California Home Improvement Salesperson Registration Defense Attorney

California Contractors State License Board License Defense Lawyer

The California Contractors State License Board, known as CSLB, licenses several hundred thousand Home Improvement Salespersons in the State of California. Most California Contractors have minimal or no contact with the enforcement arm of CSLB. For Home Improvement Salespersons who become part of the CSLB’s disciplinary process, the consequences are profound. The Home Improvement Salesperson Registration disciplinary process is complex, procedural and time consuming. Home Improvement Salespersons facing the CSLB disciplinary process should seek legal representation from an experienced California Contractors License Defense Attorney.

California Contractors State License Board Investigation Defense Lawyer

The majority of CSLB investigations begin with the filing of a consumer Complaint. However, CSLB Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Contractors State License Board employs sworn Peace Officers and non sworn Enforcement Representatives. These CSLB employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the CSLB disciplinary process. At the conclusion of a CSLB investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Home Improvement Salesperson facing a CSLB investigation, contact a California CSLB License Defense Attorney for representation.

California Home Improvement Salesperson Registration Accusation Defense Attorney

A formal Accusation served on a California Home Improvement Salesperson serves as notice to a Home Improvement Salesperson that the Board intends to revoke the Home Improvement Salespersons License. The Home Improvement Salesperson, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Home Improvement Salesperson. A Default will result in the immediate Revocation of the Home Improvement Salespersons License.

An Accusation is a serious matter that can result in the suspension or revocation of a Home Improvement Salespersons License in California. In many cases, it is possible for Home Improvement Salespersons to reach a Stipulated Agreement with the Attorney General’s Office and California Contractors State License Board. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Home Improvement Salespersons facing a California Contractors State License Board Accusation should contact an experienced California Contractors License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Home Improvement Salespersons include:

California Home Improvement Salesperson Registration Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Contractors State License Board can adopt, modify or reject the ALJ’s Proposed Decision. The California Contractors State License Board’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Home Improvement Salesperson to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Home Improvement Salesperson can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Contractors facing a California Contractors State License Board Administrative Law Hearing need effective representation from a California Contractors License Defense Lawyer.

California Home Improvement Salesperson Registration and Criminal Convictions

The California Contractors State License Board can discipline Home Improvement Salespersons for criminal convictions. California Contractors State License Board discipline occurs for convictions for criminal convictions that are substantially related to the duties, functions and qualifications of a Home Improvement Salesperson. Common criminal offenses that can cause Home Improvement Salespersons License discipline are:

The California Contractors State License Board and other law enforcement agencies also investigate criminal conduct by Home Improvement Salespersons in the course and scope of their trade. Criminal investigations often involve Home Improvement Salespersons engaged in Elder Abuse, Pace/HERO Fraud and Reverse Mortgage Fraud. In serious criminal cases against Home Improvement Salespersons pending in Criminal Court, the California Contractors State License Board and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Home Improvement Salesperson. A California Penal Code § 23 Order seeks to suspend a Home Improvement Salespersons License in Criminal Court.

Home Improvement Salespersons facing criminal charges and Home Improvement Salespersons who are convicted of criminal offenses need an experienced California Contractors License Defense Attorney for representation in disciplinary proceedings before the California Contractors State License Board.

California Home Improvement Salesperson Registration Statement of Issues Attorney

The California Contractors State License Board thoroughly investigates all applicants for Home Improvement Salespersons Licenses. The California Contractors State License Board may deny a California Contractors License for a variety of reasons. Most California Home Improvement Salesperson Registration denials occur due to criminal convictions, financial problems or misstatements on the Home Improvement Salespersons License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Home Improvement Salespersons License should contact a California Contractors License Denial Lawyer for representation in a California Contractors State License Board Statement of Issues Hearing.

California Home Improvement Salesperson Registration Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Home Improvement Salespersons who have received a Home Improvement Salespersons License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Home Improvement Salespersons License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Contractors State License Board. A successful Home Improvement Salespersons License Petition for Reinstatement requires representation by an experienced California Contractors License Defense Attorney.