After obtaining a contractor or general contractor license in Santa Cruz, you must adhere to the standard of operations set by your licensing agency and other California laws governing your profession, including criminal laws. If not, someone can file criminal charges or a formal complaint against you with the Contractor State License Board. This puts your license and your entire career at risk. When this happens, you must defend yourself and protect a permit that has taken so long and cost a lot of money.

We help defend licenses for professionals like you at Santa Cruz License Attorney. Regardless of the nature of the complaint or your performance record in the industry, we can work with you to compel the board to be favorable in its decision regarding your case. Let us start the process after receiving a notice of an administrative hearing to improve your chances of obtaining a fair outcome.

Your Valuable Services as a Licensed Contractor in California

A developing state like California has many construction contractors working on various projects. These professionals oversee the building of valuable structures like bridges, buildings, playgrounds, highways, and similar structures. Without their involvement, projects like these would not be successful. Homeowners, business owners, and the government depend on their expertise to ensure that major construction projects are well-planned and safely built. This makes their services to the public indispensable.

However, it takes a long time for an ordinary person to become a professional or general contractor. They must obtain proper training from accredited higher education institutions and universities. The more training they receive, the more polished their skills become. Highly trained contractors usually take additional training and exams to obtain certification and a license to offer safe and legal services in California. Here is how licensed contractors are classified in the state:

  • The Class A category is for general engineers who work on significant projects such as grading, excavations, paving, and irrigation.
  • Class B is for general builders who handle various construction and remodeling projects. They mainly design and oversee the building of commercial and residential buildings. Although they primarily supervise others, they have the skills to handle the projects independently.
  • The class C category is for specialty contractors handling all other construction projects, including plumbing, welding, HVAC, masonry, fencing, plumbing, and roofing.

All contractors allow the public to enjoy safe, functional, and beautifully designed projects regardless of their license type. However, their work requires high care and professionalism to avoid harming the public. A minor mistake can result in a significant financial loss or a risky project that puts people at risk of physical injuries or death. This is what puts their career and license at risk. When a mistake happens, a client, colleague, or employer can file a complaint with the licensing body.

It helps to work closely with a license attorney to keep your license. They can fight the allegation against you and advise you on better ways to resolve issues you face at work to prevent similar administrative matters.

The California Contractor State License Board

This board's mission is to regulate licensing for qualified contractors in California. The board ensures that only the most competent and professional contractors can discharge their services in the state. This gives the public confidence that their buildings and other structures are safe, functional, and effective. The board strictly handles contractors before or after licensing them to ensure the public receives safe, effective, and professional services.

Thus, the board’s primary role is not to issue, renew, or reinstate licenses but to safeguard Californians from financial, physical, or emotional harm by unqualified contractors. Its existence prevents fraudulent, incompetent, negligent, and unprofessional contractors from serving the public. This means you will likely receive no support from the board if a client or employer accuses you of negligence, incompetence, or unprofessionalism. You could even receive a harsh penalty for a lenient violation.

However, you can partner with a competent attorney for support, guidance, and defense against the allegations. A license attorney familiar with the administrative procedures will prepare you well for your case's hearing and likely outcome. They will also discuss your options and defend your rights throughout the process. You will likely receive a positive result if you engage an attorney from the start of the legal process.

Complaints That Can Trigger an Administrative Procedure by the Contractors State Licensing Board

The board receives complaints, claims, and allegations from the public every week. Most of these are from dissatisfied or injured clients who want the board to take action against an unprofessional, negligent, or incompetent contractor. The board only pursues some of these allegations, but not all of them. It has to determine the authenticity of a claim before taking action. If the claim seems valid, the board will investigate to gather more evidence before presenting it at the hearing.

If the board decides to pursue a claim against you, it will notify you and give you a hearing date on which you must be present. You can have your attorney attend the hearing if your presence is not mandatory. The board will specify whether you are required in the hearing. You can also represent yourself in the hearing or hire a skilled attorney. However, the guidance and counsel of an attorney are invaluable in cases like these, especially when your license is on the line.

Here are examples of complaints that the public files against licensed contractors in California. A complete list can be found on the board’s website:

  • Asking for or receiving deposits from clients illegally
  • Ignoring trade standards when working on a project
  • Hiring or supervising unlicensed or incompetent assistants
  • Using or abusing alcohol or other substances while on the job
  • Committing any fraud-related crime, like insurance or real-estate fraud
  • Engaging in criminal acts that potentially affect your professionalism or competence as a contractor
  • Sexual misconduct
  • Being under the investigation of another government agency or licensing board from a different state

Being accused of incompetence or unprofessionalism does not automatically mean that you can lose your license. The board must investigate the allegation against you to determine its credibility, gravity, and possible result. The board also considers the circumstances of your case and your history or performance to decide how to handle the case. Here are possible responses when the Contractors State License Board receives a complaint about you:

  • Dismissing the claim because it is unsubstantiated, out of the board’s ability to handle, or lacking sufficient evidence
  • Dismissing the claim because the accused and complainant have resolved the matter through an acceptable agreement
  • Issuing a citation, warning, or reprimand letter to demonstrate its knowledge about the matter and warn you against further violations. Note that these options are usually reserved for minor allegations. The board can charge you a fine if the matter is more severe.
  • Holding a hearing and appointing an administrative judge to oversee the hearing.

Hearings are usually held for more severe allegations, and their outcomes could be grave decisions, like suspending or revoking your professional license. When the board decides to hold a hearing to determine the best discipline for your actions or omissions, it will notify you about its decision and the hearing date. It will also give you enough time to prepare well for the trial. You can hire an attorney, gather evidence, and prepare statements that could compel the judge to dismiss the allegation or rule in your favor.

An attorney can help in so many ways. They will ensure you understand the severity of the allegation against you and the possible outcome. This information is critical in preparing you for what to expect during and after the administrative process. Your attorney will also discuss your rights and protect them throughout the process. They will discuss your options and help you prepare well for the hearing. Your attorney will also be your legal representative in the hearing and after to ensure that the board and judge consider your best interest when ruling the matter.

The outcome of an administrative hearing can be favorable or not, depending on the evidence against you and the strength of your defense. If you are a habitual offender, or your actions or omissions put the public at risk of significant harm, the board’s action can be stern. In this case, the discipline can be suspending or revoking your license. Suspensions are usually temporary, but revocations are permanent. After the suspension, you must reinstate the permit, which is long and tedious. However, your lawyer can try to negotiate for a more reasonable resolution to ensure you keep your contractor's license.

In some cases, the complaint can file criminal charges against you, which can also put your license at risk. Some criminal violations, like violent felonies or sex-related crimes, affect your professionalism or competence. Depending on the severity of the matter, the board can suspend or revoke your license.

Negotiating a Favorable Resolution

A contractor's license does not come quickly in California. In addition to years of training and retraining, you must pass very challenging exams and demonstrate an understanding of all the laws governing this profession to obtain a license. This should be your primary reason to fight to keep your license, regardless of how grave the allegations against you are. Losing your license after only a few years of working in the industry is a significant loss. It will also mean the loss of a career you chose and love so much. The people who depend on you for their livelihood will suffer significant losses.

If the board has sufficient evidence against you and the possible outcomes of the administrative procedure do not look good, you should consider negotiating for a favorable resolution with the board or your accuser. A skilled attorney will propose this if there is a chance of saving your career and license. Sometimes, the board starts with an arbitration process before the hearing to resolve the matter without criminal charges or disciplinary action. This could work if this is your first violation or you have a clean performance record.

Negotiations are a quicker way to resolve an administrative matter. Remember that administrative procedures can drag on for years. Criminal processes can take a very long time, too. This will delay your career, especially if your license is on probation or suspended pending the determination of your case. A negotiation speeds the matter for you so that you can resume your daily tasks with minimal delays; it also saves money and time, which are valuable resources for a contractor.

Your attorney can propose a negotiation immediately after the board notifies you of a pending case and hearing. Before the hearing, you can contact the board through your attorney to settle the matter. Since it also costs the board so much time and money to pursue cases like these, it could be willing to negotiate for a favorable resolution for both parties. The board can propose a disciplinary action that befits your actions or any other favorable resolution in the case.

If you cannot resolve the matter through negotiation, the board can hold an administrative hearing, whereby the judge will hear and determine the case. Your attorney can use any defense strategy that will favor you, including mitigating factors and evidence.

Find Reliable Santa Cruz License Defense Services Near Me

If you are under the investigation of the Contractors State License Board, you risk losing your livelihood if you do not take any action to defend yourself. The board takes stern action against contractors accused of negligence, unprofessionalism, or incompetence to protect the public against unsafe or unprofessional services. However, a license attorney can help negotiate for a favorable outcome or defend your license against suspension or revocation.

At Santa Cruz License Attorney, we understand how important it is for you to keep your license and livelihood. We can work with you to achieve the best possible outcome for your case. We can also defend your rights and advise you on how to avoid administrative issues in your career. Contact us at 831-732-4390 to discuss more.