAL by 9-7-2001 or emergency
				  language will be repealed by operation of law on the following
				  day.
3. Reinstatement of subsections (b) and (c) as they existed
				  prior to 5-10-2001 amendment by operation of Government Code section
				  11346.1(f)
				  (Register 2004, No. 32).
4. Change without regulatory effect
				  amending subsection (d) filed 8-23-2004 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2004, No. 35).
5. Change without regulatory
				  effect repealing section filed 8-14-2017 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2017, No. 33).
Note: Authority cited: Section
					 15376,
					 Government Code; and Section
					 7312,
					 Business and Professions Code. Reference: Section
					 15376,
					 Government Code; and Sections
					 7321,
					 7321.5,
					 7324,
					 7326,
					 7330,
					 7337,
					 7342
					 and
					 7391,
					 Business and Professions Code.