California Contractors State License Board Defense Attorney

California CSLB License Defense Lawyer

The California Contractors State License Board, known as the CSLB, licenses approximately 300,000 Contractors in the State of California. Most California Contractors have minimal or no contact with the enforcement arm of the California Contractors State License Board. For Contractors who become part of the California Contractors State License Board’s disciplinary process, the consequences are profound. The Contractor License disciplinary process is complex, procedural and time consuming. Contractors facing the California Contractors State License Board disciplinary process should seek legal representation from an experienced California Contractors State License Board License Defense Attorney.

California Contractors State License Board Investigation Defense Lawyer

The majority of California Contractors State License Board investigations begin with the filing of a consumer Complaint. However, California Contractors State License Board Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Contractors State License Board utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Contractors. These 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 California Contractors State License Board disciplinary process. At the conclusion of a California Contractors State License Board 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 Contractor facing a California Contractors State License Board investigation, contact a California Contractors State License Board License Defense Attorney for representation.

California CSLB Accusation Defense Attorney

A formal Accusation served on a California Contractor serves as notice to a Contractor that the Board intends to revoke the Contractor License. The Contractor, 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 Contractor. A Default will result in the immediate Revocation of the Contractor License.

An Accusation is a serious matter that can result in the suspension or revocation of a Contractor License in California. In many cases, it is possible for Contractors 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). Contractors facing a California Contractors State License Board Accusation should contact an experienced California Contractors State License Board License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Contractors include:

California Contractors State License Board 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 Contractor 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 Contractor 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 State License Board License Defense Lawyer.

California CSLB License and Criminal Convictions

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

The California Contractors State License Board and other law enforcement agencies also investigate criminal conduct by Contractors in the course and scope of their practice. Criminal investigations often involve Contractors engaged in Elder Abuse, Mortgage Fraud, Renting a Contractor’s License and Theft. In serious criminal cases against Contractors 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 Contractor. A California Penal Code § 23 Order seeks to suspend a Contractor License in Criminal Court.

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

California Contractors State License Board Statement of Issues Attorney

The California Contractors State License Board thoroughly investigates all applicants for Contractor Licenses. The California Contractors State License Board may deny a California Contractor License to Contractor students and Contractors from other states and countries. Most California Contractor License denials occur due to criminal convictions, financial problems or misstatements on the Contractor 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 Contractor License should contact a California Contractors State License Board License Denial Lawyer for representation in a California Contractors State License Board Statement of Issues Hearing.

California CSLB Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Contractors who have received a Contractor 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 Contractor License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Contractors State License Board. A successful Contractor License Petition for Reinstatement requires representation by an experienced California Contractors State License Board License Defense Attorney.