California Contractors State License Board License Defense Lawyer in Bakersfield
The California Contractors State License Board, known as CSLB, licenses nearly 300,000 Contractors in the State of California. Most California Contractors have minimal or no contact with the enforcement arm of CSLB. For Contractors who become part of the CSLB’s disciplinary process, the consequences are profound. The Contractor License disciplinary process is complex, procedural and time consuming. Contractors facing the CSLB disciplinary process should seek legal representation from an experienced Bakersfield Contractors License Defense Attorney.
California Contractors State License Board Investigation Defense Lawyer in Bakersfield
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 Contractor facing a CSLB investigation, contact a Bakersfield CSLB License Defense Attorney for representation.
Bakersfield Contractors License Accusation Defense Attorney
A formal Accusation served on a California Contractor serves as notice to a Contractor that the Board intends to revoke the Contractors 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 Contractors License.
An Accusation is a serious matter that can result in the suspension or revocation of a Contractors 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 Bakersfield Contractors License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Contractors include:
Bakersfield Contractors License Hearing Attorney
The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. One of these Court locations is located in Downtown Los Angeles. The OAH Los Angeles Office serves Bakersfield and Kern County. In some instances, Hearings are held at locations in Bakersfield. 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 Bakersfield Contractors License Defense Lawyer.
Bakersfield Contractors 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 Contractors 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 trade. Criminal investigations often involve Contractors engaged in Elder Abuse, PACE/HERO Program Fraud, Reverse Mortgage Fraud and Workers Compensation Insurance Fraud. 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 Contractors License in Criminal Court. Contractors facing criminal charges and Contractors who are convicted of criminal offenses need an experienced Bakersfield Contractors License Defense Attorney for representation in disciplinary proceedings before the California Contractors State License Board.
Bakersfield Contractors License Statement of Issues Attorney
The California Contractors State License Board thoroughly investigates all applicants for Contractors Licenses. The California Contractors State License Board may deny a Bakersfield Contractors License for a variety of reasons. Most California Contractor License denials occur due to criminal convictions, financial problems or misstatements on the Contractors 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 Contractors License should contact a Bakersfield Contractors License Denial Lawyer for representation in a California Contractors State License Board Statement of Issues Hearing.
Bakersfield Contractor Petition for Reinstatement Lawyer
A Petition for Reinstatement allows Contractors who have received a Contractors 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 Contractors License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Contractors State License Board. A successful Contractors License Petition for Reinstatement requires representation by an experienced Bakersfield Contractors License Defense Attorney.