Any license issued pursuant to Articles 5 and 6, may be suspended or revoked by the director. The director may refuse to issue a license to any applicant for the reasons set forth in Section 9889.2. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein.
Automotive RepairDenial, Suspension and Revocation
Section § 9889.1
This law allows the director to suspend or take away a license that was issued under specific articles if necessary. The director can also refuse to give a license to applicants for certain reasons. The process for this decision will follow established government procedures, giving the director certain powers to enforce them.
license suspension license revocation refusal to issue license
Section § 9889.10
If your license has been suspended, you can get it back if you show that you've met all the conditions for reinstatement. However, if your license has been revoked, you must wait at least one year before it can be reinstated or reissued.
After suspension of the license upon any of the grounds set forth in this article, the director may reinstate the license upon proof of compliance by the applicant with all provisions of the decision as to reinstatement. After revocation of a license upon any of the grounds set forth in this article, the license shall not be reinstated or reissued within a period of one year after the effective date of revocation.
license suspension license reinstatement license revocation
Section § 9889.2
This law explains when the director can refuse to give someone a license. It lists several reasons: if the person doesn't meet the necessary qualifications, had a previous license revoked or suspended, has done something that would get someone's current license suspended or revoked, acted dishonestly or fraudulently, worked without a license, or was convicted of a related crime. These are all grounds for denying a license application.
The director may deny a license if the applicant or any partner, officer, or director thereof:
(a)CA Business & Professions Code § 9889.2(a) Fails to meet the qualifications established by the bureau pursuant to Articles 5 and 6 of this chapter for the issuance of the license applied for.
(b)CA Business & Professions Code § 9889.2(b) Was previously the holder of a license issued under this chapter which license has been revoked and never reissued or which license was suspended and the terms of the suspension have not been fulfilled.
(c)CA Business & Professions Code § 9889.2(c) Has committed any act which,
if committed by any licensee, would be grounds for the suspension or revocation of a license issued pursuant to this chapter.
(d)CA Business & Professions Code § 9889.2(d) Has committed any act involving dishonesty, fraud, or deceit whereby another is injured or whereby the applicant has benefited.
(e)CA Business & Professions Code § 9889.2(e) Has acted in the capacity of a licensed person or firm under this chapter without having a license therefor.
(f)CA Business & Professions Code § 9889.2(f) Has entered a plea of guilty or nolo contendere to, or been found guilty of, or been convicted of a crime substantially related to the qualifications, functions and duties of the license holder in question, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, irrespective of an order granting probation following such conviction, suspending the imposition of sentence, or of a subsequent order under the
provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the plea or verdict of guilty, or dismissing the accusation or information.
license denial qualifications revoked license
Section § 9889.3
This law outlines circumstances under which a director can suspend or revoke a professional license. These include violating related laws, being convicted of relevant crimes, breaking regulations, committing fraud, or misrepresenting facts when obtaining a license. It also covers helping unlicensed people break rules, not maintaining proper records, and specific criminal violations. License holders must keep transaction records for at least three years and cannot refuse inspection requests.
The director may suspend, revoke, or take other disciplinary action against a license as provided in this article if the licensee or any partner, officer, or director thereof:
(a)CA Business & Professions Code § 9889.3(a) Violates any section of the Business and Professions Code that relates to his or her licensed activities.
(b)CA Business & Professions Code § 9889.3(b) Is
convicted of any crime substantially related to the qualifications, functions, or duties of the licenseholder in question.
(c)CA Business & Professions Code § 9889.3(c) Violates any of the regulations promulgated by the director pursuant to this chapter.
(d)CA Business & Professions Code § 9889.3(d) Commits any act involving dishonesty, fraud, or deceit whereby another is injured.
(e)CA Business & Professions Code § 9889.3(e) Has misrepresented a material fact in obtaining a license.
(f)CA Business & Professions Code § 9889.3(f) Aids or abets an unlicensed person to evade the provisions of this chapter.
(g)CA Business & Professions Code § 9889.3(g) Fails to make and keep records showing his or her transactions as a licensee, or fails to have the records available for inspection by the director or his or her duly authorized representative for a period of not less than three years after completion
of any transaction to which the records refer, or refuses to comply with a written request of the director to make the record available for inspection.
(h)CA Business & Professions Code § 9889.3(h) Violates or attempts to violate the provisions of this chapter relating to the particular activity for which he or she is licensed.
(i)CA Business & Professions Code § 9889.3(i) Is convicted of a violation of Section 551 of the Penal Code.
license suspension license revocation disciplinary action
Section § 9889.4
If someone is found guilty or pleads 'nolo contendere' (which means they don't contest the charge), it counts as a conviction for this section. The director has the power to suspend, revoke, or refuse to issue a license once any appeals have finished. This holds true even if the person later gets their guilty plea or verdict reversed or dismissed under certain conditions of the Penal Code.
A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The director may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw the person’s plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
plea of nolo contendere conviction license suspension
Section § 9889.5
If a license holder does something wrong, the director can discipline them after holding a hearing. The director can put them on probation, suspend their license, or even revoke it entirely.
The director may take disciplinary action against any licensee after a hearing as provided in this article by any of the following:
(a)CA Business & Professions Code § 9889.5(a) Imposing probation upon terms and conditions to be set forth by the director.
(b)CA Business & Professions Code § 9889.5(b) Suspending the license.
(c)CA Business & Professions Code § 9889.5(c) Revoking the license.
disciplinary action hearing probation
Section § 9889.6
If your license is suspended or revoked under this law, you must give your license back to the director as soon as the order takes effect.
Upon the effective date of any order of suspension or revocation of any license governed by this chapter, the licensee shall surrender the license to the director.
license suspension license revocation surrender license
Section § 9889.7
This law states that even if a license expires, is suspended, or is voluntarily given up, the state can still investigate and take disciplinary action against the license holder. The Director retains the right to decide on further actions like suspension or revocation of the license.
The expiration or suspension of a license by operation of law or by order or decision of the director or a court of law, or the voluntary surrender of a license by a licensee shall not deprive the director of jurisdiction to proceed with any investigation of or action or disciplinary proceedings against such licensee, or to render a decision suspending or revoking such license.
license expiration license suspension voluntary surrender
Section § 9889.8
This law states that any complaint against a license holder must generally be filed within three years of the alleged wrongdoing. However, if the complaint involves fraud or lies as defined in a specific part of the law, it can be filed within two years of when the fraud was discovered.
All accusations against licensees shall be filed within three years after the act or omission alleged as the ground for disciplinary action, except that with respect to an accusation alleging a violation of subdivision (d) of Section 9889.3, the accusation may be filed within two years after the discovery by the bureau of the alleged facts constituting the fraud or misrepresentation prohibited by that section.
licensee accusations disciplinary action timing filing deadlines
Section § 9889.9
If someone has their business license taken away or paused after a hearing, any other licenses they have can also be taken away or paused by the director.
When any license has been revoked or suspended following a hearing under the provisions of this article, any additional license issued under Articles 5 and 6 of this chapter in the name of the licensee may be likewise revoked or suspended by the director.
license revocation license suspension hearing process
