ContractorsAdministration
Section § 7000
Section § 7000.2
This law lets local governments require contractors to prove they’ve paid any local business taxes before getting permits. If a contractor hasn't paid these taxes, the government can deny their permit. However, any taxes charged can't be more than allowed by specific sections of other laws.
Section § 7000.5
This law establishes the Contractors State License Board within the Department of Consumer Affairs, made up of 15 members. It's subject to review by legislative policy committees once this section is repealed. The law is set to expire on January 1, 2029.
Section § 7000.6
This law section emphasizes that the main job of the Contractors State License Board is to protect the public. If there's ever a conflict between public safety and any other interests, protecting the public takes priority.
Section § 7001
Except for public members, all board members must be contractors and have been working in the contracting business for at least five years before they are appointed. They must also keep working as contractors during their time on the board. Contractors must have a valid, active license to be appointed. Public members, on the other hand, cannot be licensed by the board.
Section § 7002
This section outlines who can serve on a specific board related to contractors in California. The board includes contractors, public members, a labor organization representative, and a local building official. Public members cannot have current or past ties to the construction industry or financial interests in it. Contractor board members must be experienced and active in their field. All board members need good character, must be at least 30, and have lived in California for at least five years. The terms for different types of contractors are defined in another section of the law.
Section § 7003
This law outlines how vacancies are filled on a board. When a board member's term ends, a new person from the same type of contracting business takes over for four years, except if the member was a public representative, in which case another public member is chosen. A Governor, Senate Rules Committee, and Speaker of the Assembly are responsible for some appointments, including specific roles like a senior citizen advocate, a local building official, and a labor organization member. Members can't serve for more than two consecutive terms, and any mid-term vacancies are filled for the remainder of the term.
Section § 7005
The Governor has the authority to remove board members if they behave badly, aren't capable, or don't fulfill their responsibilities.
Section § 7006
This law requires the board to meet at least once every three months to handle its business, and aims to webcast these meetings if possible. Special meetings can be arranged according to the board's rules, and four board members can call a special meeting anytime.
Section § 7007
This law section states that at board meetings, eight members are needed to make official decisions. Also, each board member must be informed about when and where the meetings will take place, following the rules set out in the bylaws.
Section § 7008
This section allows the board to create committees and set rules necessary to implement this chapter's provisions, following the procedures outlined in the Administrative Procedure Act.
Section § 7009
Section § 7010
This law states that the board is responsible for handling everything related to this chapter, except for tasks given to the director as per Division I of the code.
Section § 7011
This section outlines the appointment and roles of the registrar of contractors by the board, requiring the director's approval, and discusses the support staff roles that can be appointed to assist with administrative duties. The registrar acts as the executive officer and secretary. Appointments are to follow civil service laws and are subject to expiration on January 1, 2029.
Section § 7011.3
This law means that if a licensed contractor has already been fined by the Labor Commissioner for a particular violation, they cannot be fined again for the same issue by the registrar.
Section § 7011.4
This section creates a special enforcement division within the Contractors State License Board in California. Its main job is to crack down on unlicensed contractors and ensure they have the right workers' compensation insurance. Special investigators employed here can issue court notices but are not police officers and can't arrest people. When working with the Joint Enforcement Strike Force, they can freely enter any workplace to carry out their duties.
Section § 7011.5
Investigators working for the Special Investigations Unit of the Contractors State License Board in California have the power of peace officers when they are performing their duties. This means they can enforce laws and start criminal cases related to their investigations. All of their actions as described are considered part of their job.
Section § 7011.7
This section discusses how complaints should be reviewed and investigated by the registrar. The intent is for complaints to be addressed quickly, ideally in six months. However, in cases involving complex fraud or contractual issues, the board aims to finish within a year, acknowledging these might take longer.
Section § 7011.8
If someone who needs a contractor's license files a false complaint against another licensed contractor, knowing it's untrue, they can get a citation from the Contractors State License Board. The board can also tell local prosecutors if they believe the complaint is deliberately false.
Section § 7012
This law allows a registrar, with approval, to help enforce construction-related laws when there is funding. The registrar can also hire assistants as needed to do this work.
Section § 7013
This law allows the board to review and possibly change any decision made by the registrar if the majority agrees. It applies to actions that follow specific government procedures.
Section § 7013.5
This law says that during certain legal proceedings related to business licensing, testimony from previous court cases or hearings can be used as evidence, even if the witness cannot testify again. However, the testimony must be relevant, and the person in charge of the hearing can decide to request the witness to testify in person instead or reject the testimony if it wasn't given in a setting that allowed for proper questioning of the witness.
Section § 7014
This law says that the board has the authority to buy the tools and records it needs to do its job properly under this chapter.
Section § 7015
This law mandates that the Contractors State License Board must create an official seal for its use. The seal will include specific wording about the board's identity, and the registrar is responsible for taking care of it.
Section § 7016
The members of the board are entitled to receive a daily allowance and reimbursement for expenses, as detailed in another section of the law.
Section § 7017.3
This law requires the Contractors State License Board to submit an annual report to the Legislature by October 1 each year. The report includes detailed statistical information about complaints related to licensed contractors, registered home improvement salespersons, and unlicensed individuals acting as licensees. The report must categorize complaints by their source, type, and resolution method, such as settlement or arbitration. It also tracks the number of citations issued, complaints referred for investigation, and actions taken by the board. The report should provide data on case durations and outcomes, including disciplinary actions, temporary restraining orders, and cost recoveries. It covers the entire complaint process, from intake to final decisions and any legal actions, ensuring transparency and accountability in the board's activities.
Section § 7017.5
Every Monday, the board must update its website with information about home improvement salesperson applications. They have to list the earliest date of unprocessed applications as well as the earliest date of processed applications that received a registration number.
Section § 7018
This law requires the board to keep an online search tool updated on their website, allowing people to find licensed contractors based on ZIP Code or area.
Section § 7019
This section explains that if there's enough money, the board can hire certain professionals, like engineers or accountants, to help investigate consumer complaints. They can also hire other experts, such as interpreters, if needed to help with cases involving licenses or registrations. The registrar decides how much these helpers get paid and provides specific forms for reporting their work.
Section § 7020
This law requires the board to keep a computer-based system on consumer complaints to make tracking enforcement actions easier.
Section § 7021
This law allows the board to collaborate with other state or local agencies that have information important to its mission of protecting the public. The board can make formal agreements to share this information to ensure public safety.