Business and Professions Code — Part 43 | BPC — United States — California law | Esheria

Business and Professions Code

Part 43 of 52 · provisions 8,401–8,600

This section says the act is called the Business and Professions Code.

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About this statute

This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 7014.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The board may buy or obtain equipment and records it needs to carry out this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7014. The board may procure equipment and records necessary to carry out the provisions of this chapter. (Added by Stats. 1939, Ch. 37.)
  2. 7015.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The board must adopt an official seal for its own use, and the seal must bear specified words; the registrar has care and custody of it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7015. The board shall adopt a seal for its own use. The seal shall have the words “Contractors State License Board, State of California, Department of Consumer Affairs,” and the care and custody thereof shall be in the hands of the registrar. (Amended by Stats. 2020, Ch. 312, Sec. 52. (SB 1474) Effective January 1, 2021.)
  3. 7016.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    Each board member is entitled to receive a per diem and expenses under Section 103.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7016. Each member of the board shall receive a per diem and expenses as provided in Section 103. (Repealed and added by Stats. 1959, Ch. 1645.)
  4. 7017.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The Contractors State License Board must send the Legislature an annual statistical report by October 1 each year.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7017.3. The Contractors State License Board shall report annually to the Legislature, not later than October 1 of each year, the following statistical information for the prior fiscal year. The following data shall be reported on complaints filed with the board against licensed contractors, registered home improvement salespersons, and unlicensed persons acting as licensees or registrants: (a) The number of complaints received by the board categorized by source, such as public, trade, profession, government agency, or board-initiated, and by type of complaint, such as licensee or nonlicensee. (b) The number of complaints closed prior to referral for field investigation, categorized by the reason for the closure, such as settled, referred for mandatory arbitration, or referred for voluntary arbitration. (c) The number of complaints referred for field investigation categorized by the type of complaint, such as licensee or nonlicensee. (d) The number of complaints closed after referral for field investigation categorized by the reason for the closure, such as settled, referred for mandatory arbitration, or referred for voluntary arbitration. (e) For the board’s Intake/Mediation Center and the board’s Investigation Center closures, respectively, the total number of complaints closed prior to a field investigation per consumer services representative, and the total number of complaints closed after referral for a field investigation per investigator and special investigator. Additionally, the board shall report the total number of complaints closed by other board staff during the year. (f) The number of complaints pending at the end of the fiscal year grouped in 90-day increments, and the percentage of total complaints pending, represented by the number of complaints in each grouping. (g) The number of citations issued to licensees categorized by the type of citation such as order of correction only or order of correction and fine, and the number of citations issued to licensees that were vacated or withdrawn. (h) The number of citations issued to nonlicensees and the number of these citations that were vacated or withdrawn. (i) The number of complaints referred to a local prosecutor for criminal investigation or prosecution, the number of complaints referred to the Attorney General for the filing of an accusation, and the number of complaints referred to both a local prosecutor and the Attorney General, categorized by type of complaint, such as licensee and nonlicensee. (j) Actions taken by the board, including, but not limited to, the following: (1) (A) The number of disciplinary actions categorized by type, such as revocations or suspensions, categorized by whether the disciplinary action resulted from an accusation, failure to comply with a citation, or failure to comply with an arbitration award. (B) The number of disciplinary actions described in subparagraph (A) shall specify the number of disciplinary actions for violations of Section 7125.4. (2) The number of accusations dismissed or withdrawn. (k) For subdivisions (g) and (j), the number of cases containing violations of Sections 7121 and 7121.5, and paragraph (5) of subdivision (a) of Section 7159.5, categorized by section. (l) The number of interim suspension orders sought, the number of interim suspension orders granted, the number of temporary restraining orders sought, and the number of temporary restraining orders granted. (m) The amount of cost recovery ordered and the amount collected. (n) Case aging data, including data for each major stage of the enforcement process, including the following: (1) The average number of days from the filing of a complaint to its closure by the board’s Intake/Mediation Center prior to the referral for an investigation categorized by the type of complaint, such as licensee or nonlicensee. (2) The average number of days from the referral of a complaint for an investigation to its closure by the Investigation Center categorized by the type of complaint, such as licensee or nonlicensee. (3) The average number of days from the filing of a complaint to the referral of the completed investigation to the Attorney General. (4) The average number of days from the referral of a completed investigation to the Attorney General to the filing of an accusation by the Attorney General. (5) The average number of days from the filing of an accusation to the first hearing date or date of a stipulated settlement. (6) The average number of days from the receipt of the administrative law judge’s proposed decision to the registrar’s final decision. (Amended by Stats. 2025, Ch. 455, Sec. 1. (SB 291) Effective January 1, 2026.)
  5. 7017.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The board must post specified home improvement salesperson registration information on its website by the close of the first business day of each week.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7017.5. By the close of the first business day of each week, the board shall post the following home improvement salesperson registration information on its Web site: (a) The earliest enrolled date of the unprocessed applications on file at the close of the prior business day. (b) The earliest enrolled date of an application for which a registration number has been issued at the time of the posting required by this section. (Added by Stats. 2002, Ch. 372, Sec. 1. Effective January 1, 2003.)
  6. 7018.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The board must keep the current contractor license check search function on its website available.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7018. The board shall maintain the current contractor license check search function on their internet website that permits consumers to search for a licensed contractor by either ZIP Code or geographic location. (Amended by Stats. 2019, Ch. 378, Sec. 4. (SB 610) Effective January 1, 2020.)
  7. 7019.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The board may hire certain professionals to help investigate or prosecute matters, and the registrar must set reimbursement rates and prescribe the report form.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7019. (a) If funding is made available for that purpose, the board may contract with licensed professionals, as appropriate, for the site investigation of consumer complaints. (b) The board may contract with other professionals, including, but not limited to, interpreters and manufacturer’s representatives, whose skills or expertise are required to aid in the investigation or prosecution of a licensee, registrant, applicant for a license or registration, or those subject to licensure or registration by the board. (c) The registrar shall determine the rate of reimbursement for those individuals providing assistance to the board pursuant to this section. All reports shall be completed on a form prescribed by the registrar. (d) As used in this section, “licensed professionals” means, but is not limited to, engineers, architects, landscape architects, geologists, and accountants licensed, certificated, or registered pursuant to this division. (Amended by Stats. 2002, Ch. 1013, Sec. 59. Effective January 1, 2003.)
  8. 702.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 9. Inactive License [700 - 704] ( Article 9 added by Stats. 1977, Ch. 410. )

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    A holder of an inactive healing arts license or certificate may not do work that requires an active license or claim to have an active license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 9. Inactive License [700 - 704] ( Article 9 added by Stats. 1977, Ch. 410. ) ## 702. The holder of an inactive healing arts license or certificate issued pursuant to this article shall not do any of the following: (a) Engage in any activity for which an active license or certificate is required. (b) Represent that he or she has an active license. (Amended by Stats. 2018, Ch. 249, Sec. 2. (AB 1659) Effective January 1, 2019.)
  9. 7020.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The board must maintain a computerized enforcement tracking system for consumer complaints.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7020. The board shall maintain a computerized enforcement tracking system for consumer complaints. (Amended by Stats. 1991, Ch. 1160, Sec. 5.)
  10. 7021.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The board may enter into an interagency agreement with a state or local agency if the board believes the agency has information relevant to its public-protection priority in Section 7000.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7021. The board may enter into an interagency agreement with any other state or local agency the board deems to be in possession of any information relevant to its priority to protect the public described in Section 7000.6. (Added by Stats. 2016, Ch. 372, Sec. 1. (SB 465) Effective January 1, 2017.)
  11. 7025.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    This section defines several terms used in the contractors chapter, including “members of the personnel of record,” “person,” and “qualifying person/individual/qualifier.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7025. (a) “Members of the personnel of record” as used in this chapter means every person listed in the records of the registrar as then associated with a licensee. (b) “Person” as used in this chapter includes an individual, a firm, partnership, corporation, limited liability company, federally recognized tribe, association or other organization, or any combination thereof. (c) “Qualifying person,” “qualifying individual,” or “qualifier,” as used in this chapter, means a person who qualifies for a license pursuant to Section 7068. (Amended by Stats. 2024, Ch. 485, Sec. 3. (SB 1455) Effective January 1, 2025.)
  12. 7025.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    The board must license an eligible federally recognized tribe that applies under Section 7065 and is otherwise compliant with this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7025.1. (a) As used in this chapter, the following definitions apply: (1) “Federally recognized tribe” means a tribe located in this state and included on the list published in the Federal Register pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. Sec. 5131) and includes an entity controlled by and established for the benefit of one or more tribes. (2) “Participating tribe” means a federally recognized tribe that formally applies for licensure from the board pursuant to Section 7065. (b) The board shall license a federally recognized tribe that applies for licensure under Section 7065 and is otherwise compliant with the provisions of this chapter for the purpose of engaging in a business regulated by this chapter. (c) This chapter is not intended to infringe upon or diminish the existing rights, privileges, and immunities of federally recognized tribes as set forth in federal, state, or tribal law, or the jurisdiction of those participating tribes. (d) This chapter does not confer upon the board, registrar, or director any rights or authority to regulate any activity within the jurisdiction of a participating tribe. (Added by Stats. 2024, Ch. 485, Sec. 4. (SB 1455) Effective January 1, 2025.)
  13. 7026.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    This section defines “contractor” for this chapter and says it is the same as “builder.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7026. “Contractor,” for the purposes of this chapter, is synonymous with “builder” and, within the meaning of this chapter, a contractor is any person who undertakes to or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does himself or herself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, parking facility, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith, or the cleaning of grounds or structures in connection therewith, or the preparation and removal of roadway construction zones, lane closures, flagging, or traffic diversions, or the installation, repair, maintenance, or calibration of monitoring equipment for underground storage tanks, and whether or not the performance of work herein described involves the addition to, or fabrication into, any structure, project, development or improvement herein described of any material or article of merchandise. “Contractor” includes subcontractor and specialty contractor. “Roadway” includes, but is not limited to, public or city streets, highways, or any public conveyance. (Amended by Stats. 2001, Ch. 728, Sec. 53. Effective January 1, 2002.)
  14. 7026.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    This section defines who counts as a contractor and requires a contractor using a temporary labor service agency to give that agency the contractor’s license number.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7026.1. (a) The term “contractor” includes all of the following: (1) Any person not exempt under Section 7053 who maintains or services air-conditioning, heating, or refrigeration equipment that is a fixed part of the structure to which it is attached. (2) (A) Any person, consultant to an owner-builder, firm, association, organization, partnership, business trust, corporation, or company, who or which undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to construct any building or home improvement project, or part thereof. (B) For purposes of this paragraph, a consultant is a person, other than a public agency or an owner of privately owned real property to be improved, who meets either of the following criteria as it relates to work performed pursuant to a home improvement contract as defined in Section 7151.2: (i) Provides or oversees a bid for a construction project. (ii) Arranges for and sets up work schedules for contractors and subcontractors and maintains oversight of a construction project. (3) A temporary labor service agency that, as the employer, provides employees for the performance of work covered by this chapter. The provisions of this paragraph shall not apply if there is a properly licensed contractor who exercises supervision in accordance with Section 7068.1 and who is directly responsible for the final results of the work. Nothing in this paragraph shall require a qualifying individual, as provided in Section 7068, to be present during the supervision of work covered by this chapter. A contractor requesting the services of a temporary labor service agency shall provide his or her license number to that temporary labor service agency. (4) Any person not otherwise exempt by this chapter, who performs tree removal, tree pruning, stump removal, or engages in tree or limb cabling or guying. The term contractor does not include a person performing the activities of a nurseryperson who in the normal course of routine work performs incidental pruning of trees, or guying of planted trees and their limbs. The term contractor does not include a gardener who in the normal course of routine work performs incidental pruning of trees measuring less than 15 feet in height after planting. (5) Any person engaged in the business of drilling, digging, boring, or otherwise constructing, deepening, repairing, reperforating, or abandoning any water well, cathodic protection well, or monitoring well. (b) The term “contractor” or “consultant” does not include a common interest development manager, as defined in Section 11501, and a common interest development manager is not required to have a contractor’s license when performing management services, as defined in subdivision (d) of Section 11500. (Amended by Stats. 2013, Ch. 319, Sec. 6. (SB 822) Effective January 1, 2014.)
  15. 7026.11.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    The permitted scope of work for the General Manufactured Housing Contractor (C-47) classification includes manufactured homes, mobilehomes, and multifamily manufactured homes.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7026.11. Notwithstanding any other provision of law, the permissible scope of work for the General Manufactured Housing Contractor (C-47) license classification set forth in Section 832.47 of Division 8 of Title 16 of the California Code of Regulations shall include manufactured homes, as defined in Section 18007 of the Health and Safety Code, mobilehomes, as defined in Section 18008 of the Health and Safety Code, and multifamily manufactured homes, as defined in Section 18008.7 of the Health and Safety Code. (Added by Stats. 2007, Ch. 540, Sec. 1. Effective January 1, 2008.)
  16. 7026.12.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    Fire protection system installation generally may be done only by a qualified contractor or, in a limited owner-builder case, by an owner-builder meeting specific local approval and dwelling limits.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7026.12. Except as provided in Section 7026.13, the installation of a fire protection system, excluding an electrical alarm system, shall be performed only by either of the following: (a) A contractor holding a fire protection contractor classification, as defined in the regulations of the board. (b) An owner-builder of an owner-occupied, single-family dwelling, if not more than two single-family dwellings on the same parcel are constructed within one year, plans are submitted to, and approved by, the city, county, or city and county authority, and the city, county, or city and county authority inspects and approves the installation. (Amended by Stats. 2013, Ch. 377, Sec. 1. (AB 433) Effective January 1, 2014.)
  17. 7026.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    This section defines who counts as a “contractor” for this chapter in relation to mobilehomes and related structures.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7026.2. (a) For the purposes of this chapter, “contractor” includes any person engaged in the business of the construction, installation, alteration, repair, or preparation for moving of a mobilehome or mobilehome accessory buildings and structures upon a site for the purpose of occupancy as a dwelling. (b) “Contractor” does not include the manufacturer of the mobilehome or mobilehome accessory building or structure if it is constructed at a place other than the site upon which it is installed for the purpose of occupancy as a dwelling, and does not include the manufacturer when the manufacturer is solely performing work in compliance with the manufacturer’s warranty. “Contractor” includes the manufacturer if the manufacturer is engaged in onsite construction, alteration, or repair of a mobilehome or mobilehome accessory buildings and structures pursuant to specialized plans, specifications, or models, or any work other than in compliance with the manufacturer’s warranty. (c) “Contractor” does not include a seller of a manufactured home or mobilehome who holds a retail manufactured home or mobilehome dealer’s license under Chapter 7 (commencing with Section 18045) of Part 2 of Division 13 of the Health and Safety Code, if the installation of the manufactured home or mobilehome is to be performed by a licensed contractor and the seller certifies that fact in writing to the buyer prior to the performance of the installation. The certification shall include the name, business address, and contractor’s license number of the licensed contractor by whom the installation will be performed. (d) For the purposes of this chapter, the following terms have the following meanings: (1) “Mobilehome” means a vehicle defined in Section 18008 of the Health and Safety Code. (2) “Mobilehome accessory building or structure” means a building or structure defined in Section 18008.5 of the Health and Safety Code. (3) “Manufactured home” means a structure defined in Section 18007 of the Health and Safety Code. (Added by renumbering Section 7027 by Stats. 1991, Ch. 1160, Sec. 17.)
  18. 7026.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    For this chapter, carpet installers and people who contract for carpet installation are treated as “contractors.” A seller of installed carpet with a retail furniture dealer’s license does not need a contractor’s license if a licensed contractor does the installation and the seller gives the buyer written certification before installation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7026.3. For the purpose of this chapter, “contractor” includes any person who installs or contracts for the installation of carpet wherein the carpet is attached to the structure by any conventional method as determined by custom and usage in the trade; except that a seller of installed carpet who holds a retail furniture dealer’s license under Chapter 3 (commencing with Section 19000) of Division 8 shall not be required to have a contractor’s license if the installation of the carpet is performed by a licensed contractor and the seller so certifies in writing to the buyer prior to the performance of the installation, which certification shall include the name, business address, and contractor’s license number of the licensed contractor by whom the installation will be performed. (Repealed and added by Stats. 1991, Ch. 1160, Sec. 9.)
  19. 7027.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    If a person advertises or otherwise holds out as a contractor, or lists a business name in a qualifying construction directory or classified ad, that person is subject to this chapter even if the builder’s operations are otherwise exempt.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7027. Any person who advertises or puts out any sign or card or other device that would indicate to the public that he or she is a contractor, or who causes his or her name or business name to be included in a classified advertisement or directory under a classification for construction or work of improvement covered by this chapter is subject to the provisions of this chapter regardless of whether his or her operations as a builder are otherwise exempted. (Amended by Stats. 2011, Ch. 432, Sec. 8. (SB 944) Effective January 1, 2012.)
  20. 7027.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    A person may not advertise construction or improvement work covered by this chapter unless licensed in the advertised classification; licensed building or engineering contractors may advertise as general contractors.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7027.1. (a) It is a misdemeanor for any person to advertise for construction or work of improvement covered by this chapter unless that person holds a valid license under this chapter in the classification so advertised, except that a licensed building or engineering contractor may advertise as a general contractor. (b) “Advertise,” as used in this section, includes, but not by way of limitation, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing of any sign or marking on or in any building or structure, or in any newspaper, magazine, or by airwave or any electronic transmission, or in any directory under a listing for construction or work of improvement covered by this chapter, with or without any limiting qualifications. (c) A violation of this section is punishable by a fine of not less than seven hundred dollars ($700) and not more than one thousand dollars ($1,000), which fine shall be in addition to any other punishment imposed for a violation of this section. (d) If upon investigation, the registrar has probable cause to believe that an unlicensed individual is in violation of this section, the registrar may issue a citation pursuant to Section 7028.7 or 7099.10. (Amended by Stats. 1998, Ch. 599, Sec. 2. Effective January 1, 1999.)
  21. 7027.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    An unlicensed person may advertise construction work only if the project is under $1,000 and the advertisement says the person is not licensed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7027.2. Notwithstanding any other provision of this chapter, a person who is not licensed pursuant to this chapter may advertise for construction work or a work of improvement covered by this chapter only if the aggregate contract price for labor, material, and all other items on a project or undertaking is less than one thousand dollars ($1,000) and the person states in the advertisement that the person is not licensed under this chapter. (Amended by Stats. 2024, Ch. 240, Sec. 1. (AB 2622) Effective January 1, 2025.)
  22. 7027.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    A person may not willfully and intentionally use a contractor’s license number that does not match a currently valid license held by that person, if done with intent to defraud.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7027.3. Any person, licensed or unlicensed, who willfully and intentionally uses, with intent to defraud, a contractor’s license number that does not correspond to the number on a currently valid contractor’s license held by that person, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in state prison, or in county jail for not more than one year, or by both that fine and imprisonment. The penalty provided by this section is cumulative to the penalties available under all other laws of this state. If, upon investigation, the registrar has probable cause to believe that an unlicensed individual is in violation of this section, the registrar may issue a citation pursuant to Section 7028.7. (Amended by Stats. 2001, Ch. 728, Sec. 54. Effective January 1, 2002.)
  23. 7027.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Contractors may not advertise that they are insured or bonded unless the ad identifies the type of insurance or the bond type, but they may abbreviate the insurance title.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7027.4. (a) It is a cause for discipline for any contractor to advertise that he or she is “insured” or has insurance without identifying in the advertisement the type of insurance, including, for example, “commercial general liability insurance” or “workers’ compensation insurance” that is carried by the contractor. The contractor may abbreviate the title of the type of insurance. (b) It is cause for discipline for a contractor to advertise that he or she is “bonded” if the reference is to a contractor’s license bond required pursuant to Section 7071.6 or to a disciplinary bond required pursuant to Section 7071.8. (c) “Advertise,” as used in this section, includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing of any sign or marking on or in any building or structure or business vehicle or in any newspaper, magazine, or by airwave or any electronic transmission, or in any directory under a listing for construction or work of improvement covered by this chapter, for the direct or indirect purpose of performing or offering to perform services that require a contractor’s license. (Added by Stats. 2003, Ch. 607, Sec. 31. Effective January 1, 2004.)
  24. 7027.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    A landscape contractor with the right license classification may design certain systems and enter prime contracts for specified landscape-related construction, but only under stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7027.5. (a) A landscape contractor working within the classification for which the license is issued may design systems or facilities for work to be performed and supervised by that contractor. (b) Notwithstanding any other provision of this chapter, a landscape contractor working within the classification for which the license is issued may enter into a prime contract for the construction of any of the following: (1) A swimming pool, spa, or hot tub, provided that the improvements are included within the landscape project that the landscape contractor is supervising and the construction of any swimming pool, spa, or hot tub is subcontracted to a single licensed contractor holding a Swimming Pool (C-53) classification, as set forth in Section 832.53 of Title 16 of the California Code of Regulations, or performed by the landscape contractor if the landscape contractor also holds a Swimming Pool (C-53) classification. The contractor constructing the swimming pool, spa, or hot tub may subcontract with other appropriately licensed contractors for the completion of individual components of the construction. (2) An outdoor cooking center, provided that the improvements are included within a residential landscape project that the contractor is supervising. For purposes of this subdivision, “outdoor cooking center” means an unenclosed area within a landscape that is used for the cooking or preparation of food or beverages. (3) An outdoor fireplace, provided that it is included within a residential landscape project that the contractor is supervising and is not attached to a dwelling. (4) A rainwater capture system, as defined in Section 10573 of the Water Code, used exclusively for landscape irrigation or as a water supply for a fountain, pond, or similar decorative water feature in a landscaping project. (c) (1) Work performed in connection with a landscape project specified in paragraph (2), (3), or (4) of subdivision (b) that is outside of the field and scope of activities authorized to be performed under the Landscape Contractor (C-27) classification, as set forth in Section 832.27 of Title 16 of the California Code of Regulations, may only be performed by a landscape contractor if the landscape contractor also either holds an appropriate specialty license classification to perform the work or is licensed as a General Building contractor. If the landscape contractor neither holds an appropriate specialty license classification to perform the work nor is licensed as a General Building contractor, the work shall be performed by a Specialty contractor holding the appropriate license classification or by a General Building contractor performing work in accordance with the requirements of subdivision (b) of Section 7057. (2) Notwithstanding paragraph (1), a landscape contractor performing work under the Landscape Contractor (C-27) classification, as set forth in Section 832.27 of Title 16 of the California Code of Regulations, may design and install all exterior components of a rainwater capture system, as defined in Section 10573 of the Water Code, that are not a part of, or attached to, a structure. (d) A violation of this section shall be cause for disciplinary action. (e) Nothing in this section authorizes a landscape contractor to engage in or perform activities that require a license pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700)). (Amended by Stats. 2012, Ch. 537, Sec. 1. (AB 1750) Effective January 1, 2013.)
  25. 7028.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    A person may not act as a contractor in this state if unlicensed or operating under the specified suspended-license conditions, unless exempt.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028. (a) Unless exempted from this chapter, it is a misdemeanor for a person to engage in the business of, or act in the capacity of, a contractor within this state under either of the following conditions: (1) The person is not licensed in accordance with this chapter. (2) The person performs acts covered by this chapter under a license that is under suspension for failure to pay a civil penalty or to comply with an order of correction, pursuant to Section 7090.1, or for failure to resolve all outstanding final liabilities, pursuant to Section 7145.5. (b) A first conviction for the offense described in this section is punishable by a fine not exceeding five thousand dollars ($5,000) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (c) If a person has been previously convicted of the offense described in this section, unless the provisions of subdivision (d) are applicable, the court shall impose a fine of 20 percent of the contract price, or 20 percent of the aggregate payments made to, or at the direction of, the unlicensed person, or five thousand dollars ($5,000), whichever is greater, and, unless the sentence prescribed in subdivision (d) is imposed, the person shall be confined in a county jail for not less than 90 days, except in an unusual case where the interests of justice would be served by imposition of a lesser sentence or a fine. If the court imposes only a fine or a jail sentence of less than 90 days for second or subsequent convictions under this section, the court shall state the reasons for its sentencing choice on the record. (d) A third or subsequent conviction for the offense described in this section is punishable by a fine of not less than five thousand dollars ($5,000) nor more than the greater amount of ten thousand dollars ($10,000) or 20 percent of the contract price, or 20 percent of the aggregate payments made to, or at the direction of, the unlicensed person, and by imprisonment in a county jail for not more than one year or less than 90 days. The penalty provided by this subdivision is cumulative to the penalties available under all other laws of this state. (e) A person who violates this section is subject to the penalties prescribed in subdivision (d) if the person was named on a license that was previously revoked and, either in fact or under law, was held responsible for any act or omission resulting in the revocation. (f) If the unlicensed person engaging in the business of or acting in the capacity of a contractor has agreed to furnish materials and labor on an hourly basis, “the contract price” for the purposes of this section means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (g) Notwithstanding any other law, an indictment for any violation of this section by an unlicensed person shall be found, or information or a complaint shall be filed, within four years from the date of the contract proposal, contract, completion, or abandonment of the work, whichever occurs last. (h) For any conviction under this section, a person who utilized the services of the unlicensed person is a victim of crime and is eligible, pursuant to subdivision (f) of Section 1202.4 of the Penal Code, for restitution for economic losses, regardless of whether he or she had knowledge that the person was unlicensed. (i) The changes made to this section by the act adding this subdivision are declaratory of existing law. (Amended by Stats. 2014, Ch. 392, Sec. 3. (SB 315) Effective January 1, 2015.)
  26. 7028.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    Contractors may not do certain asbestos or underground storage tank work without the required certification, and violations are misdemeanors with fines and possible license action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028.1. It is a misdemeanor for any contractor, whether licensed or unlicensed, to perform or engage in asbestos-related work, as defined in Section 6501.8 of the Labor Code, without certification pursuant to Section 7058.5 of this code, or to perform or engage in a removal or remedial action, as defined in subdivision (d) of Section 7058.7, or, unless otherwise exempted by this chapter, to bid for the installation or removal of, or to install or remove, an underground storage tank, without certification pursuant to Section 7058.7. A contractor in violation of this section is subject to one of the following penalties: (a) Conviction of a first offense is punishable by a fine of not less than one thousand dollars ($1,000) or more than three thousand dollars ($3,000), and by possible revocation or suspension of any contractor’s license. (b) Conviction of a subsequent offense requires a fine of not less than three thousand dollars ($3,000) or more than five thousand dollars ($5,000), or imprisonment in the county jail not exceeding one year, or both the fine and imprisonment, and a mandatory action to suspend or revoke any contractor’s license. (Amended by Stats. 2004, Ch. 865, Sec. 7. Effective January 1, 2005.)
  27. 7028.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    A person served with a citation under Section 7028.7 may appeal to the registrar within 15 working days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028.10. Any person served with a citation under Section 7028.7 may appeal to the registrar within 15 working days after service of the citation with respect to violations alleged, scope of the order of abatement, or amount of civil penalty assessed. (Amended by Stats. 1985, Ch. 1281, Sec. 1.)
  28. 7028.11.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    If a cited person wants to appeal, they must notify the registrar within 15 working days after service of the citation, unless the registrar extends the period for good cause.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028.11. If within 15 working days after service of the citation, the person cited fails to notify the registrar that he or she intends to appeal the citation, the citation shall be deemed a final order of the registrar and not subject to review by any court or agency. The 15-day period may be extended by the registrar for good cause. (Amended by Stats. 1985, Ch. 1281, Sec. 2.)
  29. 7028.12.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    If a cited person timely contests the citation, the registrar must provide a hearing and then issue a fact-based decision.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028.12. If the person cited under Section 7028.7 timely notifies the registrar that he or she intends to contest the citation, the registrar shall afford an opportunity for a hearing. The registrar shall thereafter issue a decision, based on findings of fact, affirming, modifying, or vacating the citation or directing other appropriate relief. The proceedings under this section shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the registrar shall have all the powers granted therein. (Added by Stats. 1981, Ch. 1124, Sec. 7.)
  30. 7028.13.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    After review procedures are exhausted, the registrar may seek court judgment and can delegate civil-penalty collection, but may not delegate or assign the abatement order.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028.13. (a) After the exhaustion of the review procedures provided for in Sections 7028.10 to 7028.12, inclusive, the registrar may apply to the appropriate superior court for a judgment in the amount of the civil penalty and an order compelling the cited person to comply with the order of abatement. The application, which shall include a certified copy of the final order of the registrar, shall constitute a sufficient showing to warrant the issuance of the judgment and order. If the cited person did not appeal the citation, a certified copy of the citation and proof of service, and a certification that the person cited is not or was not a licensed contractor or applicant for a license at the time of issuance of the citation, shall constitute a sufficient showing to warrant the issuance of the judgment and order. (b) Notwithstanding any other provision of law, the registrar may delegate the collection of the civil penalty for any citation issued to any person or entity legally authorized to engage in collections. Costs of collection shall be borne by the person cited. The registrar shall not delegate the authority to enforce the order of abatement. (c) Notwithstanding any other provision of law, the registrar shall have the authority to assign the rights to the civil penalty, or a portion thereof, for adequate consideration. The assignee and the registrar shall have all the rights afforded under the ordinary laws of assignment of rights and delegation of duties. The registrar shall not assign the order of abatement. The assignee may apply to the appropriate superior court for a judgment based upon the assigned rights upon the same evidentiary showing as set forth in subdivision (a). (d) Notwithstanding any other provision of law, including subdivisions (a) and (b) of Section 340 of the Code of Civil Procedure, the registrar or his or her designee or assignee shall have four years from the date of the final order to collect civil penalties except that the registrar or his or her designee or assignee shall have 10 years from the date of the judgment to enforce civil penalties on citations that have been converted to judgments through the process described in subdivisions (a) and (c). (Amended by Stats. 2005, Ch. 280, Sec. 2. Effective January 1, 2006.)
  31. 7028.14.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    The registrar may waive part of a civil penalty if the person completes all license requirements and gets a contractor’s license; any outstanding public injury must be settled first.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028.14. Notwithstanding any other provision of the law, the registrar may waive part of the civil penalty if the person against whom the civil penalty is assessed satisfactorily completes all the requirements for, and is issued, a contractor’s license. Any outstanding injury to the public shall be satisfactorily settled prior to issuance of the license. (Added by Stats. 1989, Ch. 1174, Sec. 1.)
  32. 7028.15.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    Submitting a bid to act as an unlicensed contractor is a misdemeanor, with listed exceptions; public agencies must reject nonresponsive bids, and local public agencies must verify licensing before award unless an exception applies.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028.15. (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20103.5 of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. (Amended by Stats. 1992, Ch. 294, Sec. 1. Effective January 1, 1993.)
  33. 7028.16.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    An unlicensed person may not act as a contractor for disaster-related repairs or improvements covered by this section.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028.16. A person who engages in the business or acts in the capacity of a contractor, without having a license therefor, in connection with the offer or performance of repairs or improvements to a residential or nonresidential structure or property, or by adding to, or subtracting from, grounds in connection therewith, for damage or destruction caused by a natural disaster for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code, or for which an emergency or major disaster is declared by the President of the United States, shall be punished by a fine up to ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or for two or three years, or by both that fine and imprisonment, or by a fine up to one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. In addition, a person who utilized the services of the unlicensed contractor is a victim of crime regardless of whether that person had knowledge that the contractor was unlicensed. (Amended by Stats. 2020, Ch. 364, Sec. 1. (SB 1189) Effective January 1, 2021.)
  34. 7028.17.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    An unlicensed individual who fails to comply with a final citation commits a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028.17. (a) The failure of an unlicensed individual to comply with a citation after it is final is a misdemeanor. (b) Notwithstanding Section 1462.5 or 1463 of the Penal Code or any other provision of law, any fine collected upon conviction in a criminal action brought under this section shall be distributed as follows: (1) If the action is brought by a district attorney, any fine collected shall be paid to the treasurer of the county in which the judgment was entered to be designated for use by the district attorney. (2) If the action is brought by a city attorney or city prosecutor, any fine collected shall be paid to the treasurer of the city in which the judgment was entered, to be designated for use by the city attorney. (Added by renumbering Section 7099.85 by Stats. 1991, Ch. 1160, Sec. 30.)
  35. 7028.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Certain prosecutors may bring a criminal complaint under this chapter, and any court penalty must be paid to the prosecutor’s office that brought the complaint.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028.2. A criminal complaint pursuant to this chapter may be brought by the Attorney General or by the district attorney or prosecuting attorney of any city, in any county in the state with jurisdiction over the contractor or employer, by reason of the contractor’s or employer’s act, or failure to act, within that jurisdiction. Any penalty assessed by the court shall be paid to the office of the prosecutor bringing the complaint. (Amended by Stats. 1998, Ch. 931, Sec. 8. Effective September 28, 1998.)
  36. 7028.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    The registrar may seek an injunction against certain chapter violations, including unlicensed contracting, and the court must grant relief upon a proper showing.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028.3. In addition to all other remedies, when it appears to the registrar, either upon complaint or otherwise, that a licensee has engaged in, or is engaging in, any act, practice, or transaction which constitutes a violation of this chapter whereby another person may be substantially injured, or that any person, who does not hold a state contractor’s license in any classification, has engaged in, or is engaging in, any act, practice, or transaction which constitutes a violation of this chapter, whether or not there is substantial injury, the registrar may, either through the Attorney General or through the district attorney of the county in which the act, practice, or transaction is alleged to have been committed, apply to the superior court of that county or any other county in which such person maintains a place of business or resides, for an injunction restraining such person from acting in the capacity of a contractor without a license in violation of this chapter, or from acting in violation of this chapter when another person may be substantially injured, and, upon a proper showing, a temporary restraining order, a preliminary injunction, or a permanent injunction shall be granted. (Amended by Stats. 1982, Ch. 517, Sec. 17.)
  37. 7028.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    A court must issue an injunction, on proper showing by specified parties, to stop a continuing violation by an unlicensed contractor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028.4. In addition to the remedies set forth in Section 7028.3, on proper showing by (1) a licensed contractor, or an association of contractors, (2) a consumer affected by the violation, (3) a district attorney, or (4) the Attorney General, of a continuing violation of this chapter by a person who does not hold a state contractor’s license in any classification, an injunction shall issue by a court specified in Section 7028.3 at the request of any such party, prohibiting such violation. The plaintiff in any such action shall not be required to prove irreparable injury. (Amended by Stats. 1971, Ch. 442.)
  38. 7028.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    Certain people connected to a licensed business may not act as a contractor in California without a license in good standing.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028.5. It is unlawful for a person who is or has been a partner, officer, director, manager, responsible managing employee, responsible managing member, responsible managing manager, or responsible managing officer of, or an individual who is listed in the personnel of record of, a licensed partnership, corporation, limited liability company, firm, association or other organization to individually engage in the business or individually act in the capacity of a contractor within this state without having a license in good standing to so engage or act. (Amended by Stats. 2010, Ch. 698, Sec. 3. (SB 392) Effective January 1, 2011.)
  39. 7028.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    The Registrar of Contractors may issue citations with abatement orders and civil penalties against unlicensed contractors.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028.6. The Registrar of Contractors is hereby empowered to issue citations containing orders of abatement and civil penalties against persons acting in the capacity of or engaging in the business of a contractor within this state without having a license in good standing to so act or engage. (Amended by Stats. 2010, Ch. 415, Sec. 17. (SB 1491) Effective January 1, 2011.)
  40. 7028.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A citation issued under Section 7028.7 may be served by certified mail to the cited person’s last known business or residence address.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028.8. Service of a citation issued under Section 7028.7 may be made by certified mail at the last known business address or residence address of the person cited. (Added by Stats. 1981, Ch. 1124, Sec. 3.)
  41. 7028.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    The registrar must issue a citation under Section 7028.7 within the stated time limits.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7028.9. A citation under Section 7028.7 shall be issued by the registrar within four years after the act or omission that is the basis for the citation or within 18 months after the date of the filing of the complaint with the registrar, whichever is later. (Amended by Stats. 2010, Ch. 415, Sec. 19. (SB 1491) Effective January 1, 2011.)
  42. 7029.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    A joint venture license may be issued if at least one entity is licensed, and it is automatically suspended if any member loses a current active license in good standing.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7029. A joint venture license is a license issued to any combination of individuals, corporations, limited liability companies, partnerships, or other joint ventures, each of which holds a current, active license in good standing. A joint venture license may be issued in any classification in which at least one of the entities is licensed. An active joint venture license shall be automatically suspended by operation of law during any period in which any member of the entity does not hold a current, active license in good standing. (Amended by Stats. 2010, Ch. 698, Sec. 4. (SB 392) Effective January 1, 2011.)
  43. 7029.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Certain licensed contractors may jointly bid before getting a joint venture license, but they cannot be awarded a joint contract or act as a contractor jointly without first securing that license, except as this section provides.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7029.1. (a) Except as provided in this section, it is unlawful for any two or more licensees, each of whom has been issued a license to act separately in the capacity of a contractor within this state, to be awarded a contract jointly or otherwise act as a contractor without first having secured a joint venture license in accordance with the provisions of this chapter. (b) Prior to obtaining a joint venture license, contractors licensed in accordance with this chapter may jointly bid for the performance of work covered by this section. If a combination of licensees submit a bid for the performance of work for which a joint venture license is required, a failure to obtain that license shall not prevent the imposition of any penalty specified by law for the failure of a contractor who submits a bid to enter into a contract pursuant to the bid. (c) A violation of this section constitutes a cause for disciplinary action. (Amended by Stats. 2003, Ch. 607, Sec. 32. Effective January 1, 2004.)
  44. 7029.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Certain licensed plumbing, sign, and well-drilling contractors must display their name, business address, and license number on qualifying business vehicles and drill rigs.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7029.5. Every C-36 plumbing contractor, C-45 sign contractor, and C-57 well-drilling contractor licensed under this chapter shall have displayed on each side of each motor vehicle used in his or her business, for which a commercial vehicle registration fee has been paid pursuant to Article 3 (commencing with Section 9400) of Chapter 6 of Division 3 of the Vehicle Code, his or her name, permanent business address, and contractor’s license number, all in letters and numerals not less than 11/2 inches high. The identification requirements of this section shall also apply to any drill rig used for the drilling of water wells. Failure to comply with this section constitutes a cause for disciplinary action. (Amended by Stats. 2011, Ch. 432, Sec. 9. (SB 944) Effective January 1, 2012.)
  45. 7029.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Most licensed contractors must display their business name and contractor license number on each qualifying work vehicle, in a clearly visible spot and large enough to meet the stated size requirement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7029.6. Except for contractors identified in Section 7029.5, every contractor licensed under this chapter shall have displayed, in or on each motor vehicle used in his or her construction business, for which a commercial vehicle registration fee has been paid pursuant to Article 3 (commencing with Section 9400) of Chapter 6 of Division 3 of the Vehicle Code, his or her business name and contractors’ license number in a clearly visible location in print type of at least 72-point font or three-quarters of an inch in height and width. (Added by Stats. 2003, Ch. 118, Sec. 1. Effective January 1, 2004.)
  46. 703.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 9. Inactive License [700 - 704] ( Article 9 added by Stats. 1977, Ch. 410. )

    Verify source ↗

    Inactive healing arts licenses or certificates must be renewed on the same schedule as active ones, and the holder does not have to meet continuing education renewal requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 9. Inactive License [700 - 704] ( Article 9 added by Stats. 1977, Ch. 410. ) ## 703. (a) An inactive healing arts license or certificate issued pursuant to this article shall be renewed during the same time period at which an active license or certificate is renewed. In order to renew a license or certificate issued pursuant to this article, the holder thereof need not comply with any continuing education requirement for renewal of an active license or certificate. (b) The renewal fee for a license or certificate in an active status shall apply also for renewal of a license or certificate in an inactive status, unless a lower fee has been established by the issuing board. (Amended by Stats. 2018, Ch. 249, Sec. 3. (AB 1659) Effective January 1, 2019.)
  47. 7030.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Licensed contractors must include a required notice in contracts, with different wording and font size rules for certain contract types, and failure to do so can lead to disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7030. (a) Except for contractors writing home improvement contracts pursuant to Section 7151.2 and contractors writing service and repair contracts pursuant to Section 7159.10, every person licensed pursuant to this chapter shall include the following statement in at least 10-point type on all written contracts with respect to which the person is a prime contractor: “Contractors are required by law to be licensed and regulated by the Contractors State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board, P.O. Box 26000, Sacramento, CA 95826.” (b) Every person licensed pursuant to this chapter shall include the following statement in at least 12-point type in all home improvement contracts written pursuant to Section 7151.2 and service and repair contracts written pursuant to Section 7159.10: “Information about the Contractors State License Board (CSLB): CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions and civil judgments that are reported to CSLB. Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees. For more information: Visit CSLB’s internet website at www.cslb.ca.gov Call CSLB at 800-321-CSLB (2752) Write CSLB at P.O. Box 26000, Sacramento, CA 95826.” (c) Failure to comply with the notice requirements set forth in subdivision (a) or (b) of this section is cause for disciplinary action. (Amended by Stats. 2020, Ch. 312, Sec. 55. (SB 1474) Effective January 1, 2021.)
  48. 7030.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Some contractors must disclose certain recent disciplinary license suspensions or revocations before entering a residential contract.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7030.1. (a) A contractor, who has his or her license suspended or revoked two or more times within an eight-year period, shall disclose either in capital letters in 10-point roman boldface type or in contrasting red print in at least 8-point roman boldface type, in a document provided prior to entering into a contract to perform work on residential property with four or fewer units, any disciplinary license suspension, or license revocation during the last eight years resulting from any violation of this chapter by the contractor, whether or not the suspension or revocation was stayed. (b) The disclosure notice required by this section may be provided in a bid, estimate, or other document prior to entering into a contract. (c) A violation of this section is subject to the following penalties: (1) A penalty of one thousand dollars ($1,000) shall be assessed for the first violation. (2) A penalty of two thousand five hundred dollars ($2,500) shall be assessed for the second violation. (3) A penalty of five thousand dollars ($5,000) shall be assessed for a third violation in addition to a one-year suspension of license by operation of law. (4) A fourth violation shall result in the revocation of license in accordance with this chapter. (Added by Stats. 1996, Ch. 282, Sec. 3. Effective January 1, 1997.)
  49. 7030.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Licensed contractors must include their license number in construction contracts, subcontracts and calls for bid, and in advertising as prescribed by the registrar of contractors.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7030.5. Every person licensed pursuant to this chapter shall include his license number in: (a) all construction contracts; (b) subcontracts and calls for bid; and (c) all forms of advertising, as prescribed by the registrar of contractors, used by such a person. (Amended by Stats. 1973, Ch. 153.)
  50. 7031.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A contractor who sues to collect payment for licensed work must allege that they were properly licensed throughout the work period, with some exceptions. The section also lets a customer seek repayment from an unlicensed contractor and makes certain security interests unenforceable.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7031. (a) Except as provided in subdivision (e), no person engaged in the business or acting in the capacity of a contractor, may bring or maintain any action, or recover in law or equity in any action, in any court of this state for the collection of compensation for the performance of any act or contract where a license is required by this chapter without alleging that they were a duly licensed contractor at all times during the performance of that act or contract regardless of the merits of the cause of action brought by the person, except that this prohibition shall not apply to contractors who are each individually licensed under this chapter but who fail to comply with Section 7029. (b) Except as provided in subdivision (e), a person who utilizes the services of an unlicensed contractor may bring an action in any court of competent jurisdiction in this state to recover all compensation paid to the unlicensed contractor for performance of any act or contract. (c) A security interest taken to secure any payment for the performance of any act or contract for which a license is required by this chapter is unenforceable if the person performing the act or contract was not a duly licensed contractor at all times during the performance of the act or contract. (d) If licensure or proper licensure is controverted, then proof of licensure pursuant to this section shall be made by production of a verified certificate of licensure from the Contractors State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision shall require any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure shall be on the licensee. (e) The judicial doctrine of substantial compliance shall not apply under this section where the person who engaged in the business or acted in the capacity of a contractor has never been a duly licensed contractor in this state. However, notwithstanding subdivision (b) of Section 143, the court may determine that there has been substantial compliance with licensure requirements under this section if it is shown at an evidentiary hearing that the person who engaged in the business or acted in the capacity of a contractor (1) had been duly licensed as a contractor in this state prior to the performance of the act or contract, (2) acted reasonably and in good faith to maintain proper licensure, and (3) acted promptly and in good faith to remedy the failure to comply with the licensure requirements upon learning of the failure. (f) The exceptions to the prohibition against the application of the judicial doctrine of substantial compliance found in subdivision (e) shall apply to all contracts entered into on or after January 1, 1992, and to all actions or arbitrations arising therefrom, except that the amendments to subdivisions (e) and (f) enacted during the 1994 portion of the 1993–94 Regular Session of the Legislature shall not apply to either of the following: (1) Any legal action or arbitration commenced prior to January 1, 1995, regardless of the date on which the parties entered into the contract. (2) Any legal action or arbitration commenced on or after January 1, 1995, if the legal action or arbitration was commenced prior to January 1, 1995, and was subsequently dismissed. (Amended by Stats. 2020, Ch. 312, Sec. 56. (SB 1474) Effective January 1, 2021.)
  51. 7031.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Counties and cities that require certain building permits must require applicants to file a signed statement about licensing or exemption, and violations can lead to a civil penalty of up to $500.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7031.5. Each county or city which requires the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition or repair of any building or structure shall also require that each applicant for such a permit file as a condition precedent to the issuance of a permit a statement which he has prepared and signed stating that the applicant is licensed under the provisions of this chapter, giving the number of the license and stating that it is in full force and effect, or, if the applicant is exempt from the provisions of this chapter, the basis for the alleged exemption. Any violation of this section by any applicant for a permit shall be subject to a civil penalty of not more than five hundred dollars ($500). (Amended by Stats. 1977, Ch. 1052.)
  52. 7032.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Cities and counties may regulate contractor installations and use permit/inspection systems, but they may not regulate the qualifications needed to do contracting.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7032. Nothing in this chapter shall limit the power of a city or county to regulate the quality and character of installations made by contractors through a system of permits and inspections which are designed to secure compliance with and aid in the enforcement of applicable state and local building laws, or to enforce other local laws necessary for the protection of the public health and safety. Nothing in this chapter shall limit the power of a city or county to adopt any system of permits requiring submission to and approval by the city or county of plans and specifications for an installation prior to the commencement of construction of the installation. Cities or counties may direct complaints to the registrar against licensees based upon determinations by city or county enforcement officers of violations by such licensees of codes the enforcement of which is the responsibility of the complaining city or county. Such complaints shall to the extent determined to be necessary by the registrar be given priority in processing over other complaints. Nothing contained in this section shall be construed as authorizing a city or county to enact regulations relating to the qualifications necessary to engage in the business of contracting. (Amended by Stats. 1961, Ch. 198.)
  53. 7033.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Cities and city and counties that require a business license for regulated businesses must require licensees and renewal applicants to keep on file a signed statement that they are licensed under this chapter and that the license is in force, or proof of exemption if exempt.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7033. Every city or city and county which requires the issuance of a business license as a condition precedent to engaging, within the city or city and county, in a business which is subject to regulation under this chapter, shall require that each licensee and each applicant for issuance or renewal of such license shall file, or have on file, with such city or city and county, a signed statement that such licensee or applicant is licensed under the provisions of this chapter and stating that the license is in full force and effect, or, if such licensee or applicant is exempt from the provisions of this chapter, he shall furnish proof of the facts which entitle him to such exemption. (Added by Stats. 1965, Ch. 1082.)
  54. 7034.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Licensed contractors may not include certain void contract terms or demand lien-rights waivers in violation of the Civil Code.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7034. (a) No contractor that is required to be licensed under this chapter shall insert in any contract, or be a party, with a subcontractor that is licensed under this chapter to any contract which contains a provision, clause, covenant, or agreement which is void or unenforceable under Section 2782 of the Civil Code. (b) No contractor that is required to be licensed under this chapter shall require a waiver of lien rights from any subcontractor, employee, or supplier in violation of Section 8122 of the Civil Code. (Amended by Stats. 2010, Ch. 697, Sec. 1. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  55. 7035.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A specialty contractor generally may not contract with more than one subcontractor in the same license classification on the same project, unless one of the listed exceptions applies.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7035. (a) A specialty contractor shall not enter into a contract for the performance of work on the same single project or undertaking with more than one subcontractor in the same license classification as the specialty contractor offering the contract, unless either of the following requirements are satisfied: (1) The subcontractor employs persons who are classified as employees to perform work in that license classification on the single project or undertaking. (2) The specialty contractor is a signatory to a bona fide collective bargaining agreement that covers the type of work being performed on the single project or undertaking and addresses the issue of subcontracting or subletting. (b) A violation of subdivision (a) shall constitute a cause for disciplinary action. (c) For purposes of this section, the following definitions shall apply: (1) “Employs persons who are classified as employees” means the subcontractor classifies the individuals as employees rather than as independent contractors for purposes of the Labor Code. (2) “Specialty contractor” has the same meaning as in Section 7058. (Added by Stats. 2023, Ch. 568, Sec. 1. (AB 1204) Effective January 1, 2024.)
  56. 7036.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

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    The Attorney General may seek civil discipline against a contractor’s license for certain wage-related violations, after giving the registrar at least 30 days’ notice.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. ) ## 7036. (a) Notwithstanding any other provision of this chapter, the Attorney General may bring a civil action to impose discipline upon, to deny an application for, or to deny continued maintenance of, a contractor’s license. The civil action shall be brought on the grounds that a person has failed to pay its workers the full amount of wages that the workers are entitled to under state law, has not fulfilled a wage judgment, or is in violation of an injunction or court order regarding the payment of wages to its workers. (b) The Attorney General shall notify the registrar at least 30 days prior to filing a civil complaint pursuant to subdivision (a). The Attorney General’s failure to provide this notice shall not constitute a defense to the action. (c) The board may intervene in any court proceedings brought pursuant to this section within 60 days of the filing of the initial complaint. After that time, intervention shall be by leave of court upon good cause shown. If the board elects not to intervene, the election shall be deemed consent by the board to comply with any order of the court issued pursuant to subdivision (d) and to be subject to the court’s jurisdiction to enforce the order, if necessary. No action or inaction under this section shall preclude the registrar from independently or concurrently proceeding administratively against the contractor’s license and obtaining administrative remedies for any violations not alleged in the Attorney General’s complaint, whether or not the board has intervened. (d) Upon the Attorney General establishing the cause of action described in subdivision (a), the following shall apply: (1) The relief granted shall be in the form of an order by the court directing the registrar to exercise its authority to suspend or revoke, to deny an application for, or to deny the continued maintenance of, a contractor’s license under terms specified by the court. In granting the relief, the court may consider both the severity and the form of relief imposed by the registrar in disciplinary actions taken by the registrar, making reasonable efforts to conform to the court’s order. (2) Any order for suspension, revocation, or application denial pursuant to this section shall be considered disciplinary action within the meaning of Section 7071.8 and legal action within the meaning of Section 7124.6, and, unless the court orders otherwise, the registrar shall determine the length of time prior to license reinstatement or reissuance pursuant to Section 7102, except that a license denied under this section is subject to the period prescribed in subdivision (a) of Section 486. (e) Nothing in this section shall preclude or require the board to investigate a license for violations of this chapter pursuant to Sections 7011.7 and 7090 or require the board to afford notice or a hearing under the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (f) A good faith mistake regarding which wage rate applies to a particular category of work, including, but not limited to, for purposes of payment of prevailing wages, shall not constitute a violation under this section. (Added by Stats. 2025, Ch. 567, Sec. 1. (AB 1002) Effective January 1, 2026.)
  57. 704.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 9. Inactive License [700 - 704] ( Article 9 added by Stats. 1977, Ch. 410. )

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    An inactive license or certificate holder must meet the listed requirements to restore the license to active status, including paying the renewal fee and, if required by the board, completing continuing education.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 9. Inactive License [700 - 704] ( Article 9 added by Stats. 1977, Ch. 410. ) ## 704. In order for the holder of an inactive license or certificate issued pursuant to this article to restore his or her license or certificate to an active status, the holder of an inactive license or certificate shall comply with all the following: (a) Pay the renewal fee; provided, that the renewal fee shall be waived for a physician and surgeon who certifies to the Medical Board of California that license restoration is for the sole purpose of providing voluntary, unpaid service to a public agency, not-for-profit agency, institution, or corporation which provides medical services to indigent patients in medically underserved or critical-need population areas of the state. (b) If the board requires completion of continuing education for renewers of an active license or certificate, complete continuing education equivalent to that required for a single license renewal period. (Amended by Stats. 1999, Ch. 631, Sec. 2. Effective January 1, 2000.)
  58. 7040.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

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    This chapter does not apply to certain government, tribal, and local public entities or their authorized representatives when they act within official capacity.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7040. (a) This chapter does not apply to an authorized representative of the United States government, the State of California, any federally recognized tribe or participating tribe acting within tribal jurisdiction, or any incorporated town, city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state when the entity or its representative is acting within the scope of the entity’s or representative’s official capacity. (b) Nothing in this section authorizes the entity or its authorized representative thereof either to enter into or authorize a contract with an unlicensed contractor for work that is required by this chapter to be performed by a licensed contractor. (Amended by Stats. 2024, Ch. 485, Sec. 5. (SB 1455) Effective January 1, 2025.)
  59. 7041.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

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    This chapter does not apply to officers of a court when they are acting within the scope of their office.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7041. This chapter does not apply to officers of a court when they are acting within the scope of their office. (Added by Stats. 1939, Ch. 37.)
  60. 7042.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

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    This chapter does not apply to certain public utilities when they are doing construction, maintenance, or development work incidental to their own business and are regulated by the State Railroad Commission.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7042. This chapter does not apply to public utilities operating under the regulation of the State Railroad Commission on construction, maintenance and development work incidental to their own business. (Added by Stats. 1939, Ch. 37.)
  61. 7042.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Utility corporations and certain subsidiaries generally may not do contractor-license work unless one of the listed exceptions applies.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7042.1. (a) Notwithstanding any other provisions of this chapter, gas, heat, or electrical corporations and their subsidiaries that are regulated as public utilities by the Public Utilities Commission shall not conduct work for which a contractor’s license is required, except under any one or more of the following conditions: (1) The work is performed upon the gas, heat, or electrical corporation’s properties. (2) The work is performed through a contract with a contractor or contractors licensed pursuant to this chapter or the work is performed for low-income citizens pursuant to a program authorized by order of the Public Utilities Commission. (3) The work is undertaken by the gas, heat, or electrical corporation in furtherance of the generation, transmission, or distribution of electricity, gas, or steam, whether within or without the service area of the corporation, if any work performed within a structure and beyond a customer’s utility meter is necessary to protect the public safety or to avoid interruption of service. (4) The work is otherwise exempt from the provisions of this chapter. (5) The work is performed to comply with programs or procedures ordered or authorized by the Public Utilities Commission not inconsistent with the objectives expressed in Chapter 984 of the Statutes of 1983. (b) For the purposes of this section, the following terms have the following meanings: (1) “Gas, heat, or electrical corporation properties” means properties which a gas, heat, or electrical corporation owns or leases, or over which it has been granted an easement for utility purposes, or facilities which a gas, heat, or electrical corporation owns or operates for utility purposes. (2) “Subsidiaries” means subsidiaries of a gas, heat, or electrical corporation regulated as public utilities by the Public Utilities Commission which carry out activities solely for utility purposes. (c) It is the intention of the Legislature in enacting this section that public utility regulations be clearly based on the principle that the energy conservation industry should be allowed to develop in a competitive manner, as declared in Chapter 984 of the Statutes of 1983. (Amended by Stats. 1989, Ch. 29, Sec. 1.)
  62. 7042.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

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    This chapter does not apply to certain public utilities and cable television corporation activities, except for some underground trenching by cable television corporations in public streets.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7042.5. This chapter does not apply to public utilities operating under the regulation of the Public Utilities Commission on construction, maintenance, and development work incidental to their own business, or to those activities of a cable television corporation subject to regulation pursuant to Section 768.5 of the Public Utilities Code, except underground trenching by a cable television corporation within the public streets, other than that necessary solely for the connection of its distribution system to, or within the properties of, subscribers or potential subscribers. As used in this section, a cable television corporation is a corporation or person that transmits television programs by cable to subscribers for a fee. (Amended by Stats. 1984, Ch. 945, Sec. 1.)
  63. 7043.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This chapter does not apply to certain petroleum- or gas-related construction, repair, or well operations when performed by an owner or lessee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7043. This chapter does not apply to any construction, repair or operation incidental to the discovering or producing of petroleum or gas, or the drilling, testing, abandoning or other operation of any petroleum or gas well, when performed by an owner or lessee. (Added by Stats. 1939, Ch. 37.)
  64. 7044.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This section says the contractors chapter does not apply to certain owner-builders, homeowners, and a nonprofit corporation, if stated conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7044. (a) This chapter does not apply to any of the following: (1) An owner who builds or improves a structure on his or her property, provided that both of the following conditions are met: (A) None of the improvements are intended or offered for sale. (B) The property owner personally performs all of the work or any work not performed by the owner is performed by the owner’s employees with wages as their sole compensation. (2) An owner who builds or improves a structure on his or her property, provided that both of the following conditions are met: (A) The owner directly contracts with licensees who are duly licensed to contract for the work of the respective trades involved in completing the project. (B) For projects involving single-family residential structures, no more than four of these structures are intended or offered for sale in a calendar year. This subparagraph shall not apply if the owner contracts with a general contractor for the construction. (3) A homeowner improving his or her principal place of residence or appurtenances thereto, provided that all of the following conditions exist: (A) The work is performed prior to sale. (B) The homeowner has actually resided in the residence for the 12 months prior to completion of the work. (C) The homeowner has not availed himself or herself of the exemption in this paragraph on more than two structures more than once during any three-year period. (4) A nonprofit corporation providing assistance to an owner-builder, as defined in subdivision (a) of Section 50692 of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section 50078 of the Health and Safety Code. (b) In all actions brought under this chapter, both of the following shall apply: (1) Except as provided in paragraph (2), proof of the sale or offering for sale of a structure by or for the owner-builder within one year after completion of the structure constitutes a rebuttable presumption affecting the burden of proof that the structure was undertaken for purposes of sale. (2) Proof of the sale or offering for sale of five or more structures by the owner-builder within one year after completion constitutes a conclusive presumption that the structures were undertaken for purposes of sale. (Amended by Stats. 2016, Ch. 714, Sec. 1. (SB 944) Effective January 1, 2017.)
  65. 7044.01.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Certain listed parties may seek an injunction against violations by an unlicensed, non-exempt owner-builder, and the plaintiff need not prove irreparable injury.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7044.01. In addition to all other remedies, any licensed contractor or association of contractors, labor organization, consumer affected by the violation, district attorney, or the Attorney General shall be entitled to seek injunctive relief prohibiting any violation of this chapter by an owner-builder who is neither licensed nor exempted from licensure under this chapter. The plaintiff in that action shall not be required to prove irreparable injury and shall be entitled to attorney’s fees and all costs incurred in the prosecution of the action, provided the plaintiff is the prevailing party. The defendant in that action shall be entitled to attorney’s fees and all costs incurred in the defense against the action, provided the defendant is the prevailing party. (Added by Stats. 2009, Ch. 307, Sec. 71. (SB 821) Effective January 1, 2010.)
  66. 7044.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This chapter does not apply to a real estate licensee acting within the scope of the Real Estate Law, but it does not authorize a real estate licensee or property manager to act as a contractor unless licensed by the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7044.1. This chapter does not apply to a real estate licensee acting within the course and scope of his or her license pursuant to the Real Estate Law (Part 1 (commencing with Section 10000) of Division 4). However, nothing in this section shall authorize a real estate licensee or a property manager to act in the capacity of a contractor unless licensed by the board. (Added by Stats. 1994, Ch. 361, Sec. 1. Effective January 1, 1995.)
  67. 7044.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This chapter does not apply to an admitted surety insurer in the stated bond-completion situation, if all actual construction work is done by duly licensed contractors.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7044.2. This chapter does not apply to an admitted surety insurer whenever that surety insurer engages a contractor to undertake the completion of a contract on which a performance or completion bond was issued by the surety insurer, provided all actual construction work is performed by duly licensed contractors. (Amended by Stats. 1997, Ch. 17, Sec. 7. Effective January 1, 1998.)
  68. 7045.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

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    This chapter generally does not apply to certain sales or installations of finished products, materials, or merchandise that are not fixed to a structure, and it also does not apply to a material supplier or manufacturer who only furnishes those items without installing them. The chapter does apply to installation of home improvement goods.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7045. This chapter does not apply to the sale or installation of any finished products, materials, or articles of merchandise that do not become a fixed part of the structure, nor shall it apply to a material supplier or manufacturer furnishing finished products, materials, or articles of merchandise who does not install or contract for the installation of those items. The term “finished products” shall not include installed carpets or mobilehomes or mobilehome accessory structures, as defined in Section 7026.2. This chapter shall apply to the installation of home improvement goods, as defined in Section 7151. (Amended by Stats. 1993, Ch. 589, Sec. 11. Effective January 1, 1994.)
  69. 7046.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This chapter does not apply to construction, alteration, improvement, or repair of personal property.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7046. This chapter does not apply to any construction, alteration, improvement, or repair of personal property. The term “personal property” shall not include mobilehomes or mobilehome accessory structures as defined in Section 7026.2. (Amended by Stats. 1991, Ch. 1160, Sec. 24.)
  70. 7048.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This chapter does not apply to small, casual, minor, or inconsequential work under $1,000 if no building permit is required, but several anti-evasion and conduct-based exceptions apply.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7048. (a) This chapter does not apply to a work or operation on one undertaking or project by one or more contracts if the aggregate contract price for labor, materials, and all other items is less than one thousand dollars ($1,000), that work or operation being considered of casual, minor, or inconsequential nature, and the work or operation does not require a building permit. (b) This section does not apply in a case wherein the work of construction is only a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than one thousand dollars ($1,000) for the purpose of evasion of this chapter or otherwise. (c) This section does not apply to a person who does either of the following: (1) Advertises or puts out a sign or card or other device that might indicate to the public that the person is a contractor or that the person is qualified to engage in the business of a contractor. (2) Employs another person to perform, or assist in performing, the work or operation. (Amended by Stats. 2025, Ch. 67, Sec. 12. (AB 1170) Effective January 1, 2026.)
  71. 7049.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This section says the contractors chapter does not apply to certain irrigation, drainage, farming, and rural fire-prevention work, except when that work is performed by a licensee under the chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7049. This chapter does not apply to any construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation districts, or to farming, dairying, agriculture, viticulture, horticulture, or stock or poultry raising, or clearing or other work upon the land in rural districts for fire prevention purposes, except when performed by a licensee under this chapter. The provisions of this chapter do apply to the business of drilling digging, boring, or otherwise constructing, deepening, repairing, reperforating, or abandoning water wells. (Amended by Stats. 1959, Ch. 1691.)
  72. 7050.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This section exempts an artist from this chapter when the artist works on a mural under an agreement with someone legally allowed to authorize the work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7050. (a) This chapter does not apply to an artist who draws, paints, applies, executes, restores, or conserves a mural pursuant to an agreement with a person who could legally authorize the work. (b) For purposes of this section, ”mural” means a unique work of fine art that is protected by copyright, trademark, label, or patent and that is drawn or painted by hand directly onto interior or exterior walls or ceilings, fixtures, or other appurtenances of a building or structure. “Mural” does not include painted wall signs. (Added by Stats. 2025, Ch. 758, Sec. 1. (SB 456) Effective January 1, 2026.)
  73. 7051.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This chapter does not apply to certain licensed professionals when they act within the stated scope of their license or professional capacity.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7051. This chapter does not apply to a licensed architect or a registered civil or professional engineer acting solely in his or her professional capacity or to a licensed structural pest control operator acting within the scope of his or her license or a licensee operating within the scope of the Geologist and Geophysicist Act. (Amended by Stats. 1994, Ch. 26, Sec. 206. Effective March 30, 1994.)
  74. 7052.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This chapter does not apply to a person who only supplies materials or supplies, as long as they do not fabricate them into, or consume them in, the contractor’s work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7052. This chapter does not apply to any person who only furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of the contractor. (Added by Stats. 1949, Ch. 90.)
  75. 7053.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This chapter does not apply to certain employee work arrangements, except as provided in Article 10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7053. Except as provided in Article 10 (commencing with Section 7150), this chapter does not apply to any person who engages in the activities herein regulated as an employee who receives wages as his or her sole compensation, does not customarily engage in an independently established business, and does not have the right to control or discretion as to the manner of performance so as to determine the final results of the work performed. (Amended by Stats. 1982, Ch. 1427, Sec. 2.)
  76. 7054.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This chapter does not apply to certain people who work on alarm systems and hold an alarm company operator’s license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7054. This chapter does not apply to any person who performs work in the installation, maintenance, monitoring, selling, alteration, or servicing of alarm systems, as defined in Section 7590.1, and who holds an alarm company operator’s license issued pursuant to Chapter 11.6 (commencing with Section 7590). (Amended by Stats. 2018, Ch. 406, Sec. 2. (SB 904) Effective January 1, 2019.)
  77. 7054.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A registered Chapter 20 person is exempt from this chapter’s licensing provisions if their activities are only installing satellite antenna systems on residential structures or property.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 3. Exemptions [7040 - 7054.5] ( Article 3 added by Stats. 1939, Ch. 37. ) ## 7054.5. The licensing provisions of this chapter do not apply to any person registered under Chapter 20 (commencing with Section 9800) if that person’s activities consist only of installing satellite antenna systems on residential structures or property. (Added by Stats. 1987, Ch. 422, Sec. 1.)
  78. 7055.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This section defines which kinds of contracting businesses count for classification purposes.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. ) ## 7055. For the purpose of classification, the contracting business includes any or all of the following branches: (a) General engineering contracting. (b) (1) General building contracting. (2) Residential remodeling contracting. (c) Specialty contracting. (Amended by Stats. 2020, Ch. 364, Sec. 2. (SB 1189) Effective January 1, 2021.)
  79. 7056.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A general engineering contractor is a contractor whose main business is work on fixed works needing specialized engineering knowledge and skill.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. ) ## 7056. A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, including the following divisions or subjects: irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves, shipyards and ports, dams and hydroelectric projects, levees, river control and reclamation works, railroads, highways, streets and roads, tunnels, airports and airways, sewers and sewage disposal plants and systems, waste reduction plants, bridges, overpasses, underpasses and other similar works, pipelines and other systems for the transmission of petroleum and other liquid or gaseous substances, parks, playgrounds and other recreational works, refineries, chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, powerhouses, powerplants and other utility plants and installations, mines and metallurgical plants, land leveling and earthmoving projects, excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection with the above-mentioned fixed works. (Amended by Stats. 2011, Ch. 296, Sec. 12. (AB 1023) Effective January 1, 2012.)
  80. 7057.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This section defines a general building contractor and limits when that contractor may take certain prime contracts, subcontracts, or projects.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. ) ## 7057. (a) Except as provided in this section, a general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of at least two unrelated building trades or crafts, or to do or superintend the whole or any part thereof. This does not include anyone who merely furnishes materials or supplies under Section 7045 without fabricating them into, or consuming them in the performance of, the work of the general building contractor. (b) A general building contractor may take a prime contract or a subcontract for a framing or carpentry project. However, a general building contractor shall not take a prime contract for any project involving trades other than framing or carpentry unless the prime contract requires at least two unrelated building trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate license classification or subcontracts with an appropriately licensed contractor to perform the work. A general building contractor shall not take a subcontract involving trades other than framing or carpentry, unless the subcontract requires at least two unrelated trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate license classification. The general building contractor shall not count framing or carpentry in calculating the two unrelated trades necessary in order for the general building contractor to be able to take a prime contract or subcontract for a project involving other trades. (c) A general building contractor shall not contract for any project that includes a fire protection system as provided for in Section 7026.12 or 7026.13, or the “C-57” Well Drilling classification as provided for in Section 13750.5 of the Water Code, unless the general building contractor holds the appropriate license classification, or subcontracts with the appropriately licensed contractor. (Amended by Stats. 2013, Ch. 377, Sec. 3. (AB 433) Effective January 1, 2014.)
  81. 7057.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This section defines a residential remodeling contractor and limits what such a contractor may contract to do.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. ) ## 7057.5. (a) A residential remodeling contractor is a contractor whose principal contracting business is in connection with any project to make improvements to, on, or in an existing residential wood frame structure, and the project requires the use of at least three unrelated building trades or crafts for a single contract. (b) (1) A residential remodeling contractor may take a prime contract for trades or crafts which may include, but is not limited to, the following: (A) Drywall. (B) Finish carpentry. (C) Flooring. (D) Insulation. (E) Painting. (F) Plastering. (G) Roof repair. (H) Siding. (I) Tiling. (J) Installing, repairing, or replacing electrical fixtures, such as dimmers, fans, lights, outlets, and switches. (K) Installing, repairing, or replacing plumbing fixtures, such as faucets, sinks, toilets, and tubs. (L) Installing, repairing, or replacing mechanical fixtures, such as air filters, air delivery and return grills, and preassembled exhaust fans. (2) A residential remodeling contractor shall not take a contract unless the contract includes three or more unrelated trades or crafts. (3) Subject to the limit described in paragraph (2), a residential remodeling contractor may self-perform its contract or may subcontract any of the trades or crafts to appropriately licensed subcontractor or subcontractors. (c) A residential remodeling contractor shall conduct its contracting activity in accordance with the following restrictions: (1) A residential remodeling contractor shall not contract for a project that includes the following trades or crafts unless the contractor holds the appropriate license classification or subcontracts with an appropriately licensed contractor: (A) C-16 Fire Protection. (B) C-22 Asbestos Abatement. (C) C-57 Well Drilling. (2) A residential remodeling contractor shall not contract to make structural changes to load bearing portions of an existing structure, including, but not limited to, footings, foundations, load bearing walls, partitions, and roof structures. (3) (A) The residential remodeling contractor shall not contract to install, replace, substantially alter, or extend electrical, mechanical, or plumbing systems or their component parts, or the mechanisms or devices that are part of those systems, unless the residential remodeling contractor holds the appropriate license classification or subcontracts with an appropriately licensed contractor. (B) The residential remodeling contractor may contract to make minor alterations to existing electrical, mechanical, or plumbing systems to effectuate the purpose of installing, repairing, or replacing electrical, mechanical and plumbing fixtures, provided that the contract requires the use of at least three unrelated building trades or crafts. (C) The board may adopt regulations to further define what activity constitutes the minor alterations described in subparagraph (B), and to further define the electrical, mechanical, or plumbing systems, or their component parts, or the mechanisms or devices that are part of those systems, that are subject to the restriction described in subparagraph (A). (d) This contractor classification may be cited as the B-2 Residential Remodeling Contractor. (Added by Stats. 2020, Ch. 364, Sec. 3. (SB 1189) Effective January 1, 2021.)
  82. 7058.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. )

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    This section defines what counts as a specialty contractor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. ) ## 7058. (a) A specialty contractor is a contractor whose operations involve the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts. (b) A specialty contractor includes a contractor whose operations include the business of servicing or testing fire extinguishing systems. (c) A specialty contractor includes a contractor whose operations are concerned with the installation and laying of carpets, linoleum, and resilient floor covering. (d) A specialty contractor includes a contractor whose operations are concerned with preparing or removing roadway construction zones, lane closures, flagging, or traffic diversions on roadways, including, but not limited to, public streets, highways, or any public conveyance. (Amended by Stats. 2007, Ch. 354, Sec. 15. Effective January 1, 2008.)
  83. 7058.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. )

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    Contractors may not do asbestos-related work on 100 square feet or more of asbestos-containing material unless they have a C-22 Asbestos Abatement classification or the license qualifier passes an asbestos certification exam.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. ) ## 7058.5. (a) A contractor shall not engage in asbestos-related work, as defined in Section 6501.8 of the Labor Code, that involves 100 square feet or more of surface area of asbestos containing materials, unless the contractor holds a C-22 Asbestos Abatement classification or the qualifier for the license passes an asbestos certification examination. Additional updated asbestos certification examinations may be required based on new health and safety information. The decision on whether to require an updated certification examination shall be made by the Contractors State License Board, in consultation with the Division of Occupational Safety and Health in the Department of Industrial Relations and the Division of Environmental and Occupational Disease Control in the State Department of Public Health. No asbestos certification examination shall be required for contractors involved with the installation, maintenance, and repair of asbestos cement pipe or sheets, vinyl asbestos floor materials, or asbestos bituminous or resinous materials. “Asbestos,” as used in this section, has the same meaning as defined in Section 6501.7 of the Labor Code. (b) The Contractors State License Board shall make available to all applicants, either on the board’s internet website or, if requested, in hard copy, a booklet containing information relative to handling and disposal of asbestos, together with an open book examination concerning asbestos-related work. All applicants for an initial contractor license shall complete the open book examination and, prior to the issuance of a contractor’s license, submit it to the board electronically or by mail if the applicant elects to use the hard-copy format. (Amended by Stats. 2021, Ch. 188, Sec. 8. (SB 826) Effective January 1, 2022.)
  84. 7058.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. )

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    The board cannot issue an asbestos certification unless the contractor is registered, but it may do so if the contractor states in writing that they do not do asbestos-related work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. ) ## 7058.6. (a) The board shall not issue an asbestos certification, as required by Section 7058.5, unless the contractor is registered with the Division of Occupational Safety and Health of the Department of Industrial Relations pursuant to Section 6501.5 of the Labor Code. The board may issue an asbestos certification to a contractor who is not registered, provided the contractor in a written statement acknowledges that they do not perform asbestos-related work. The board shall notify both the division and the contractor, in writing, of the contractor’s passage of the certification examination, for the purpose of allowing the contractor to satisfy the requirement of paragraph (1) of subdivision (a) of Section 6501.5 of the Labor Code. The contractor shall register with the division within 90 days from the date the contractor is notified of the passage of the certification examination. The board may require a reexamination if the contractor fails to register within 90 days following issuance of the notification. Applicable test fees shall be paid for any reexamination required under this section. (b) Any contractor who is certified to engage in asbestos-related work shall present proof of current registration with the division pursuant to Section 6501.5 of the Labor Code upon application for renewal of the contractor’s license, if the contractor engages in asbestos-related work, as defined in Section 6501.8 of the Labor Code. (c) A contractor who is not certified pursuant to this section may bid on and contract to perform a project involving asbestos-related work as long as the asbestos-related work is performed by a contractor who holds the C-22 Asbestos Abatement classification or is certified and registered pursuant to this section and Section 6501.5 of the Labor Code. (d) The board shall obtain and periodically update the list of contractors certified to engage in asbestos-related work who are registered pursuant to Section 6501.5 of the Labor Code. (Amended by Stats. 2021, Ch. 188, Sec. 9. (SB 826) Effective January 1, 2022.)
  85. 7058.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. )

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    Contractors generally may not do hazardous substance removal/remedial work or install/remove underground storage tanks unless the required hazardous substance certification exam has been passed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. ) ## 7058.7. (a) No contractor may engage in a removal or remedial action, as defined in subdivision (d), unless the qualifier for the license has passed an approved hazardous substance certification examination. (b) (1) The Contractors State License Board, the Division of Occupational Safety and Health of the Department of Industrial Relations, and the Department of Toxic Substances Control shall jointly select an advisory committee, which shall be composed of two representatives of hazardous substance removal workers in California, two general engineering contractors in California, and two representatives of insurance companies in California who shall be selected by the Insurance Commissioner. (2) The Contractors State License Board shall develop a written test for the certification of contractors engaged in hazardous substance removal or remedial action, in consultation with the Division of Occupational Safety and Health, the State Water Resources Control Board, the Department of Toxic Substances Control, and the advisory committee. (c) The Contractors State License Board may require additional updated approved hazardous substance certification examinations of licensees currently certified based on new public or occupational health and safety information. The Contractors State License Board, in consultation with the Department of Toxic Substances Control and the State Water Resources Control Board, shall approve other initial and updated hazardous substance certification examinations and determine whether to require an updated certification examination of all current certificate holders. (d) For purposes of this section “removal or remedial action” has the same meaning as found in Part 2 (commencing with Section 78000) of Division 45 of the Health and Safety Code, if the action requires the contractor to dig into the surface of the earth and remove the dug material and the action is at a site listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code or any other site listed as a hazardous substance release site by the Department of Toxic Substances Control or a site listed on the National Priorities List compiled pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.). “Removal or remedial action” does not include asbestos-related work, as defined in Section 6501.8 of the Labor Code, or work related to a hazardous substance spill on a highway. (e) (1) A contractor may not install or remove an underground storage tank, unless the contractor has passed the hazardous substance certification examination developed pursuant to this section. (2) A contractor who is not certified may bid on or contract for the installation or removal of an underground tank, if the work is performed by a contractor who is certified pursuant to this section. (3) For purposes of this subdivision, “underground storage tank” has the same meaning as defined in subdivision (y) of Section 25281 of the Health and Safety Code. (Amended by Stats. 2022, Ch. 258, Sec. 1. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  86. 7058.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. )

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    The board must provide requested public information about contracting for asbestos removal or encapsulation in buildings.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. ) ## 7058.8. The board shall make available to the public upon request information about contracting for the removal or encapsulation of asbestos-containing materials in a building including all of the following: (a) Steps to take when contracting with a company to remove asbestos. (b) Existing laws and regulations pertaining to asbestos-related work in California. (c) Basic health information as contained in the United States Environmental Protection Agency publication, “Guidance for Controlling Asbestos-Containing Materials in Buildings.” (d) A current list of contractors who are certified pursuant to Section 7058.5 to engage in asbestos-related work and who are registered pursuant to Section 6501.5 of the Labor Code. (Amended by Stats. 2011, Ch. 432, Sec. 12. (SB 944) Effective January 1, 2012.)
  87. 7059.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. )

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    The board may set contractor classification rules, licensed contractors may seek multiple classifications, and public works bidding is limited by license classification rules. The application must use the registrar’s form and include the required fee, while specialty contractors get a limited exception for incidental extra trades.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. ) ## 7059. (a) The board may adopt reasonably necessary rules and regulations to effect the classification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which they are classified and qualified to engage, as defined by Sections 7055, 7056, 7057, and 7058. A licensee may make application for classification and be classified in more than one classification if the licensee meets the qualifications prescribed by the board for such additional classification or classifications. The application shall be in a form as prescribed by the registrar and shall be accompanied by the application fee fixed by this chapter. No license fee shall be charged for an additional classification or classifications. Nothing contained in this section shall prohibit a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which they are licensed, is incidental and supplemental to the performance of the work in the craft for which the specialty contractor is licensed. (b) (1) In public works contracts, as defined in Section 1101 of the Public Contract Code, the awarding authority shall determine the license classification necessary to bid and perform the project, in accordance with the classifications prescribed by this article and as set forth in Division 8 of Title 16 of the California Code of Regulations. In no case shall the awarding authority award a prime contract to a specialty contractor whose classification constitutes less than a majority of the project. When a specialty contractor is authorized to bid a project, all work to be performed outside of their license specialty, except work authorized by subdivision (a), shall be performed by a licensed subcontractor in compliance with the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code). (2) Nothing contained in this subdivision shall be construed as authorizing an awarding authority to enact regulations relating to the qualifications necessary to engage in the business of contracting. (3) Nothing contained in this subdivision shall deprive the registrar of the authority to investigate complaints and commence disciplinary proceedings for violations of this chapter. (Amended by Stats. 2024, Ch. 485, Sec. 6. (SB 1455) Effective January 1, 2025.)
  88. 7059.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. )

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    A licensee may not use a business name that suggests qualifications outside the license’s classifications or that does not fit the licensed business entity, and may not do business under more than one name per license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. ) ## 7059.1. (a) A licensee shall not use any business name that indicates the licensee is qualified to perform work in classifications other than those issued for that license, or any business name that is incompatible with the type of business entity licensed. (b) A licensee shall not conduct business under more than one name for each license. Nothing in this section shall prevent a licensee from obtaining a business name change as otherwise provided by this chapter. (Amended by Stats. 2001, Ch. 728, Sec. 57. Effective January 1, 2002.)
  89. 7065.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    The registrar must investigate and qualify contractors’ license applicants by written examination, and the exam must cover required knowledge and California contracting law.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7065. (a) Under rules and regulations adopted by the board and approved by the director, the registrar shall investigate, classify, and qualify applicants for contractors’ licenses by written examination. This examination shall include questions designed to show that the applicant has the necessary degree of knowledge required by Section 7068 and shall include pertinent questions relating to the laws of this state and the contracting business and trade. (b) (1) Contractors’ licenses are to be issued to individual owners, partnerships, corporations, limited liability companies, and participating tribes, in accordance with this chapter. (A) Every person who is an officer, member, responsible manager, or director of a corporation or limited liability company seeking licensure under this chapter shall be listed on the application as a member of the personnel of record. (B) Every person who is a member of a partnership seeking licensure under this chapter shall be listed on the application as a member of the personnel record. (2) A corporation or limited liability company, whether foreign or domestic, seeking licensure under this chapter shall provide its identification number issued by the Secretary of State. (3) A tribal business, including a corporation organized or chartered by a federally recognized tribe pursuant to tribally enacted laws or to Section 17 of the federal Act of June 18, 1934, popularly known as the “Indian Reorganization Act,” shall provide verification of its status as a tribal business. Verification may include, but is not limited to, the following: (A) Enacted resolution ratifying the charter pursuant to Section 17 of the Indian Reorganization Act. (B) Enacted resolution authorizing the tribally chartered corporation under tribally enacted laws. (C) Articles of incorporation or by-laws. (D) A current list of federally recognized tribes or directory of tribal leadership published under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. Sec. 5131) or on the internet website of the United States Bureau of Indian Affairs. (c) An applicant shall qualify for licensure in accordance with this subdivision as follows: (1) An individual owner may qualify by examination for a contractor’s license upon the appearance of the owner or a qualifying individual appearing as a responsible managing employee on behalf of the owner. (2) A partnership may qualify by examination for a contractor’s license upon the appearance of a partner or a qualifying individual appearing as a responsible managing employee on behalf of the partnership. (3) A corporation or participating tribe may qualify by examination for a contractor’s license upon the appearance of a qualifying individual appearing either as a responsible managing officer or a responsible managing employee on behalf of the corporation. (4) A limited liability company may qualify by examination for a contractor’s license upon the appearance of a qualifying individual appearing as a responsible managing officer, a responsible managing manager, a responsible managing member, or a responsible managing employee on behalf of the company. (d) No examination shall be required of a qualifying individual if, within the five-year period immediately preceding the application for licensure, the qualifying individual has either personally passed the written examination for the same classification being applied for, or has served as the qualifying individual for a licensee whose license was in good standing at any time during the five-year period immediately preceding the application for licensure and in the same classification being applied for. (e) The registrar may contract with a public or private organization to conduct or administer the examination. The registrar may also contract with a public or private organization for materials or services related to the examination. (Amended by Stats. 2024, Ch. 485, Sec. 7. (SB 1455) Effective January 1, 2025.)
  90. 7065.01.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    An applicant for the limited specialty license classification does not have to take a trade examination.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7065.01. Notwithstanding Section 7065, no trade examination shall be required of an applicant for the limited specialty license classification. (Repealed and added by Stats. 2002, Ch. 311, Sec. 2. Effective January 1, 2003.)
  91. 7065.05.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    The board must review and, if needed, revise qualifying examinations, and must run them to prevent applicants from knowing specific questions in advance.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7065.05. The board shall periodically review and, if needed, revise the contents of qualifying examinations to insure that the examination questions are timely and relevant to the business of contracting. The board shall, in addition, construct and conduct examinations in such a manner as to preclude the possibility of any applicant having prior knowledge of any specific examination question. (Amended by Stats. 2005, Ch. 280, Sec. 3. Effective January 1, 2006.)
  92. 7065.06.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    Before revising the landscaping contractor exam, the board must confer with water-related and industry groups, and it must keep the exam and study materials focused on water use efficiency and sustainable practices.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7065.06. (a) Before the board revises the examination for a landscaping contractor (C-27), the board shall confer with the Department of Water Resources and the California Landscape Contractors Association to determine whether any updates or revisions to the examination are needed to reflect new and emerging landscape irrigation efficiency practices. (b) The board shall ensure that the examination includes questions that are specific to water use efficiency and sustainable practices to help ensure that the state’s water efficiency needs identified in the California Water Plan, described in Section 10004 of the Water Code, are sufficiently supported. (c) The board shall ensure that the reference study material for the examination continues to include the most current version of the Model Water Efficient Landscape Ordinance (23 Cal. Code Regs. 490, et seq.) and shall add other collateral material specific to water use efficiency and sustainability. (Added by Stats. 2018, Ch. 867, Sec. 2. (AB 2371) Effective January 1, 2019.)
  93. 7065.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    The registrar may waive the contractor-license examination if the applicant meets one of the listed qualifying situations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7065.1. Notwithstanding Section 7065, the registrar may waive the examination for a contractor’s license under any of the following circumstances: (a) The qualifying individual has, for five of the seven years immediately preceding the application for licensure, been listed on the official records of the board as a member of the personnel of any licensee who held a license, which was active and in good standing, in the same classification being applied for, and who during the period listed on the license has been actively engaged in a licensee’s construction activities in the same classification within which the applicant applies for a license. (b) The qualifying individual is an immediate member of the family of a licensee whose individual license was active and in good standing for five of the seven years immediately preceding the application for licensure, and the qualifying individual is able to show all of the following: (1) The qualifying individual has been actively engaged in the licensee’s business for five of the seven years immediately preceding the application for licensure. (2) The license is required to continue the existing family business in the event of the absence or death of the licensee. (3) An application is made for a new license in the same classifications in which the licensee is or was licensed. (c) The qualifying individual is an employee of a corporation or a limited liability company seeking to replace its former qualifying individual and has been employed by that corporation or limited liability company under the following conditions: (1) For five of the seven years immediately preceding the application for licensure, the qualifying individual has been continually employed by the corporation or limited liability company in a supervisory capacity in the same classifications being applied for. (2) For five of the seven years immediately preceding the application for licensure, the corporation or limited liability company has held an active license in good standing in the same classifications being applied for. (3) The corporation or limited liability company has not requested a waiver under this subdivision within the past five years. For purposes of this section, employees of a corporation or limited liability company shall include, but not be limited to, the officers of a corporation and the officers and managers of a limited liability company. (Amended by Stats. 2010, Ch. 698, Sec. 6. (SB 392) Effective January 1, 2011.)
  94. 7065.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    The registrar may waive the contractor-license examination for an applicant who has already held a valid contractor’s license in this state and has been working as a contractor for the U.S. government in a position exempt from licensure under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7065.2. Notwithstanding Section 7065, the registrar may waive the examination for a contractor’s license if the applicant has previously held a valid contractor’s license in this state and has been acting in the capacity of a contractor for the United States government in a position exempt from licensure under this chapter. (Added by Stats. 1987, Ch. 630, Sec. 1.)
  95. 7065.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A licensee may add an additional classification without further examination if the experience requirements are satisfied and the registrar approves the showing.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7065.3. Notwithstanding Section 7065, upon a conclusive showing by a licensee that he or she possesses experience satisfactory to the registrar in the classification applied for, an additional classification may be added, without further examination, under all of the following conditions: (a) For five of the seven years immediately preceding the application, the qualifying individual of the licensee has been listed as a member of the personnel of any licensee whose license was active and in good standing, and who during the period listed on a license was actively engaged in the licensee’s construction activities. (b) The qualifying individual for the applicant has had within the last 10 years immediately preceding the filing of the application, not less than four years experience as a journeyman, foreman, supervising employee, or contractor in the classification within which the licensee intends to engage in the additional classification as a contractor. (c) The application is, as determined by the registrar, for a classification that is closely related to the classification or classifications in which the licensee is licensed, or the qualifying individual is associated with a licensed general engineering contractor or licensed general building contractor and is applying for a classification that is a significant component of the licensed contractor’s construction business as determined by the registrar. This section shall not apply to an applicant who is licensed solely within the limited-specialty classifications. Pursuant to Section 7065, the registrar shall conduct a comprehensive investigation of no less than 3 percent of applications filed under this section to ensure that the applicants met the experience requirements of this section. (Amended by Stats. 2013, Ch. 319, Sec. 7. (SB 822) Effective January 1, 2014.)
  96. 7065.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    The registrar may accept an out-of-state contractor applicant’s qualifications, and may waive the trade exam, if reciprocity and good-standing requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7065.4. The registrar may accept the qualifications of an applicant who is licensed as a contractor in a similar classification in another state if that state accepts the qualifications of a contractor licensed in this state for purposes of licensure in that other state, and if the board ascertains, on a case-by-case basis, that the professional qualifications and conditions of good standing for licensure and continued licensure are at least the same or greater in that state as in California. The registrar may waive the trade examination for that applicant if the applicant provides written certification from that other state in which he or she is licensed, that the applicant’s license has been in good standing for the previous five years. (Added by Stats. 1990, Ch. 1326, Sec. 2. Effective September 26, 1990.)
  97. 7065.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A contractor license cannot be issued to a minor, or to certain business entities with a minor in a key role, unless the minor first has a guardian appointed by a court.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7065.5. No license shall be issued to a minor, nor to any partnership a partner of which is a minor, nor to any corporation any officer, director or responsible managing employee of which is a minor, nor to any limited liability company any officer, manager, or responsible managing employee of which is a minor, nor to any other kind of business organization in which a minor holds a responsible official position, unless the minor shall first have had a guardian appointed by a court of competent jurisdiction. (Amended by Stats. 2010, Ch. 698, Sec. 7. (SB 392) Effective January 1, 2011.)
  98. 7066.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    To get an original license, the applicant must file a written application with the registrar, use the registrar’s form, and include the fee required by the chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7066. To obtain an original license, an applicant shall submit to the registrar an application in writing containing the statement that the applicant desires the issuance of a license under the terms of this chapter. The application shall be made on a form prescribed by the registrar in accordance with the rules and regulations adopted by the board and shall be accompanied by the fee fixed by this chapter. (Added by Stats. 1939, Ch. 37.)
  99. 7066.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Any person may get blank license application forms from the board, or have forms printed if they are used by or approved by the Registrar of Contractors.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7066.5. Any person may obtain blank license application forms from the board or may cause to be printed forms used by or approved by the Registrar of Contractors. (Amended by Stats. 2011, Ch. 432, Sec. 13. (SB 944) Effective January 1, 2012.)
  100. 7067.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    License application forms must be signed by both the applicant and the qualifying person; the board may allow electronic filing and electronic signatures.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7067.6. (a) Every application form for an original license, for renewal thereof, for reinstatement or for reissuance, including both active and inactive licenses, shall be signed by both the applicant and by the person qualifying on behalf of an individual or firm as referred to in Section 7068.1. (b) (1) Notwithstanding any other law, the board may implement a system that provides for the electronic transmission of an application described in subdivision (a) and the acceptance of a digital or electronic signature as part of the filing of those applications. (2) The board by regulation may specify the form and manner of these transmissions and acceptances, including, but not limited to, the adoption of any protocols necessary to ensure the validity and security of any information, signature, data, or document transmitted electronically or digitally. Upon the effective date of the regulations, the electronic submission of an initial license application or a renewal application, including a digital or electronic signature, shall satisfy the requirements of this article. (Amended by Stats. 2015, Ch. 281, Sec. 1. (SB 561) Effective January 1, 2016.)
  101. 7068.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    The board requires contractor license applicants to prove knowledge and experience, and certain applicants must qualify through specific people. The registrar also checks some experience statements and out-of-state experience.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7068. (a) The board shall require an applicant to show the degree of knowledge and experience in the classification applied for, and the general knowledge of the building, safety, health, and lien laws of the state and of the administrative principles of the contracting business that the board deems necessary for the safety and protection of the public. (b) An applicant shall qualify in regard to their experience and knowledge in one of the following ways: (1) If an individual, they shall qualify by personal appearance or by the appearance of their responsible managing employee who is qualified for the same license classification as the classification being applied for. (2) If a partnership or a limited partnership, it shall qualify by the appearance of a general partner or by the appearance of a responsible managing employee who is qualified for the same license classification as the classification being applied for. (3) If a corporation, or any other combination or organization, it shall qualify by the appearance of a responsible managing officer or responsible managing employee who is qualified for the same license classification as the classification being applied for. (4) If a limited liability company, it shall qualify by the appearance of a responsible managing officer, a responsible managing manager, responsible managing member, or a responsible managing employee who is qualified for the same license classification as the classification being applied for. (c) (1) For purposes of this chapter, “a responsible managing employee” means an individual who is a bona fide employee of the applicant and is actively engaged in the classification of work for which that responsible managing employee is the qualifying person on behalf of the applicant. (2) For purposes of this subdivision, the following definitions apply: (A) “Bona fide employee of the applicant” means an employee who is permanently employed by the applicant. (B) “Actively engaged” means working 32 hours per week, or 80 percent of the total hours per week that the applicant’s business is in operation, whichever is less. (d) The board shall, in addition, require an applicant who qualifies by means of a responsible managing employee under either paragraph (1) or (2) of subdivision (b) to show their general knowledge of the building, safety, health, and lien laws of the state and of the administrative principles of the contracting business as the board deems necessary for the safety and protection of the public. (e) Except in accordance with Section 7068.1, no person qualifying on behalf of an individual or firm under paragraph (1), (2), (3), or (4) of subdivision (b) shall hold any other active contractor’s license while acting in the capacity of a qualifying individual pursuant to this section. (f) At the time of application for renewal of a license, the current qualifying individual shall file a statement with the registrar, on a form prescribed by the registrar, verifying their capacity as a qualifying individual to the licensee. (g) Statements made by or on behalf of an applicant as to the applicant’s experience in the classification applied for shall be verified by a qualified and responsible person. In addition, the registrar shall, as specified by board regulation, randomly review a percentage of such statements for their veracity. (h) The registrar shall review experience gained by applicants from other states to determine whether all of that experience was gained in a lawful manner in that state. (Amended by Stats. 2021, Ch. 376, Sec. 5. (AB 830) Effective January 1, 2022.)
  102. 7068.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A qualifying person must supervise and control construction operations for compliance, and cannot act for additional firms except in listed cases. A qualifying individual may act for no more than three firms in any one-year period.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7068.1. (a) The person qualifying on behalf of an individual or firm under paragraph (1), (2), (3), or (4) of subdivision (b) of Section 7068 shall be responsible for exercising supervision and control of their employer’s or principal’s construction operations to secure compliance with this chapter and the rules and regulations of the board. This person shall not act in the capacity of the qualifying person for an additional individual or firm unless one of the following conditions exists: (1) There is a common ownership of at least 20 percent of the equity of each individual or firm for which the person acts in a qualifying capacity. (2) The additional firm is a subsidiary of or a joint venture with the first. “Subsidiary,” as used in this subdivision, means any firm at least 20 percent of the equity of which is owned by the other firm. (3) With respect to a firm under paragraph (2), (3), or (4) of subdivision (b) of Section 7068, the majority of the partners, officers, or managers are the same. (b) Notwithstanding paragraphs (1) to (3), inclusive, of subdivision (a), a qualifying individual may act as the qualifier for no more than three firms in any one-year period. (c) The following definitions shall apply for purposes of this section: (1) “Firm” means a partnership, a limited partnership, a corporation, a limited liability company, or any other combination or organization described in Section 7068. (2) “Person” is limited to natural persons, notwithstanding the definition of “person” in Section 7025. (3) “Supervision and control” means direct supervision or control or monitoring and being available to assist others to whom direct supervision and control has been delegated. (4) “Direct supervision or control” means any of the following: (A) Supervising construction operations. (B) Managing construction activities by making technical and administrative decisions. (C) Checking jobs for proper workmanship. (D) Supervision on construction sites. (d) The board shall require every applicant or licensee qualifying by the appearance of a qualifying individual to submit detailed information on the qualifying individual’s duties and responsibilities for supervision and control of the applicant’s construction operations. (e) Violation of this section shall constitute a cause for disciplinary action and shall be punishable as a misdemeanor by imprisonment in a county jail not to exceed six months, by a fine of not less than three thousand dollars ($3,000), but not to exceed five thousand dollars ($5,000), or by both the fine and imprisonment. (Amended by Stats. 2024, Ch. 485, Sec. 8. (SB 1455) Effective January 1, 2025.)
  103. 7068.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    If a qualifying officer/manager leaves a licensed entity, the licensee or qualifier must notify the registrar in writing within 90 days and the licensee must replace the qualifier within 90 days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7068.2. (a) If the responsible managing officer, responsible managing employee, responsible managing member, or responsible managing manager disassociates from the licensed entity, the licensee or the qualifier shall notify the registrar in writing within 90 days after the date of disassociation. The licensee shall have 90 days after the date of disassociation in which to replace the qualifier. Upon failure to replace the qualifier within 90 days after the date of disassociation, the license shall be automatically suspended or the classification removed at the end of the 90 days. (b) To replace a responsible managing officer, responsible managing employee, responsible managing member, or responsible managing manager, the licensee shall file an application as prescribed by the registrar, accompanied by the fee fixed by this chapter, designating an individual to qualify as required by this chapter. (c) Upon failure of the licensee or the qualifier to notify the registrar of the disassociation of the qualifier within 90 days after the date of disassociation, the license shall be automatically suspended or the classification removed and the qualifier removed from the license effective the date the written notification is received at the board’s headquarters office. (d) The person qualifying on behalf of a licensee under Section 7068 shall be responsible for the licensee’s construction operations until the date of disassociation or the date the board receives the written notification of disassociation, whichever is later. (e) (1) Upon a showing of good cause by the licensee, the registrar may review and accept a petition for one 90-day extension to replace the qualifier immediately following the initial 90-day period described in subdivision (a) only under one or more of the following circumstances: (A) If the licensee is disputing the date of disassociation. (B) If the responsible managing officer, employee, member, or manager has died. (C) If there has been a delay in processing the application to replace the qualifier that is out of the applicant’s control and it is the responsibility of the board or another state or federal agency that is relied upon in the application process. (2) This petition shall be received within 90 days after the date of disassociation or death or delay. The petition shall only be considered if an application to replace the qualifier as prescribed by the registrar is on file with the board. Under the circumstances described in subparagraphs (A) and (B) of paragraph (1), the licensee shall have no more than a total of 180 days after the date of disassociation or death in which to replace the qualifier. (f) Failure of the licensee or the qualifier to notify the registrar of the qualifier’s disassociation within 90 days after the date of disassociation shall constitute grounds for disciplinary action. (Amended by Stats. 2012, Ch. 162, Sec. 2. (SB 1171) Effective January 1, 2013.)
  104. 7068.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A person who is not the named examinee may not take a contractor license qualifying examination on behalf of an applicant.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7068.5. It is a misdemeanor for any person other than the examinee named in the application to take the qualifying examination on behalf of an applicant for a contractor’s license. (Added by Stats. 1961, Ch. 491.)
  105. 7068.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A person may not obtain and provide someone else with the qualifying examination, or any part of it, unless authorized; doing so is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7068.7. Any person who obtains and provides for another the qualifying examination, or any part thereof, when not authorized to do so, is guilty of a misdemeanor. (Added by Stats. 1979, Ch. 1013.)
  106. 7069.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    For a contractor’s license application, the board must require fingerprints and may use them for criminal history checks; applicants and listed company personnel must not have disqualifying acts or crimes under Section 480.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7069. (a) An applicant, and each officer, director, partner, manager, associate, and responsible managing employee thereof, shall not have committed acts or crimes that are grounds for denial of licensure under Section 480. (b) As part of an application for a contractor’s license, the board shall require an applicant to furnish a full set of fingerprints for purposes of conducting a criminal history record check. Fingerprints furnished pursuant to this subdivision shall be submitted in an electronic format if readily available. Requests for alternative methods of furnishing fingerprints are subject to the approval of the registrar. The board shall use the fingerprints furnished by an applicant to obtain criminal history information on the applicant from the Department of Justice and the United States Federal Bureau of Investigation, and the board may obtain any subsequent arrest information that is available. (Amended by Stats. 2010, Ch. 698, Sec. 11. (SB 392) Effective January 1, 2011.)
  107. 7069.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    The registrar may require an arrested licensee employee or home improvement salesperson to provide proof of the arrest disposition, and the proof must be received within 90 days. Failure to comply can lead to disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7069.1. (a) Upon notification of an arrest of a member of the personnel of a licensee or a home improvement salesperson, the registrar, by first-class mail to the last official address of record, may require the arrestee to provide proof of the disposition of the matter. (b) The proof required by this section shall be satisfactory for carrying out the purposes of this chapter, and at the registrar’s discretion may include, but is not limited to, certified court documents, certified court orders, or sentencing documents. Any proof required by this section shall be received by the registrar within 90 days of the date of the disposition, or within 90 days of the registrar’s demand for information if that date is later. (c) Failure to comply with the provisions of this section constitutes cause for disciplinary action. (Added by Stats. 2004, Ch. 586, Sec. 1. Effective January 1, 2005.)
  108. 7070.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    An applicant must show they have never been denied a license or had one revoked for reasons that would prevent the license being granted. If the board denies the application, it must tell the applicant the earliest date they may reapply, usually one year after the decision or notice date unless the board sets an earlier date.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7070. An applicant shall show that he or she has never been denied a license or had a license revoked for reasons that would preclude the granting of the license applied for. Where the board has denied an application for license under this chapter or Chapter 2 (commencing with Section 480) of Division 1.5, it shall, in its decision, or in its notice under subdivision (b) of Section 485, inform the applicant of the earliest date that the applicant may reapply for a license, which shall be one year from the effective date of the decision or service of notice under subdivision (b) of Section 485, unless the board prescribes an earlier date. (Amended by Stats. 1997, Ch. 334, Sec. 1. Effective January 1, 1998.)
  109. 7071.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A license cannot be issued to certain business entities unless the responsible officer, director, partner, manager, officer, or member meets the applicant qualifications, except for knowledge and experience qualifications.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071. No license shall be issued to a corporation, partnership, limited liability company, or other combination or organization if a responsible officer or director of the corporation, or other combination or organization, or a partner of the partnership, or a manager or officer of the limited liability company, or any member of an organization seeking licensure under this chapter does not meet the qualifications required of an applicant other than those qualifications relating to knowledge and experience. (Amended by Stats. 2011, Ch. 296, Sec. 15. (AB 1023) Effective January 1, 2012.)
  110. 7071.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    The qualifying individual must file the required bond with the registrar, and it must be executed by an admitted surety insurer and in a form acceptable to the registrar.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.10. The qualifying individual’s bond required by this article shall be executed by an admitted surety insurer in favor of the State of California, in a form acceptable to the registrar and filed with the registrar by the qualifying individual. The qualifying individual’s bond shall not be required in addition to the contractor’s bond when, as set forth under paragraph (1) of subdivision (b) of Section 7068, the individual proprietor has qualified for the license by his or her personal appearance, or the qualifier is a general partner as set forth under paragraph (2) of subdivision (b) of Section 7068. The qualifying individual’s bond shall be for the benefit of the following persons: (a) A homeowner contracting for home improvement upon the homeowner’s personal family residence damaged as a result of a violation of this chapter by the licensee. (b) A property owner contracting for the construction of a single-family dwelling who is damaged as a result of a violation of this chapter by the licensee. That property owner shall only recover under this subdivision if the single-family dwelling is not intended for sale or offered for sale at the time the damages were incurred. (c) A person damaged as a result of a willful and deliberate violation of this chapter by the licensee, or by the fraud of the licensee in the execution or performance of a construction contract. (d) An employee of the licensee damaged by the licensee’s failure to pay wages. (e) A person or entity, including a laborer described in subdivision (b) of Section 8024 of the Civil Code, to which a portion of the compensation of an employee of a licensee is paid by agreement with that employee or the collective bargaining agent of that employee, that is damaged as the result of the licensee’s failure to pay fringe benefits for its employees including, but not limited to, employer payments described in Section 1773.1 of the Labor Code and regulations adopted thereunder (without regard to whether the work was performed on a public or private work). Damage to a person or entity under this subdivision is limited to employer payments required to be made on behalf of employees of the licensee, as part of the overall compensation of those employees, which the licensee fails to pay. (Amended by Stats. 2010, Ch. 697, Sec. 3. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  111. 7071.11.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    This section limits surety liability on certain bond claims, bars license renewal while certain debts remain unpaid, and sets deadlines for bond actions and protest procedures.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.11. (a) The aggregate liability of a surety on a claim for wages and fringe benefits brought against a bond required by this article, other than a bond required by Section 7071.8, shall not exceed the sum of four thousand dollars ($4,000). If a bond required by this article is insufficient to pay all claims in full, the sum of the bond shall be distributed to all claimants in proportion to the amount of their respective claims. (b) No license may be renewed, reissued, or reinstated while a judgment or admitted claim in excess of the amount of the bond remains unsatisfied. (c) Except for claims covered by subdivision (d), any action against a bond required under this article, excluding the judgment bond specified under Section 7071.17, shall be brought in accordance with the following: (1) Within two years after the expiration of the license period during which the act or omission occurred. The provisions of this paragraph shall be applicable only if the license has not been inactivated, canceled, or revoked during the license period for which the bond was posted and accepted by the registrar as specified under Section 7071.7. (2) If the license has been inactivated, canceled, or revoked, an action shall be brought within two years of the date the license of the active licensee would have expired had the license not been inactivated, canceled, or revoked. For the provisions of this paragraph to be applicable, the act or omission for which the action is filed must have occurred prior to the date the license was inactivated, canceled, or revoked. (3) An action against a disciplinary bond filed by an active licensee pursuant to Section 7071.8 shall be brought in accordance with the provisions of paragraph (1) or (2), as applicable, or within two years after the last date for which a disciplinary bond filed pursuant to Section 7071.8 was required, whichever date is first. (d) A claim to recover wages or fringe benefits shall be brought within six months from the date that the wage or fringe benefit delinquencies were discovered, but in no event shall a civil action thereon be brought later than two years from the date the wage or fringe benefit contributions were due. (e) Whenever the surety makes payment on a claim against a bond required by this article, whether or not payment is made through a court action or otherwise, the surety shall, within 30 days of the payment, provide notice to the registrar. The notice required by this subdivision shall provide the following information by declaration on a form prescribed by the registrar: (1) The name and license number of the contractor. (2) The surety bond number. (3) The amount of payment. (4) The statutory basis upon which the claim is made. (5) The names of the person or persons to whom payments have been made. (6) Whether or not the payments were the result of a good faith action by the surety. The notice shall also clearly indicate whether or not the licensee filed a protest in accordance with this section. (f) Prior to the settlement of a claim through a good faith payment by the surety, a licensee shall have not less than 15 days in which to provide a written protest. This protest shall instruct the surety not to make payment from the bond on the licensee’s account upon the specific grounds that the claim is opposed by the licensee, and provide the surety a specific and reasonable basis for the licensee’s opposition to payment. (1) Whenever a licensee files a protest in accordance with this subdivision, the board shall investigate the matter and file disciplinary action as set forth under this chapter if there is evidence that the surety has sustained a loss as the result of a good faith payment made for the purpose of mitigating any damages incurred by any person or entity covered under Section 7071.5. (2) A licensee that fails to file a protest as specified in this subdivision shall have 90 days from the date of notification by the board to submit proof of payment of the actual amount owed to the surety and, if applicable, proof of payment of any judgment or admitted claim in excess of the amount of the bond or, by operation of law, the license shall be suspended at the end of the 90 days. A license suspension pursuant to this subdivision shall be disclosed indefinitely as a failure to settle outstanding final liabilities in violation of this chapter. The disclosure specified by this subdivision shall also be applicable to all licenses covered by the provisions of subdivision (g). (g) During any period in which a surety remains unreimbursed for a loss or expense sustained on a bond issued pursuant to this article, the license for which the bond was issued, and any other license on which any member of the licensee’s personnel of record has also been listed, may not be renewed, reissued, or reinstated while the licensee was subject to suspension or disciplinary action under this section. (h) The licensee may provide the board with a notarized copy of an accord, reached with the surety to satisfy the debt in lieu of full payment. By operation of law, failure to abide by the accord shall result in the automatic suspension of a license to which this section applies. A license that is suspended for failure to abide by the accord may only be renewed or reinstated when proof of satisfaction of all debts is made. (i) Legal fees may not be charged against the bond by the board. (Amended by Stats. 2010, Ch. 698, Sec. 17. (SB 392) Effective January 1, 2011.)
  112. 7071.13.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    A contractor’s public references to a bond required under this chapter can be grounds for suspension of the contractor’s license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.13. Any reference by a contractor in his advertising, soliciting, or other presentments to the public to any bond required to be filed pursuant to this chapter is a ground for the suspension of the license of such contractor. (Added by renumbering Section 7071.8 by Stats. 1967, Ch. 1604.)
  113. 7071.14.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    A contractor’s license bond may not be denied to a licensee or applicant solely because of race, religious creed, color, national origin, ancestry, or sex.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.14. No licensee or applicant for a license under this chapter shall be denied a contractor’s license bond solely because of his race, religious creed, color, national origin, ancestry, or sex. Whoever denies a contractor’s license bond solely on the grounds specified herein is liable for each and every such offense for the actual damages, and two hundred fifty dollars ($250) in addition thereto, suffered by the licensee or applicant for a license. (Added by Stats. 1971, Ch. 669.)
  114. 7071.15.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    A licensee must maintain the bond required by this article, or the license may be suspended or revoked.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.15. If a licensee fails to maintain a sufficient bond required by this article, the license is subject to suspension or revocation pursuant to Section 996.020 of the Code of Civil Procedure. (Added by Stats. 1983, Ch. 18, Sec. 1.5. Effective April 21, 1983.)
  115. 7071.17.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    This section requires bonds, notices, and possible suspension when a licensee or applicant has an unsatisfied final judgment.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.17. (a) Notwithstanding any other provision of law, the board shall require, as a condition precedent to accepting an application for licensure, renewal, reinstatement, or to change officers or other personnel of record, that an applicant, previously found to have failed or refused to pay a contractor, subcontractor, consumer, materials supplier, or employee based on an unsatisfied final judgment, file or have on file with the board a bond sufficient to guarantee payment of an amount equal to the unsatisfied final judgment or judgments. The applicant shall have 90 days from the date of notification by the board to file the bond or the application shall become void and the applicant shall reapply for issuance, reinstatement, or reactivation of a license. The board may not issue, reinstate, or reactivate a license until the bond is filed with the board. The bond required by this section is in addition to the contractor’s bond. The bond shall be on file for a minimum of one year, after which the bond may be removed by submitting proof of satisfaction of all debts. The applicant may provide the board with a notarized copy of any accord, reached with any individual holding an unsatisfied final judgment, to satisfy a debt in lieu of filing the bond. The board shall include on the license application for issuance, reinstatement, or reactivation, a statement, to be made under penalty of perjury, as to whether there are any unsatisfied judgments against the applicant on behalf of contractors, subcontractors, consumers, materials suppliers, or the applicant’s employees. Notwithstanding any other provision of law, if it is found that the applicant falsified the statement then the license will be retroactively suspended to the date of issuance and the license will stay suspended until the bond, satisfaction of judgment, or notarized copy of any accord applicable under this section is filed. (b) (1) Notwithstanding any other provision of law, all licensees shall notify the registrar in writing of any unsatisfied final judgment imposed on the licensee. If the licensee fails to notify the registrar in writing within 90 days, the license shall be automatically suspended on the date that the registrar is informed, or is made aware of the unsatisfied final judgment. (2) The suspension shall not be removed until proof of satisfaction of the judgment, or in lieu thereof, a notarized copy of an accord is submitted to the registrar. (3) If the licensee notifies the registrar in writing within 90 days of the imposition of any unsatisfied final judgment, the licensee shall, as a condition to the continual maintenance of the license, file or have on file with the board a bond sufficient to guarantee payment of an amount equal to all unsatisfied judgments applicable under this section. (4) The licensee has 90 days from the date of notification by the board to file the bond or at the end of the 90 days the license shall be automatically suspended. In lieu of filing the bond required by this section, the licensee may provide the board with a notarized copy of any accord reached with any individual holding an unsatisfied final judgment. (c) By operation of law, failure to maintain the bond or failure to abide by the accord shall result in the automatic suspension of any license to which this section applies. (d) A license that is suspended for failure to comply with the provisions of this section can only be reinstated when proof of satisfaction of all debts is made, or when a notarized copy of an accord has been filed as set forth under this section. (e) This section applies only with respect to an unsatisfied final judgment that is substantially related to the construction activities of a licensee licensed under this chapter, or to the qualifications, functions, or duties of the license. (f) Except as otherwise provided, this section does not apply to an applicant or licensee when the financial obligation covered by this section has been discharged in a bankruptcy proceeding. (g) Except as otherwise provided, the bond shall remain in full force in the amount posted until the entire debt is satisfied. If, at the time of renewal, the licensee submits proof of partial satisfaction of the financial obligations covered by this section, the board may authorize the bond to be reduced to the amount of the unsatisfied portion of the outstanding judgment. When the licensee submits proof of satisfaction of all debts, the bond requirement may be removed. (h) The board shall take the actions required by this section upon notification by any party having knowledge of the outstanding judgment upon a showing of proof of the judgment. (i) For the purposes of this section, the term “judgment” also includes any final arbitration award where the time to file a petition for a trial de novo or a petition to vacate or correct the arbitration award has expired, and no petition is pending. (j) (1) If a judgment is entered against a licensee or any personnel of record of a licensee, then a qualifying person or personnel of record of the licensee at the time of the activities on which the judgment is based shall be automatically prohibited from serving as a qualifying individual or other personnel of record on any license until the judgment is satisfied. (2) The prohibition described in paragraph (1) shall cause the license of any other existing renewable licensed entity with any of the same personnel of record as the judgment debtor licensee or with any of the same judgment debtor personnel to be suspended until the license of the judgment debtor is reinstated, the judgment is satisfied, or until those same personnel of record disassociate themselves from the renewable licensed entity. (k) For purposes of this section, lawful money or cashier’s check deposited pursuant to paragraph (1) of subdivision (a) of Section 995.710 of the Code of Civil Procedure, may be submitted in lieu of the bond. (l) Notwithstanding subdivision (f), the failure of a licensee to notify the registrar of an unsatisfied final judgment in accordance with this section is cause for disciplinary action. (Amended by Stats. 2020, Ch. 370, Sec. 10. (SB 1371) Effective January 1, 2021.)
  116. 7071.18.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    Licensees must report certain convictions to the registrar in writing within 90 days after learning of the event. The board must also study certain construction-defect claim outcomes and report the study results to the Legislature.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.18. (a) Notwithstanding any other law, a licensee shall report to the registrar in writing the occurrence of any of the following within 90 days after the licensee obtains knowledge of the event: (1) The conviction of the licensee for any felony. (2) The conviction of the licensee for any other crime that is substantially related to the qualifications, functions, and duties of a licensed contractor. (b) (1) The board shall consult with licensees, consumers, and other interested stakeholders in order to prepare a study of judgments, arbitration awards, and settlements that were the result of claims for construction defects for rental residential units and, by January 1, 2018, shall report to the Legislature the results of this study to determine if the board’s ability to protect the public as described in Section 7000.6 would be enhanced by regulations requiring licensees to report judgments, arbitration awards, or settlement payments of those claims. Participation by licensees and consumers shall be voluntary. The study shall include, but not be limited to, criteria used by insurers or others to differentiate between settlements that are for nuisance value and those that are not, whether settlement information or other information can help identify licensees who may be subject to an enforcement action, if there is a way to separate subcontractors from general contractors when identifying licensees who may be subject to an enforcement action, whether reporting should be limited to settlements resulting from construction defects that resulted in death or injury, the practice of other boards within the department, and any other criteria considered reasonable by the board. The board shall submit the report to the Legislature in accordance with Section 9795 of the Government Code. (2) Records or documents obtained by the board during the course of implementing this subdivision that are exempt from public disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) shall remain exempt from disclosure pursuant to that act. (Amended by Stats. 2021, Ch. 615, Sec. 24. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  117. 7071.19.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    Limited liability companies must maintain required insurance to keep a contractor license issued, reinstated, reactivated, or valid.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.19. (a) As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, in addition to any bond required under this article, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims based upon acts, errors, or omissions arising out of the contracting services it provides. (b) The total aggregate limit of liability under the policy or policies of insurance required under this section shall be as follows: (1) For a limited liability company licensee with five or fewer persons listed on the members of the personnel of record, the aggregate limit shall not be less than one million dollars ($1,000,000). (2) For a limited liability company licensee with more than five persons listed on the members of the personnel of record, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each person listed on the personnel of record of the licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth under this section. (c) The policy or policies required by this section may be issued on a claims-made or occurrence basis, and shall cover: (1) in the case of a claims-made policy, claims initially asserted in the designated period, and (2) in the case of an occurrence policy, occurrences during the designated period. For purposes of this section, “designated period” means a policy year or any other period designated in the policy that is not greater than 12 months. Any policy or policies secured to satisfy the requirements of this section shall be written by an insurer or insurers duly licensed by this state or an eligible surplus line insurer, with the insurance procured pursuant to Section 1765.1 of the Insurance Code, and may be in a form reasonably available in the commercial insurance market and may be subject to those terms, conditions, exclusions, and endorsements that are typically contained in those policies. A policy or policies of insurance maintained pursuant to this section may be subject to a deductible or self-insured retention. (d) The impairment or exhaustion of the aggregate limit of liability by amounts paid under any policy in connection with the settlement, discharge, or defense of claims applicable to a designated period shall not require the licensee to acquire additional insurance coverage for that designated period. However, the aggregate limit of liability coverage (coverage limit) required by this section shall be reinstated by not later than the commencement date of the next designated period, and the license of any licensee that fails to comply with this provision shall be suspended by operation of law until the date that the licensee complies with the coverage limit requirements of this section. In addition, the amount to which any coverage limit is depleted may be reported on the license record. (e) Upon the dissolution and winding up of the company, the company shall, with respect to any insurance policy or policies then maintained pursuant to this section, maintain or obtain an extended reporting period endorsement or equivalent provision in the maximum total aggregate limit of liability required to comply with this section for a minimum of three years if reasonably available from the insurer. (f) Prior to the issuance, reinstatement, or reactivation of a limited liability company license as provided under this chapter, the applicant or licensee shall, in the manner prescribed by the registrar, submit the information and documentation required by this section and requested by the registrar, demonstrating compliance with the financial security requirements specified by this section. (g) For any insurance policy secured by a licensee in satisfaction of this section, a Certificate of Liability Insurance, signed by an authorized agent or employee of the insurer, shall be submitted electronically or otherwise to the registrar. The insurer issuing the certificate, or, in the case of a surplus line policy, the surplus line broker, shall report to the registrar the following information for any policy required under this section: name, license number, policy number, dates that coverage is scheduled to commence and lapse, the date and amount of any payment of claims, and cancellation date if applicable. (h) Upon the issuance, reinstatement, or reactivation of a license under this section, the registrar may post the following information to the licensee’s license record on the Internet: (1) The name of the insurer or insurers providing the liability policy or policies submitted by the licensee for the most recent designated period. (2) Any policy numbers and the sum of the aggregate limit of liability provided by each. (Amended by Stats. 2013, Ch. 114, Sec. 1. (AB 1236) Effective January 1, 2014.)
  118. 7071.20.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    A contractor licensee must report certain large, qualifying civil actions to the registrar in writing within 90 days after learning of them.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.20. (a) A licensee shall report to the registrar in writing within 90 days after the licensee has knowledge of any civil action resulting in a final judgment, executed settlement agreement, or final arbitration award in which the licensee is named as a defendant or cross-defendant, filed on or after January 1, 2019, that meets all of the following criteria: (1) The action alleges fraud, deceit, negligence, breach of contract or express or implied warranty, misrepresentation, incompetence, recklessness, wrongful death, or strict liability by the act or omission of a licensee while acting in the capacity of a contractor, whether as a general contractor or as a specialty contractor. (2) The amount or value of the judgment, settlement payment, or arbitration award for which the licensee is named as a defendant or cross-defendant, is one million dollars ($1,000,000) or greater, not including investigative costs or prior repairs performed by the licensee. (3) The action is the result of a claim for damages to a property or person that allegedly resulted in a failure or condition that creates a substantial risk of a failure in the load bearing portions of a multifamily rental residential structure. (4) The action is the result of a claim for damages to a property or person that was allegedly caused by a licensee’s construction, repair, alteration to, subtraction from, improvement of, moving, wrecking, or demolishing of, any part of a multifamily rental residential structure, either personally or by or through others. (5) The action, if a civil action, has been designated by a court of competent jurisdiction as a “complex case” pursuant to rules 3.400 to 3.403, inclusive, of the California Rules of Court because it involves a claim of construction defect or insurance coverage arising out of a construction defect claim, pursuant to paragraph (2) or (7) of subdivision (c) of Rule 3.400 of the California Rules of Court. (b) This section shall not apply to residential construction subject to any part of Title 7 (commencing with Section 895) of Part 2 of Division 2 of the Civil Code. (c) In an action that meets the criteria of this section, in which more than one contractor is named as a defendant or cross-defendant, all contractors who are apportioned any liability either by the court or pursuant to an agreement between parties, shall report the action pursuant to subdivision (a). This subdivision does not apply to a contractor who is named as a defendant or cross-defendant, but is assigned liability of less than fifteen thousand dollars ($15,000) in the action. (d) The reports required by this section shall be signed by the licensee and shall set forth the license number of the licensee and the facts that constitute the reportable event. If the reportable event involves the action of a court, the report shall also set forth the following: (1) The title of the matter. (2) The court or agency name. (3) The docket number. (4) The claim or file number. (5) The date on which the reportable event occurred. (e) (1) The registrar or a designee shall review the reports required by this section. The registrar or designee shall return the report to the licensee and take no further action if, upon review, the registrar or a designee finds any of the following: (A) The facts of the reportable event would not substantiate an allegation that a licensee has violated this chapter. (B) There are reasonable grounds to believe that the public interest is sufficiently served by the existing resolution or disposition of the reportable event as reached by the parties to the action or by the court. (C) Disciplinary action is unnecessary. (2) Any report returned to a licensee pursuant to this subdivision shall be deemed to be a complaint resolved in favor of the licensee and the facts underlying the event as reported by the licensee shall not be subject to further review by the board, except upon receipt of an independent complaint involving the same underlying facts. (3) If additional information is necessary to make the determination required by paragraph (1), the registrar or designee shall keep and regard the report as a complaint that shall be subject to Sections 7090 and 7091. The disclosure of any complaint referred to investigation pursuant to this section shall comply with the public disclosure provisions of Section 7124.6. (f) Failure of a licensee to report to the registrar in the time and manner required by this section shall be grounds for disciplinary action. Criminal penalties shall not be imposed for a violation of this section. (g) Except as provided in paragraphs (1) and (2) of subdivision (e), nothing in this section is intended to limit the registrar’s authority on his or her motion, or upon the verified written complaint of another, to investigate the actions of a contractor as specified in Section 7090. (Added by Stats. 2018, Ch. 514, Sec. 1. (SB 1465) Effective January 1, 2019.)
  119. 7071.21.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    Certain insurers must report specified payment information to the registrar within 30 days, and the registrar must review the reports.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.21. (a) An insurer providing a licensee commercial general liability insurance, construction defect insurance, or professional liability insurance shall report to the registrar within 30 days of all or a portion of the insurer’s payment of a civil action judgment, settlement payment, or arbitration award, that meets all of the requirements of Section 7071.20, against the licensee all of the following: (1) The name and license number of the licensee. (2) The claim or file number. (3) The amount or value of the judgment, settlement payment, or arbitration award. (4) The amount paid by the insurer. (5) The identity of the payee. (b) (1) The registrar or a designee shall review the reports required by this section. The registrar or designee shall return the report to the licensee and take no further action if, upon review, the registrar or a designee finds any of the following: (A) The facts of the reportable event would not substantiate an allegation that a licensee has violated this chapter. (B) There are reasonable grounds to believe that the public interest is sufficiently served by the existing resolution or disposition of the reportable event as reached by the parties to the action or by the court. (C) Disciplinary action is unnecessary. (2) Any report returned to a licensee pursuant to this subdivision shall be deemed to be a complaint resolved in favor of the licensee and the facts underlying the event as reported by the licensee shall not be subject to further review by the board, except upon receipt of an independent complaint involving the same underlying facts. (3) If additional information is necessary to make the determination required by paragraph (1), the registrar or designee shall keep and regard the report as a complaint that shall be subject to Sections 7090 and 7091. The disclosure of any complaint referred to investigation pursuant to this section shall comply with the public disclosure provisions of Section 7124.6. (c) Except as provided in paragraphs (1) and (2) of subdivision (b), nothing in this section is intended to limit the registrar’s authority on his or her motion, or upon the verified written complaint of another, to investigate the actions of a contractor as specified in Section 7090. (Added by Stats. 2018, Ch. 514, Sec. 2. (SB 1465) Effective January 1, 2019.)
  120. 7071.22.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    This section says certain reporting-related provisions apply when the relevant party is or was a licensee, and it protects reporting to the registrar from being treated as a breach of a confidential settlement or similar agreement. It also lets the board adopt regulations to support those reporting requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.22. (a) Sections 7071.20 and 7071.21 shall apply if a party to the civil action, judgment, settlement payment, or arbitration award is or was a licensee, as defined in Section 7096, or was a member of the personnel of the record, a person, or a qualifying person, as those terms are defined in Section 7025. (b) Notwithstanding any other law, a licensee or person providing a report to the registrar pursuant to Section 7071.20 or 7071.21 shall not be considered to have violated a confidential settlement agreement or other confidential agreement. (c) The board may adopt regulations to further the purposes of Sections 7071.20 and 7071.21, specifically with regard to the reporting requirements of those sections. (Added by Stats. 2018, Ch. 514, Sec. 3. (SB 1465) Effective January 1, 2019.)
  121. 7071.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    A licensed contractor who enters the U.S. armed forces may appoint responsible managing person(s) to run the business, must tell the registrar who they are within 30 days, and the license stays active for 30 days after entry.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.3. Notwithstanding any other provision of this code, the holder of a current valid license under this chapter who has entered or enters the armed forces of the United States may designate a responsible managing person or persons to act for him while in the armed forces and until one year after his discharge therefrom, after which time the authority to so act for the licensee shall terminate. The renewal fee shall be paid for any such licensee so designating others to act for him. Any license shall remain in full force and effect for 30 days after the entrance of the licensee into the armed forces, but he shall prior to the expiration of such 30-day period provide the registrar with the name or names of the persons so designated to conduct his business. The registrar may qualify such persons in any manner he may adopt. Persons so designated shall not have committed acts or crimes constituting grounds for denial of licensure under Section 480. Persons so designated committing any of the acts or crimes constituting grounds for denial of licensure under Section 480 shall be removed from the business of such licensee after a hearing as provided in this chapter. (Amended by Stats. 1978, Ch. 1161.)
  122. 7071.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    Licensed contractors subject to bond requirements must keep the required bond or approved deposit, and the registrar cannot accept other deposit methods.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.4. (a) Each person licensed under the provisions of this chapter and subject to any of the bonding provisions of this article shall maintain the requisite bond as executed by an admitted surety insurer or as deposited with the registrar pursuant to paragraph (1) of subdivision (a) of Section 995.710 of the Code of Civil Procedure in the appropriate amount. Notwithstanding Article 7 (commencing with Section 995.710) of Chapter 2 of Title 14 of Part 2 of the Code of Civil Procedure, no other method of deposit, including, but not limited to, a certificate of deposit, shall satisfy a bond requirement under this article. (b) All existing alternatives in lieu of a bond currently filed with the registrar shall be replaced for a surety bond or the deposit prescribed by paragraph (1) of subdivision (a) of Section 995.710 of the Code of Civil Procedure by January 1, 2020. (c) (1) If the board is notified, in writing, of a civil action against the deposit authorized under this section, the deposit or any portion thereof shall not be released for any purpose, except as determined by the court. (2) If any deposit authorized under this section is insufficient to pay, in full, all claims that have been adjudicated under any action filed in accordance with this section, the amount of the deposit shall be distributed to all claimants in proportion to the amount of their respective claims. (d) Notwithstanding subdivision (a), this section shall not apply to the bond equivalents described in Section 7159.5 of this chapter. (e) (1) This section shall be operative on and after January 1, 2019, upon which date the registrar shall thereafter no longer accept alternatives in lieu of a bond, other than as provided in this section. (2) Notwithstanding any other law, in order to comply with the bonding provisions of this article, a person shall only be required to provide information consistent with the requirements for an applicant under Section 30. (f) All alternatives in lieu of a bond filed with the registrar before January 1, 2019, and any lawful money or cashier’s check deposited pursuant to paragraph (1) of subdivision (a) of Section 995.710 of the Code of Civil Procedure after January 1, 2019, shall be subject to the following limitations periods: (1) Any action, other than an action to recover wages or fringe benefits, against a deposit given in lieu of a contractor’s bond or bond of a qualifying individual filed by an active licensee shall be brought within three years after the expiration of the license period during which the act or omission occurred, or within three years of the date the license of the active licensee was inactivated, canceled, or revoked by the board, whichever occurs first. (2) Any action, other than an action to recover wages or fringe benefits, against a deposit given in lieu of a disciplinary bond filed by an active licensee pursuant to Section 7071.8 shall be brought within three years after the expiration of the license period during which the act or omission occurred, or within three years of the date the license of the active licensee was inactivated, canceled, or revoked by the board, or within three years after the last date for which a deposit given in lieu of a disciplinary bond filed pursuant to Section 7071.8 was required, whichever date is first. (3) A claim to recover wages or fringe benefits shall be brought within six months from the date that the wage or fringe benefit delinquencies were discovered, but in no event shall a civil action thereon be brought later than two years from the date the wage or fringe benefit contributions were due. (g) In any case in which a claim is filed against an alternative given in lieu of a bond filed with the registrar before January 1, 2019, or deposited with the registrar pursuant to subdivision (a), by any employee or by an employee organization on behalf of an employee, concerning wages or fringe benefits based upon the employee’s employment, claims for the nonpayment shall be filed with the Labor Commissioner. The Labor Commissioner shall, pursuant to the authority vested by Section 96.5 of the Labor Code, conduct hearings to determine whether or not the wages or fringe benefits should be paid to the complainant. Upon a finding by the commissioner that the wages or fringe benefits should be paid to the complainant, the commissioner shall notify the registrar of the findings. The registrar shall not make payment from the deposit on the basis of findings by the commissioner for a period of 10 days following determination of the findings. If, within the period, the complainant or the contractor files written notice with the registrar and the commissioner of an intention to seek judicial review of the findings pursuant to Section 11523 of the Government Code, the registrar shall not make payment if an action is actually filed, except as determined by the court. If, thereafter, no action is filed within 60 days following determination of findings by the commissioner, the registrar shall make payment from the deposit to the complainant. (h) Legal fees may not be charged by the board against any alternative given in lieu of a bond filed with the registrar before January 1, 2019, or deposited with the registrar pursuant to subdivision (a). In addition, the board shall not be liable for any legal fees or costs in any action, as described in subdivision (c), against any deposit authorized under this section, regardless of when it was filed with the registrar. (Amended by Stats. 2025, Ch. 265, Sec. 1. (AB 521) Effective January 1, 2026.)
  123. 7071.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A required contractor’s bond must be executed by an admitted surety, be in favor of the State of California, use a form acceptable to the registrar, and be filed with the registrar by the licensee or applicant.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.5. The contractor’s bond required by this article shall be executed by an admitted surety in favor of the State of California, in a form acceptable to the registrar and filed with the registrar by the licensee or applicant. The contractor’s bond shall be for the benefit of the following: (a) A homeowner contracting for home improvement upon the homeowner’s personal family residence damaged as a result of a violation of this chapter by the licensee. (b) A property owner contracting for the construction of a single-family dwelling who is damaged as a result of a violation of this chapter by the licensee. That property owner shall only recover under this subdivision if the single-family dwelling is not intended for sale or offered for sale at the time the damages were incurred. (c) A person damaged as a result of a willful and deliberate violation of this chapter by the licensee, or by the fraud of the licensee in the execution or performance of a construction contract. (d) An employee of the licensee damaged by the licensee’s failure to pay wages. (e) A person or entity, including a laborer described in subdivision (b) of Section 8024 of the Civil Code, to which a portion of the compensation of an employee of a licensee is paid by agreement with that employee or the collective bargaining agent of that employee, damaged as the result of the licensee’s failure to pay fringe benefits for its employees, including, but not limited to, employer payments described in Section 1773.1 of the Labor Code and regulations thereunder (without regard to whether the work was performed on a private or public work). Damage to a person or entity under this subdivision is limited to actual employer payments required to be made on behalf of employees of the licensee, as part of the overall compensation of those employees, which the licensee fails to pay. (Amended by Stats. 2010, Ch. 697, Sec. 2. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  124. 7071.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    The board must require a $25,000 contractor’s bond for issuance, renewal, reinstatement, reactivation, or continued maintenance of a license, with a limited exception for inactive licenses and a conditional option to require a doubled bond.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.6. (a) The board shall require as a condition precedent to the issuance, reinstatement, reactivation, renewal, or continued maintenance of a license, that the applicant or licensee file or have on file a contractor’s bond in the sum of twenty-five thousand dollars ($25,000). (b) Excluding the claims brought by the beneficiaries specified in subdivision (a) of Section 7071.5, the aggregate liability of a surety on claims brought against a bond required by this section shall not exceed the sum of seven thousand five hundred dollars ($7,500). The bond proceeds in excess of seven thousand five hundred dollars ($7,500) shall be reserved exclusively for the claims of the beneficiaries specified in subdivision (a) of Section 7071.5. However, nothing in this section shall be construed so as to prevent any beneficiary specified in subdivision (a) of Section 7071.5 from claiming or recovering the full measure of the bond required by this section. (c) A bond shall not be required of a holder of a license that has been inactivated on the official records of the board during the period the license is inactive. (d) Notwithstanding any other law, as a condition precedent to licensure, the board may require an applicant to post a contractor’s bond in twice the amount required pursuant to subdivision (a) until the time that the license is renewed, under the following conditions: (1) The applicant has either been convicted of a violation of Section 7028 or has been cited pursuant to Section 7028.7. (2) If the applicant has been cited pursuant to Section 7028.7, the citation has been reduced to a final order of the registrar. (3) The violation of Section 7028, or the basis for the citation issued pursuant to Section 7028.7, constituted a substantial injury to the public. (e) This section shall become operative on January 1, 2023. (Repealed (in Sec. 16) and added by Stats. 2021, Ch. 367, Sec. 17. (SB 607) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)
  125. 7071.6.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    For a limited liability company license, the board requires a $100,000 surety bond before certain license actions, and the bond must be filed with the registrar by the applicant or licensee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.6.5. (a) The board shall require, as a condition precedent to the issuance, reissuance, reinstatement, reactivation, renewal, or continued valid use of a limited liability company license, that the applicant or licensee file or have on file a surety bond in the sum of one hundred thousand dollars ($100,000). (b) The bond required by this section shall be executed by an admitted surety in favor of the State of California, in a form acceptable to the registrar and filed with the registrar, electronically or otherwise, by the applicant or licensee. (c) The bond required by this section shall be for the benefit of any employee damaged by his or her employer’s failure to pay wages, interest on wages, or fringe benefits and is intended to serve as an additional safeguard for workers employed by or contracted to work for a limited liability company. (d) If an applicant or licensee subject to subdivision (a) is also a party to a collective bargaining agreement, the bond required by this section shall also cover, in addition to the coverage described in subdivision (c), welfare fund contributions, pension fund contributions, and apprentice program contributions. (e) The bond required by this section shall not be applicable to a licensee whose license has been inactivated on the official records of the board during the period the license is inactive. (Added by Stats. 2010, Ch. 698, Sec. 13. (SB 392) Effective January 1, 2011.)
  126. 7071.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    The registrar must accept certain required bonds and reinstate the related license if the bond is received within 90 days, or even later if the licensee shows the delay was beyond their control.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.7. (a) Except as provided in subdivision (b), the registrar shall accept a bond required by Section 7071.6, 7071.6.5, 7071.8, or 7071.9 as of the effective date shown on the bond, if the bond is received by the registrar within 90 days after that date, and shall reinstate the license to which the bond pertains, if otherwise eligible, retroactive to the effective date of the bond. (b) Notwithstanding subdivision (a), the registrar shall accept a bond as of the effective date shown on the bond, even if the bond is not received by the registrar within 90 days after that date, upon a showing by the licensee, on a form acceptable to the registrar, that the failure to have a bond on file was due to circumstances beyond the control of the licensee. The registrar shall reinstate the license to which the bond pertains, if otherwise eligible, retroactive to the effective date of the bond. (Amended by Stats. 2010, Ch. 698, Sec. 14. (SB 392) Effective January 1, 2011.)
  127. 7071.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    For certain license applications and disciplinary-license situations, the board must require a contractor’s bond, and the applicant or licensee must keep the bond on file with the registrar.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.8. (a) This section applies to an application for a license, for renewal or restoration of a license, an application to change officers or members of a corporation or a limited liability company, or for continued valid use of a license which has been disciplined, whether or not the disciplinary action has been stayed, made by any of the following persons or firms: (1) A person whose license has been suspended or revoked as a result of disciplinary action, or a person who was a qualifying individual for a licensee at any time during which cause for disciplinary action occurred resulting in suspension or revocation of the licensee’s license, whether or not the qualifying individual had knowledge or participated in the prohibited act or omission. (2) A person who was an officer, director, manager, partner, or member of the personnel of record of a licensee at any time during which cause for disciplinary action occurred resulting in suspension or revocation of the licensee’s license and who had knowledge of or participated in the act or omission which was the cause for the disciplinary action. (3) A partnership, corporation, limited liability company, firm, or association of which an existing or new officer, director, manager, partner, qualifying person, or member of the personnel of record has had a license suspended or revoked as a result of disciplinary action. (4) A partnership, corporation, limited liability company, firm, or association of which a member of the personnel of record, including, but not limited to, an officer, director, manager, partner, or qualifying person was, likewise, a manager, officer, director, or partner of a licensee at any time during which cause for disciplinary action occurred resulting in suspension or revocation of the license, and who had knowledge of or participated in the act or omission which was the cause for the disciplinary action. (b) The board shall require as a condition precedent to the issuance, reissuance, renewal, or restoration of a license to the applicant, or to the approval of an application to change officers of a corporation or a limited liability company, or removal of suspension, or to the continued valid use of a license which has been suspended or revoked, but which suspension or revocation has been stayed, that the applicant or licensee file or have on file a contractor’s bond in a sum to be fixed by the registrar based upon the seriousness of the violation, but which sum shall not be less than twenty-five thousand dollars ($25,000) nor more than 10 times that amount required by Section 7071.6. (c) The bond is in addition to, may not be combined with, and does not replace any other type of bond required by this chapter. The bond shall remain on file with the registrar for a period of at least two years and for any additional time that the registrar determines. The bond period shall run only while the license is current, active, and in good standing, and shall be extended until the license has been current, active, and in good standing for the required period. Each applicant or licensee shall be required to file only one disciplinary contractor’s bond of the type described in this section for each application or license subject to this bond requirement. (d) This section shall become operative on January 1, 2023. (Repealed (in Sec. 18) and added by Stats. 2021, Ch. 367, Sec. 19. (SB 607) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)
  128. 7071.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    Some qualifying individuals must keep a $25,000 bond on file to support license issuance and continuation, with exceptions for certain tribes and exemptions for some corporate or LLC owners who meet ownership and certification conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7071.9. (a) (1) If the qualifying individual, as referred to in Sections 7068 and 7068.1, is neither the proprietor, a general partner, nor a joint licensee, the qualifying individual shall file or have on file a qualifying individual’s bond as provided in Section 7071.10 in the sum of twenty-five thousand dollars ($25,000). This bond is in addition to, and shall not be combined with, any contractor’s bond required by Sections 7071.5 to 7071.8, inclusive, and is required for the issuance, reinstatement, reactivation, or continued valid use of a license. (2) This subdivision shall not apply to a federally recognized tribe or a participating tribe. (b) Excluding the claims brought by the beneficiaries specified in paragraph (1) of subdivision (a) of Section 7071.10, the aggregate liability of a surety on claims brought against the bond required by this section shall not exceed the sum of seven thousand five hundred dollars ($7,500). The bond proceeds in excess of seven thousand five hundred dollars ($7,500) shall be reserved exclusively for the claims of the beneficiaries specified in paragraph (1) of subdivision (a) of Section 7071.10. However, nothing in this section shall be construed to prevent any beneficiary specified in paragraph (1) of subdivision (a) of Section 7071.10 from claiming or recovering the full measure of the bond required by this section. This bond is in addition to, and shall not be combined with, any contractor’s bond required by Sections 7071.5 to 7071.8, inclusive, and is required for the issuance, reinstatement, reactivation, or continued valid use of a license. (c) The responsible managing officer of a corporation shall not be required to file or have on file a qualifying individual’s bond, if the responsible managing officer owns 10 percent or more of the voting stock of the corporation and certifies to that fact on a form prescribed by the registrar. (d) The qualifying individual for a limited liability company shall not be required to file or have on file a qualifying individual’s bond if the qualifying individual owns at least a 10-percent membership interest in the limited liability company and certifies to that fact on a form prescribed by the registrar. (Amended by Stats. 2024, Ch. 485, Sec. 9. (SB 1455) Effective January 1, 2025.)
  129. 7072.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    The registrar must notify an applicant within 15 days after application approval that a license may be issued, and must issue the license once the initial license fee is paid.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7072. Following receipt of the application fee and an application furnishing complete information in the manner required by the registrar, and after such examination and investigation as he may require, the registrar, within 15 days after approval of the application, shall notify the applicant that a license may be issued to him on payment of the initial license fee provided in Article 8 (commencing at Section 7135), and, when the initial license fee is paid, shall issue a license to him permitting him to engage in business as a contractor under the terms of this chapter. (Amended by Stats. 1970, Ch. 340.)
  130. 7072.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    License cards must be issued when a license is granted, and card holders must surrender the card after suspension, revocation, or denial of renewal, or after leaving the licensee; related cards must be sent to the board within five days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7072.5. (a) Upon the issuance of a license, a plasticized pocket card of a size, design, and content as may be determined by the registrar shall be issued at no cost to each licensee, or to the partners, managers, officers, or responsible managing officers of licensees licensed as other than individuals, which card shall be evidence that the licensee is duly licensed pursuant to this chapter. All cards issued shall be surrendered upon the suspension, revocation, or denial of renewal of the license, and shall be mailed or delivered to the board within five days of the suspension, revocation, or denial. (b) When a person to whom a card is issued terminates his or her position, office, or association with a licensee that is licensed as other than an individual, that person shall surrender his or her card to the licensee and within five days thereafter the card shall be mailed or delivered by the licensee to the board for cancellation. (Amended by Stats. 2010, Ch. 698, Sec. 20. (SB 392) Effective January 1, 2011.)
  131. 7073.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    The registrar may deny certain contractor license applications, but if denial is based on a crime-related ground, the board must tell the applicant when they may reapply and provide rehabilitation criteria. The registrar may also issue a probationary license instead of denying licensure, but it cannot be renewed while a related proceeding is pending.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7073. (a) The registrar may deny any application for a license or supplemental classification where the applicant has failed to comply with any rule or regulation adopted pursuant to this chapter or where there are grounds for denial under Section 480. Procedures for denial of an application shall be conducted in accordance with Section 485. (b) When the board has denied an application for a license on grounds that the applicant has committed a crime substantially related to qualifications, functions, or duties of a contractor, it shall, in its decision or in its notice under subdivision (b) of Section 485, inform the applicant of the earliest date on which the applicant may reapply for a license. The board shall develop criteria, similar to the criteria developed to evaluate rehabilitation, to establish the earliest date on which the applicant may reapply. The date set by the registrar shall not be more than five years from the effective date of the decision or service of notice under subdivision (b) of Section 485. (c) The board shall inform an applicant that all competent evidence of rehabilitation shall be considered upon reapplication. (d) Along with the decision or notice under subdivision (b) of Section 485, the board shall serve a copy of the criteria for rehabilitation formulated under Section 482. (e) In lieu of denying licensure as authorized under this section, the registrar may issue an applicant a probationary license with terms and conditions. During the probationary period, if information is brought to the attention of the registrar regarding any act or omission of the licensee constituting grounds for discipline or denial of licensure for which the registrar determines that revocation of the probationary license would be proper, the registrar shall notify the applicant to show cause within 30 days why the probationary license should not be revoked. The proceedings shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the registrar shall have all the powers granted therein. A probationary license shall not be renewed during any period in which any proceeding brought pursuant to this section is pending. (Amended by Stats. 2005, Ch. 280, Sec. 7. Effective January 1, 2006.)
  132. 7074.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    An application for certain contractor licenses becomes void if the applicant misses listed deadlines or withdraws or fails to complete required filings.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7074. (a) Except as otherwise provided by this section, an application for an original license, for an additional classification, or for a change of qualifier shall become void when: (1) The applicant or the examinee for the applicant has failed to achieve a passing grade in the qualifying examination within 18 months after the application has been deemed acceptable by the board. (2) The applicant for an original license, after having been notified to do so, fails to pay the initial license fee within 90 days from the date of the notice. (3) The applicant, after having been notified to do so, fails to file within 90 days from the date of the notice any bond or lawful money or cashier’s check deposited pursuant to paragraph (1) of subdivision (a) of Section 995.710 of the Code of Civil Procedure or other documents that may be required for issuance or granting pursuant to this chapter. (4) After filing, the applicant withdraws the application. (5) The applicant fails to return the application rejected by the board for insufficiency or incompleteness within 90 days from the date of original notice or rejection. (6) The application is denied after disciplinary proceedings conducted in accordance with the provisions of this code. (b) The void date on an application may be extended up to 90 days or one examination may be rescheduled without a fee upon documented evidence by the applicant that the failure to complete the application process or to appear for an examination was due to a medical emergency or other circumstance beyond the control of the applicant. (c) An application voided pursuant to this section shall remain in the possession of the registrar for the period as he or she deems necessary and shall not be returned to the applicant. Any reapplication for a license shall be accompanied by the fee fixed by this chapter. (Amended by Stats. 2018, Ch. 925, Sec. 4. (AB 3126) Effective January 1, 2019.)
  133. 7075.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    A licensee must display the license at the main office or chief place of business and must provide proof of the license and its current renewal when asked.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7075. The license shall be displayed in the licensee’s main office or chief place of business. Satisfactory evidence of the possession of a license and the current renewal thereof shall be provided by the licensee upon demand. (Amended by Stats. 1990, Ch. 1326, Sec. 4. Effective September 26, 1990.)
  134. 7075.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    This section says a license cannot be transferred to another person or entity, and it limits when a license number may be reissued or reassigned.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7075.1. (a) No license, regardless of type or classification, shall be transferable to any other person or entity under any circumstances. (b) A license number may be reissued after cancellation, revocation, suspension, or expiration beyond the renewal period specified in Section 7141, only under the following circumstances: (1) To an individual upon application. (2) To a partnership upon application if there is no change in the partners or partnership structure. (3) To a corporation upon application if there is no change in the status of the corporation as registered with the Secretary of State. (4) To a limited liability company upon application if there is no change in the status of the company as registered with the Secretary of State. (c) A license number may be reissued or reassigned to a different entity only under the following conditions: (1) To a corporation when the parent corporation has merged or created a subsidiary, the subsidiary has merged into the parent corporation, or the corporation has changed its filing status with the Secretary of State from a domestic corporation to a foreign corporation or from a foreign corporation to a domestic corporation, and the new entity is being formed to continue the business of the formerly licensed corporation. (2) To a limited liability company when the parent limited liability company has merged or created a subsidiary, the subsidiary has merged into the parent limited liability company, or the limited liability company has changed its filing status with the Secretary of State from a domestic limited liability company to a foreign limited liability company or from a foreign limited liability company to a domestic limited liability company, and the new entity is being formed to continue the business of the formerly licensed limited liability company. (3) To an individual when the individual is an immediate family member of a licensed individual who is deceased or absent and the license is required to continue an existing family contracting business. (4) To a corporation or limited liability company when created by immediate members of an individual licensee’s family to continue an existing deceased or absent individual licensee’s contracting business. (5) To a corporation or limited liability company when the corporation or limited liability company is formed by an individual licensee and the individual licensee maintains ownership directly or indirectly of shares or membership interests evidencing more than 50 percent of the voting power. (6) To a limited liability company that is formed by a corporation to continue the business of the corporation subsequent to the cancellation of the corporate entity’s license, provided the personnel listed for each entity are the same. (d) For purposes of this section, an immediate family member of a deceased or absent licensed individual is either a spouse, father, mother, brother, sister, son, daughter, stepson, stepdaughter, grandson, granddaughter, son-in-law, or daughter-in-law. (Amended by Stats. 2017, Ch. 573, Sec. 29. (SB 800) Effective January 1, 2018.)
  135. 7076.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    This section says certain contractor licenses are canceled when specified events happen, and it requires written notice to the registrar or board within 90 days in several cases.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7076. (a) An individual license shall be canceled upon the death of a person licensed as an individual. An immediate member of the family of the deceased licensee may request a continuance of the license to complete projects in progress and undertake new work for a reasonable amount of time to be determined by rules of the board. The request for a continuance must be made in writing and received at the board’s headquarters office within 90 days after the death. Approval of the continuance of an individual license may be contingent upon meeting the bond requirements of Sections 7071.5 and 7071.6 within 90 days of notification by the board of that requirement. The immediate member of the family must apply for and obtain his or her own license to continue contracting after the continuance expires. (b) A partnership license shall be canceled upon the death of a general partner. The remaining partner or partners shall notify the registrar in writing within 90 days of the death of a general partner. Failure to notify the registrar within 90 days of the death is grounds for disciplinary action. The remaining general partner or partners may request a continuance of the license to complete projects in progress and undertake new work for a reasonable amount of time to be determined by rules of the board. The request for a continuance must be made in writing and received at the board’s headquarters office within 90 days after the death. The remaining general partner or partners must apply for and obtain a new license to continue contracting after the continuance expires. (c) A partnership license shall be canceled upon the disassociation of a general partner or upon the dissolution of the partnership. The disassociating partner or the remaining partner or partners shall notify the registrar in writing within 90 days of the disassociation of a general partner or dissolution of the partnership. Failure to notify the registrar of the disassociation or dissolution within 90 days shall cause the license to be canceled effective the date the written notification is received at the board’s headquarters office. Failure to notify the registrar within 90 days of the disassociation or dissolution is grounds for disciplinary action. The remaining general partner or partners may request a continuance of the license to complete projects contracted for or in progress prior to the date of disassociation or dissolution for a reasonable length of time to be determined by rules of the board. The request for a continuance must be made in writing and received at the board’s headquarters office within 90 days after the disassociation or dissolution. The remaining general partner or partners must apply for and obtain a new license to undertake new work and to continue contracting after the continuance expires. (d) The general partner or partners shall notify the registrar in writing within 90 days of the death of a limited partner. Failure to notify the registrar within 90 days of the death is grounds for disciplinary action. The death of a limited partner will not affect the partnership license unless the partnership license has only one limited partner. In this case, the license will be canceled upon the death of the limited partner unless a new limited partner is added to the license within 90 days of the death. If the license is canceled, the remaining general partner or partners may request a continuance of the license to complete projects in progress and to undertake new work for a reasonable amount of time to be determined by rules of the board. The request for a continuance must be made in writing and received at the board’s headquarters office within 90 days after the death. The remaining general partner or partners must apply for and obtain a new license to continue contracting after the continuance expires. (e) The general partner or partners shall notify the registrar in writing within 90 days of the disassociation of a limited partner. Failure to notify the registrar of the disassociation, within 90 days, shall cause the disassociation to be effective the date the written notification is received at the board’s headquarters office. Failure to notify the registrar within 90 days of the disassociation is grounds for disciplinary action. The disassociation of a limited partner will not affect the partnership license unless the partnership license has only one limited partner. In this case, the license will be canceled upon the disassociation of the limited partner unless a new limited partner is added to the license within 90 days of the disassociation. If the license is canceled, the remaining general partner or partners may request a continuance of the license to complete projects contracted for or in progress prior to the date of disassociation for a reasonable amount of time to be determined by rules of the board. The request for a continuance must be made in writing and received at the board’s headquarters office within 90 days after the disassociation. The remaining general partner or partners must apply for and obtain a new license to undertake new work and to continue contracting after the continuance expires. (f) A joint venture license shall be canceled upon the cancellation, revocation, or disassociation of any of its entity licenses or upon the dissolution of the joint venture. The registrar shall be notified in writing within 90 days of the disassociation of a joint venture entity or dissolution of the joint venture. Failure to notify the registrar of the disassociation or dissolution within 90 days shall cause the license to be canceled effective the date the written notification is received at the board’s headquarters office. Failure to notify the registrar within 90 days of the disassociation or dissolution is grounds for disciplinary action. Any remaining entity or entities may request a continuance of the license to complete projects contracted for or in progress prior to the date of disassociation or dissolution for a reasonable amount of time to be determined by rules of the board. The request for a continuance must be made in writing and received at the board’s headquarters office within 90 days of the disassociation or dissolution. The remaining entity or entities must apply for and obtain a new license to undertake new work and to continue contracting after the continuance expires. (g) Any individual, partnership, or joint venture license continued in accordance with this section is subject to all other provisions of this chapter. (h) A corporation license shall be canceled upon the corporation’s dissolution, merger, or surrender of its right to do business in this state. The corporation or participating tribe shall notify the registrar in writing within 90 days of the dissolution, merger, or surrender. Failure to notify the registrar of the dissolution, merger, or surrender within 90 days shall cause the license to be canceled effective the date written notification is received at the board’s headquarters office. If the corporation or participating tribe fails to notify the board of the dissolution, merger, or surrender, the corporation license shall be canceled 60 days after the board’s discovery when researching the relevant corporate records. Failure to notify the registrar within 90 days of the dissolution, merger, or surrender is grounds for disciplinary action. (i) A limited liability company license shall be canceled upon the company’s dissolution, merger, or surrender of its right to do business in this state. The limited liability company shall notify the registrar in writing within 90 days of the dissolution, merger, or surrender. Failure to notify the registrar of the dissolution, merger, or surrender within 90 days shall cause the license to be canceled effective the date written notification is received at the board’s headquarters office. If the limited liability company fails to notify the board of the dissolution, merger, or surrender, the limited liability company license shall be canceled 60 days after the board’s discovery when researching the records of the Secretary of State. Failure to notify the registrar within 90 days of the dissolution, merger, or surrender is grounds for disciplinary action. (j) The registrar shall review and accept the petition of a licensee who disputes the date of cancellation upon a showing of good cause. This petition shall be received within 90 days of the board’s official notice of cancellation. (Amended by Stats. 2024, Ch. 485, Sec. 10. (SB 1455) Effective January 1, 2025.)
  136. 7076.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    If a licensee voluntarily surrenders a license, the registrar must cancel it. Reinstating a canceled license requires paying all fees and meeting the chapter’s original-license qualifications and requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7076.1. Upon the voluntary surrender of a license by a licensee, the registrar shall order the license canceled. Cancellation will be effected upon receipt of the request by the registrar. No refund will be made of any fee which a licensee may have paid prior to the surrender of the license. To reinstate a canceled license the licensee must pay all of the fees and meet all of the qualifications and requirements set forth in this chapter for obtaining an original license. (Added by Stats. 1975, Ch. 329.)
  137. 7076.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    A contractor corporation or LLC must stay registered and in good standing with the Secretary of State after notice from the registrar, or the license is automatically suspended.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7076.2. (a) Notwithstanding any other provision of law, the failure of a contractor licensed to do business as a corporation or limited liability company in this state to be registered and in good standing with the Secretary of State after notice from the registrar shall result in the automatic suspension of the license by operation of law. The registrar shall notify the licensee in writing of its failure to be registered and in good standing with the Secretary of State and that the licensee shall be suspended 30 days from the date of the notice if the licensee does not provide proof satisfactory to the registrar that it is properly registered and in good standing with the Secretary of State. Reinstatement may be made at any time following the suspension by providing proof satisfactory to the registrar that the license is properly registered and in good standing. (b) Where the license of a limited liability company is suspended pursuant to subdivision (a), each person within the company identified in Section 7028.5 shall be personally liable up to one million dollars ($1,000,000) each for damages resulting to third parties in connection with the company’s performance, during the period of suspension, of any act or contract where a license is required by this chapter. This personal liability shall not apply where there has been substantial compliance with the licensure requirements, as described in subdivision (e) of Section 7031. (c) This section shall not apply to a federally recognized tribe or a participating tribe. (Amended by Stats. 2024, Ch. 485, Sec. 11. (SB 1455) Effective January 1, 2025.)
  138. 7076.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    This section lets a contractor put a license into inactive status and explains how to renew, reactivate, and use an inactive license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7076.5. (a) A contractor may inactivate their license by submitting a form prescribed by the registrar accompanied by the current active license certificate. When the current license certificate has been lost, the licensee shall pay the fee prescribed by law to replace the license certificate. Upon receipt of an acceptable application to inactivate, the registrar shall issue an inactive license certificate to the contractor. The holder of an inactive license shall not be entitled to practice as a contractor until their license is reactivated. (b) Any licensed contractor who is not engaged in work or activities which require a contractor’s license may apply for an inactive license. (c) Inactive licenses shall be valid for a period of four years from their due date. (d) During the period that an existing license is inactive, no bonding requirement pursuant to Section 7071.6, 7071.8, or 7071.9, qualifier requirement pursuant to Section 7068, or workers’ compensation requirements pursuant to Section 7125 shall apply. An applicant for licensure having met the qualifications for issuance may request that the license be issued inactive unless the applicant is subject to the provisions of Section 7071.8. (e) The board shall not refund any of the renewal fee which a licensee may have paid prior to the inactivation of their license. (f) An inactive license shall be renewed on each established renewal date by submitting the renewal application and paying the inactive renewal fee. (g) An inactive license may be reactivated by submitting an application acceptable to the registrar, by paying the full renewal fee for an active license and by fulfilling all other requirements of this chapter. No examination shall be required to reactivate an inactive license. (h) The inactive status of a license shall not bar any disciplinary action by the board against a licensee for any of the causes stated in this chapter. (Amended by Stats. 2025, Ch. 592, Sec. 18. (SB 861) Effective January 1, 2026.)
  139. 7077.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. )

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    Original licenses are probationary until renewed, and the registrar can require the applicant to show cause before revoking one.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 5. Licensing [7065 - 7077] ( Article 5 added by Stats. 1939, Ch. 37. ) ## 7077. Every original license, except an additional classification issued pursuant to Section 7059, shall be a probationary license until such time as the license is renewed. If information is brought to the attention of the registrar, during such probationary period, regarding any act or omission of the licensee constituting grounds for denial, revocation, or suspension of an application or license, such that, in the registrar’s discretion, it would be proper to revoke the probationary license, the registrar shall forthwith notify the applicant to show cause within not more than 30 days, why the probationary license should not be revoked. The proceedings shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the registrar shall have all the powers granted therein. A probationary license shall not be renewed during the pendency of any proceedings brought pursuant to this section. (Added by Stats. 1979, Ch. 1013.)
  140. 7080.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6. Records [7080.5 - 7084] ( Article 6 added by Stats. 1939, Ch. 37. )

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    When the registrar accepts an application, the registrar must publicly post the applicant’s name and address, the classifications applied for, and the names and titles of signing personnel the next day in the Contractors State License Board office in Sacramento.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6. Records [7080.5 - 7084] ( Article 6 added by Stats. 1939, Ch. 37. ) ## 7080.5. When an application has been accepted by the registrar, the name and address of the applicant, every classification for which the applicant has applied, and the names and titles of all personnel who have signed the application shall be publicly posted by the registrar, on the day following acceptance, in the office of the Contractors State License Board in Sacramento. (Amended by Stats. 2020, Ch. 312, Sec. 59. (SB 1474) Effective January 1, 2021.)
  141. 7081.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6. Records [7080.5 - 7084] ( Article 6 added by Stats. 1939, Ch. 37. )

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    The registrar must publish a list of contractor names and addresses and certain license information when funds are available.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6. Records [7080.5 - 7084] ( Article 6 added by Stats. 1939, Ch. 37. ) ## 7081. Whenever funds are available for the purpose, the registrar shall publish a list of the names and addresses of contractors, registered under this chapter and of the licenses issued, suspended or revoked, and such further information with respect to this chapter and its administration as he deems proper. He may furnish the lists to such public works and building departments, public officials or public bodies, and other persons interested in or allied with the building and construction industry in this or any other State as he deems advisable and, at such intervals as he deems necessary whenever funds are available. Copies of the lists may also be furnished by the registrar upon request to any firm or individual upon payment of a reasonable fee fixed by the registrar. (Added by Stats. 1939, Ch. 37.)
  142. 7082.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6. Records [7080.5 - 7084] ( Article 6 added by Stats. 1939, Ch. 37. )

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    The registrar may publish and share information about administering and enforcing this chapter, if funds are available.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6. Records [7080.5 - 7084] ( Article 6 added by Stats. 1939, Ch. 37. ) ## 7082. Whenever funds are available for the purpose, the registrar may publish and disseminate to licentiates of the board, and public officials or other persons interested in or allied with the building and construction industry, such information with relation to the administration and enforcement of this chapter as he deems necessary to carry out its purposes. (Added by Stats. 1939, Ch. 37.)
  143. 7083.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6. Records [7080.5 - 7084] ( Article 6 added by Stats. 1939, Ch. 37. )

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    Licensees must tell the registrar in writing, on the prescribed form, within 90 days after any change to information recorded under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6. Records [7080.5 - 7084] ( Article 6 added by Stats. 1939, Ch. 37. ) ## 7083. (a) Notwithstanding any other law, licensees shall notify the registrar, on a form prescribed by the registrar, in writing within 90 days of any change to information recorded under this chapter. This notification requirement shall include, but not be limited to, changes in business address, personnel, business name, qualifying individual bond exemption pursuant to Section 7071.9, or exemption to qualify multiple licenses pursuant to Section 7068.1. (b) Failure of the licensee to notify the registrar of any change to information within 90 days shall cause the change to be effective the date the written notification is received at the board’s headquarters office. (c) Failure to notify the registrar of the changes within the 90 days is grounds for disciplinary action. (Amended by Stats. 2015, Ch. 430, Sec. 5. (AB 181) Effective January 1, 2016.)
  144. 7083.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6. Records [7080.5 - 7084] ( Article 6 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Certain licensees must tell the registrar in writing about an address-of-record change within 90 days and keep a current address of record for five years after the license expires or is canceled.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6. Records [7080.5 - 7084] ( Article 6 added by Stats. 1939, Ch. 37. ) ## 7083.1. A licensee whose license is expired or suspended, and is renewable under Section 7141, or whose license is canceled, shall notify the registrar in writing of a change of address of record within 90 days, and shall maintain a current address of record during the five-year period immediately following the expiration or cancellation of the license. (Amended by Stats. 2007, Ch. 240, Sec. 2. Effective January 1, 2008.)
  145. 7083.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6. Records [7080.5 - 7084] ( Article 6 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Applicants, registrants, and licensees with a valid email address must report it to the board at application or renewal, and the board generally may not disclose it except if a court orders disclosure.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6. Records [7080.5 - 7084] ( Article 6 added by Stats. 1939, Ch. 37. ) ## 7083.2. (a) An applicant for licensure or registration that has a valid email address shall report to the board that email address at the time of application. (b) A registrant or licensee that has a valid email address shall report that email address to the board at the time of renewal. (c) To protect the privacy of applicants, registrants, and licensees, the email address provided to the board pursuant to subdivisions (a) and (b) shall not be considered a public record and shall not be disclosed pursuant to Section 27 or pursuant to a request under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), unless required by an order of a court of competent jurisdiction. (d) Information sent from an email account of the board to a valid email address provided by an applicant, registrant, or licensee is presumed to have been delivered to the email address provided. (e) For the purposes of this section, “valid email address” means an email address at which the applicant, registrant, or licensee is currently receiving email at the time the application, registration, or license renewal is submitted to the board. (Added by Stats. 2023, Ch. 153, Sec. 1. (SB 630) Effective January 1, 2024.)
  146. 7084.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6. Records [7080.5 - 7084] ( Article 6 added by Stats. 1939, Ch. 37. )

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    The registrar may adopt and publish rules and regulations, but only with the director’s approval.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6. Records [7080.5 - 7084] ( Article 6 added by Stats. 1939, Ch. 37. ) ## 7084. The registrar, with the approval of the director may adopt and promulgate the rules and regulations he deems necessary to carry out the provisions of this article. (Added by Stats. 1939, Ch. 37.)
  147. 7085.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6.2. Arbitration [7085 - 7085.9] ( Article 6.2 added by Stats. 1979, Ch. 1013, Sec. 16. )

    Verify source ↗

    The registrar may send certain contractor-related complaints and related disputes to arbitration if specific conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6.2. Arbitration [7085 - 7085.9] ( Article 6.2 added by Stats. 1979, Ch. 1013, Sec. 16. ) ## 7085. (a) After investigating any verified complaint alleging a violation of Section 7107, 7109, 7110, 7113, 7119, or 7120, and any complaint arising from a contract involving works of improvement and finding a possible violation, the registrar may, with the concurrence of both the licensee and the complainant, refer the alleged violation, and any dispute between the licensee and the complainant arising thereunder, to arbitration pursuant to this article, provided the registrar finds that: (1) There is evidence that the complainant has suffered or is likely to suffer material damages as a result of a violation of Section 7107, 7109, 7110, 7113, 7119, or 7120, and any complaint arising from a contract involving works of improvement. (2) There are reasonable grounds for the registrar to believe that the public interest would be better served by arbitration than by disciplinary action. (3) The licensee does not have a history of repeated or similar violations. (4) The licensee was in good standing at the time of the alleged violation. (5) The licensee does not have any outstanding disciplinary actions filed against him or her. (6) The parties have not previously agreed to private arbitration of the dispute pursuant to contract or otherwise. (7) The parties have been advised of the provisions of Section 2855 of the Civil Code. For the purposes of paragraph (1), “material damages” means damages greater than the amount of the bond required under subdivision (a) of Section 7071.6, but less than fifty thousand dollars ($50,000). (b) In all cases in which a possible violation of the sections set forth in paragraph (1) of subdivision (a) exists and the contract price, or the demand for damages is equal to or less than the amount of the bond required under Section 7071.6, but, regardless of the contract price, the complaint shall be referred to arbitration, utilizing the criteria set forth in paragraphs (2) to (6), inclusive, of subdivision (a). (Amended by Stats. 2005, Ch. 280, Sec. 8. Effective January 1, 2006.)
  148. 7085.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6.2. Arbitration [7085 - 7085.9] ( Article 6.2 added by Stats. 1979, Ch. 1013, Sec. 16. )

    Verify source ↗

    An arbitrator may render an award, and the award is treated as an order of the registrar.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6.2. Arbitration [7085 - 7085.9] ( Article 6.2 added by Stats. 1979, Ch. 1013, Sec. 16. ) ## 7085.2. An arbitrator may render an award and that award shall be deemed to be an order of the registrar. (Added by Stats. 1987, Ch. 1311, Sec. 2. Effective September 28, 1987.)
  149. 7085.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6.2. Arbitration [7085 - 7085.9] ( Article 6.2 added by Stats. 1979, Ch. 1013, Sec. 16. )

    Verify source ↗

    If the registrar finds administrative arbitration suitable, the registrar must notify the complainant and licensee, explain the consequences and counsel rights, and send an agreement to arbitrate. The parties must return the agreement within 30 calendar days of mailing, which authorizes the registrar to proceed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6.2. Arbitration [7085 - 7085.9] ( Article 6.2 added by Stats. 1979, Ch. 1013, Sec. 16. ) ## 7085.3. Once the registrar determines that arbitration pursuant to subdivision (a) of Section 7085 would be a suitable means of resolving the dispute, the registrar shall notify the complainant and the licensee of this decision. The registrar shall also notify the complainant of the consequences of selecting administrative arbitration over judicial remedies and advise the parties of their rights to retain counsel at their own expense. The registrar shall forward an “agreement to arbitrate” to the complainant and the licensee. This agreement shall be returned to the registrar within 30 calendar days of the date that the agreement is mailed by the registrar. The return of this agreement by the parties shall authorize the registrar to proceed with administrative arbitration. (Amended by Stats. 1989, Ch. 1132, Sec. 3. Effective September 30, 1989.)
  150. 7085.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6.2. Arbitration [7085 - 7085.9] ( Article 6.2 added by Stats. 1979, Ch. 1013, Sec. 16. )

    Verify source ↗

    The registrar must send arbitration notices and related information to the complainant and licensee, and the complainant must return the notice within 30 calendar days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6.2. Arbitration [7085 - 7085.9] ( Article 6.2 added by Stats. 1979, Ch. 1013, Sec. 16. ) ## 7085.4. (a) For cases that the registrar determines to refer to arbitration under subdivision (a) of Section 7085, once the complainant and the licensee authorize the registrar to proceed with administrative arbitration, the registrar shall refer the agreement to arbitrate to an arbitrator or an arbitration association approved by the board. (b) Once the registrar determines that a complaint must be referred to arbitration pursuant to subdivision (b) of Section 7085, the registrar shall notify the complainant and the licensee of that decision. The registrar shall inform the parties of the consequences of administrative arbitration over judicial remedies and shall advise the parties of their right to retain counsel at their own expense if they so choose. The registrar shall forward a notice to arbitrate to the complainant and the licensee. This notice shall be returned to the registrar within 30 calendar days of the date that the notice is mailed by the registrar. The complainant’s failure to return an executed copy of the notice shall result in the closure of the complaint. Notwithstanding Section 7085.5, a licensee’s failure to return an executed copy of the notice shall not prohibit the registrar from referring the dispute to arbitration or bar the registrar from issuing an order enforcing any award resulting therefrom, pursuant to Section 7085.6, whether the award resulted from a contested hearing or a noncontested hearing. (Amended by Stats. 1989, Ch. 1132, Sec. 4. Effective September 30, 1989.)
  151. 7085.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6.2. Arbitration [7085 - 7085.9] ( Article 6.2 added by Stats. 1979, Ch. 1013, Sec. 16. )

    Verify source ↗

    This section sets rules for contractor arbitration cases handled by the board or an appointed arbitration association.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6.2. Arbitration [7085 - 7085.9] ( Article 6.2 added by Stats. 1979, Ch. 1013, Sec. 16. ) ## 7085.5. Arbitrations of disputes arising out of cases filed with or by the board shall be conducted in accordance with the following rules: (a) All “agreements to arbitrate” shall include the names, addresses, and telephone numbers of the parties to the dispute, the issue in dispute, and the amount in dollars or any other remedy sought. The appropriate fee shall be paid by the board from the Contractors License Fund. (b) (1) The board or appointed arbitration association shall appoint an arbitrator in the following manner: immediately after the filing of the agreement to arbitrate, the board or appointed arbitration association shall submit simultaneously to each party to the dispute, an identical list of names of persons chosen from the panel. Each party to the dispute shall have seven days from the mailing date in which to cross off any names to which it objects, number the remaining names to indicate the order of preference, and return the list to the board or appointed arbitration association. If a party does not return the list within the time specified, all persons named in the list are acceptable. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the board or appointed arbitration association shall appoint an arbitrator to serve. If the parties fail to agree on any of the parties named, if acceptable arbitrators are unable to act, or if, for any other reason, the appointment cannot be made from the submitted lists, the board or appointed arbitration association shall have the power to make the appointment from among other members of the panel without the submission of any additional lists. Each dispute shall be heard and determined by one arbitrator unless the board or appointed arbitration association, in its discretion, directs that a greater number of arbitrators be appointed. (2) In all cases in which a complaint has been referred to arbitration pursuant to subdivision (b) of Section 7085, the board or the appointed arbitration association shall have the power to appoint an arbitrator to hear the matter. (3) The board shall adopt regulations setting minimum qualification standards for listed arbitrators based upon relevant training, experience, and performance. (c) No person shall serve as an arbitrator in any arbitration in which that person has any financial or personal interest in the result of the arbitration. Prior to accepting an appointment, the prospective arbitrator shall disclose any circumstances likely to prevent a prompt hearing or to create a presumption of bias. Upon receipt of that information, the board or appointed arbitration association shall immediately replace the arbitrator or communicate the information to the parties for their comments. Thereafter, the board or appointed arbitration association shall determine whether the arbitrator should be disqualified and shall inform the parties of its decision, which shall be conclusive. (d) The board or appointed arbitration association may appoint another arbitrator if a vacancy occurs, or if an appointed arbitrator is unable to serve in a timely manner. (e) (1) The board or appointed arbitration association shall provide the parties with a list of the times and dates, and locations of the hearing to be held. The parties shall notify the arbitrator, within seven calendar days of the mailing of the list, of the times and dates convenient to each party. If the parties fail to respond to the arbitrator within the seven-day period, the arbitrator shall fix the time, place, and location of the hearing. An arbitrator may, at the arbitrator’s sole discretion, make an inspection of the construction site which is the subject of the arbitration. The arbitrator shall notify the parties of the time and date set for the inspection. Any party who so desires may be present at the inspection. (2) The board or appointed arbitration association shall fix the time, place, and location of the hearing for all cases referred to arbitration pursuant to subdivision (b) of Section 7085. An arbitrator may, at the arbitrator’s sole discretion, make an inspection of the construction site which is the subject of the arbitration. The arbitrator shall notify the parties of the time and date set for the inspection. Any party who desires may be present at the inspection. (f) Any person having a direct interest in the arbitration is entitled to attend the hearing. The arbitrator shall otherwise have the power to require the exclusion of any witness, other than a party or other essential person, during the testimony of any other witness. It shall be discretionary with the arbitrator to determine the propriety of the attendance of any other person. (g) Hearings shall be adjourned by the arbitrator only for good cause. (h) A record is not required to be taken of the proceedings. However, any party to the proceeding may have a record made at its own expense. The parties may make appropriate notes of the proceedings. (i) The hearing shall be conducted by the arbitrator in any manner which will permit full and expeditious presentation of the case by both parties. Consistent with the expedited nature of arbitration, the arbitrator shall establish the extent of, and schedule for, the production of relevant documents and other information, the identification of any witnesses to be called, and a schedule for any hearings to elicit facts solely within the knowledge of one party. The complaining party shall present its claims, proofs, and witnesses, who shall submit to questions or other examination. The defending party shall then present its defenses, proofs, and witnesses, who shall submit to questions or other examination. The arbitrator has discretion to vary this procedure but shall afford full and equal opportunity to the parties for the presentation of any material or relevant proofs. (j) The arbitration may proceed in the absence of any party who, after due notice, fails to be present. The arbitrator shall require the attending party to submit supporting evidence in order to make an award. An award for the attending party shall not be based solely on the fact that the other party has failed to appear at the arbitration hearing. (k) The arbitrator shall be the sole judge of the relevancy and materiality of the evidence offered and conformity to legal rules of evidence shall not be required. (l) The arbitrator may receive and consider documentary evidence. Documents to be considered by the arbitrator may be submitted prior to the hearing. However, a copy shall be simultaneously transmitted to all other parties and to the board or appointed arbitration association for transmittal to the arbitrator or board appointed arbitrator. (m) The arbitrator shall specifically inquire of the parties whether they have any further proofs to offer or witnesses to be heard. Upon receiving negative replies, the arbitrator shall declare the hearing closed and minutes thereof shall be recorded. If briefs are to be filed, the hearing shall be declared closed as of the final date set by the arbitrator for the receipt of briefs. If documents are to be filed as requested by the arbitrator and the date set for their receipt is later than that set for the receipt of briefs, the later date shall be the date of closing the hearings. The time limit within which the arbitrator is required to make the award shall commence to run, in the absence of other agreements by the parties, upon the closing of the hearings. (n) The hearing may be reopened on the arbitrator’s own motion. (o) Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has not been complied with, and who fails to state their objections to the arbitrator in writing, within 10 calendar days of close of hearing, shall be deemed to have waived their right to object. (p) (1) Except as provided in paragraph (2), any papers or process necessary or proper for the initiation or continuation of an arbitration under these rules and for any court action in connection therewith, or for the entry of judgment on an award made thereunder, may be served upon any party (A) by regular mail addressed to that party or their attorney at the party’s last known address, or (B) by personal service. (2) Notwithstanding paragraph (1), in all cases referred to arbitration pursuant to subdivision (b) of Section 7085 in which the contractor fails or refuses to return an executed copy of the notice to arbitrate within the time specified, any papers or process specified in paragraph (1) to be sent to the contractor, including the notice of hearing, shall be mailed by certified mail to the contractor’s address of record. (q) The award shall be made promptly by the arbitrator, and unless otherwise agreed by the parties, no later than 30 calendar days from the date of closing the hearing, closing a reopened hearing, or if oral hearing has been waived, from the date of transmitting the final statements and proofs to the arbitrator. The arbitrator may for good cause extend any period of time established by these rules, except the time for making the award. The arbitrator shall notify the parties of any extension and the reason therefor. (r) (1) The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable and within the scope of the board’s referral and the requirements of the board. The arbitrator, in their sole discretion, may award costs or expenses. (2) The amendments made in paragraph (1) during the 2003–04 Regular Session shall not be interpreted to prevent an arbitrator from awarding a complainant all direct costs and expenses for the completion or repair of the project. (s) The award shall become final 30 calendar days from the date the arbitration award is issued. The arbitrator, upon written application of a party to the arbitration, may correct the award upon the following grounds: (1) There was an evident miscalculation of figures or an evident mistake in the description of any person, things, or property referred to in the award. (2) There is any other clerical error in the award, not affecting the merits of the controversy. An application for correction of the award shall be made within 10 calendar days of the date of service of the award by serving a copy of the application on the arbitrator, and all other parties to the arbitration. Any party to the arbitration may make a written objection to the application for correction by serving a copy of the written objection on the arbitrator, the board, and all other parties to the arbitration, within 10 calendar days of the date of service of the application for correction. The arbitrator shall either deny the application or correct the award within 30 calendar days of the date of service of the original award by mailing a copy of the denial or correction to all parties to the arbitration. Any appeal from the denial or correction shall be filed with a court of competent jurisdiction and a true copy thereof shall be filed with the arbitrator or appointed arbitration association within 30 calendar days after the award has become final. The award shall be in writing, and shall be signed by the arbitrator or a majority of them. If no appeal is filed within the 30-calendar day period, it shall become a final order of the registrar. (t) Service of the award by certified mail shall be effective if a certified letter containing the award, or a true copy thereof, is mailed by the arbitrator or arbitration association to each party or to a party’s attorney of record at their last known address, address of record, or by personally serving any party. Service may be proved in the manner authorized in civil actions. (u) The board shall pay the expenses of one expert witness appointed by the board when the services of an expert witness are requested by either party involved in arbitration pursuant to this article and the case involves workmanship issues that are itemized in the complaint and have not been repaired or replaced. Parties who choose to present the findings of another expert witness as evidence shall pay for those services. Payment for expert witnesses appointed by the board shall be limited to the expert witness costs for inspection of the problem at the construction site, preparation of the expert witness’ report, and expert witness fees for appearing or testifying at a hearing. All requests for payment to an expert witness shall be submitted on a form that has been approved by the registrar. All requests for payment to an expert witness shall be reviewed and approved by the board prior to payment. The registrar shall advise the parties that names of industry experts may be obtained by requesting this information from the registrar. (v) The arbitrator shall interpret and apply these rules insofar as they relate to their powers and duties. (w) The following shall apply as to court procedure and exclusion of liability: (1) The board, the appointed arbitration association, or any arbitrator in a proceeding under these rules is not a necessary party in judicial proceedings relating to the arbitration. (2) Parties to these rules shall be deemed to have consented that judgment upon the arbitration award may be entered in any federal or state court having jurisdiction thereof. (3) The board, the appointed arbitration association, or any arbitrator is not liable to any party for any act or omission in connection with any arbitration conducted under these rules. (Amended by Stats. 2020, Ch. 312, Sec. 60. (SB 1474) Effective January 1, 2021.)
  152. 7085.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6.2. Arbitration [7085 - 7085.9] ( Article 6.2 added by Stats. 1979, Ch. 1013, Sec. 16. )

    Verify source ↗

    If a licensee does not comply with an arbitration award, the license can be automatically suspended, and later revoked if not reinstated in time.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6.2. Arbitration [7085 - 7085.9] ( Article 6.2 added by Stats. 1979, Ch. 1013, Sec. 16. ) ## 7085.6. (a) (1) The failure of a licensee to comply with an arbitration award rendered under this article shall result in the automatic suspension of a license by operation of law. (2) The registrar shall notify the licensee by certified mail of the failure to comply with the arbitrator’s award, and that the license shall be automatically suspended 30 calendar days from the date of that notice. (3) The licensee may appeal the suspension for noncompliance within 15 calendar days after service of the notice by written notice to the registrar. (4) Reinstatement may be made at any time following the suspension by complying with the arbitrator’s award and the final order of the registrar. If no reinstatement of the license is made within 90 days of the date of the automatic suspension, the license and any other contractor’s license issued to the licensee shall be automatically revoked by operation of law for a period to be determined by the registrar pursuant to Section 7102. (5) The registrar may delay, for good cause, the revocation of a contractor’s license for failure to comply with the arbitration award. The delay in the revocation of the license shall not exceed one year. When seeking a delay of the revocation of his or her license, a licensee shall apply to the registrar in writing prior to the date of the revocation of the licensee’s license by operation of law and state the reasons that establish good cause for the delay. The registrar’s power to grant a delay of the revocation shall expire upon the effective date of the revocation of the licensee’s license by operation of law. (b) The licensee shall be automatically prohibited from serving as an officer, director, associate, partner, manager, or qualifying individual of another licensee, for the period determined by the registrar and the employment, election, or association of that person by another licensee shall constitute grounds for disciplinary action. A qualifier disassociated pursuant to this section shall be replaced within 90 days from the date of disassociation. Upon failure to replace the qualifier within 90 days of the disassociation, the license of the other licensee shall be automatically suspended or the qualifier’s classification removed at the end of the 90 days. (Amended by Stats. 2010, Ch. 698, Sec. 24. (SB 392) Effective January 1, 2011.)
  153. 7085.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6.2. Arbitration [7085 - 7085.9] ( Article 6.2 added by Stats. 1979, Ch. 1013, Sec. 16. )

    Verify source ↗

    A complainant may enforce an arbitrator’s award under the referenced civil procedure chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6.2. Arbitration [7085 - 7085.9] ( Article 6.2 added by Stats. 1979, Ch. 1013, Sec. 16. ) ## 7085.7. A complainant may enforce an arbitrator’s award in accordance with Chapter 2 (commencing with Section 1285) of Title 9 of Part 3 of the Code of Civil Procedure. (Repealed and added by Stats. 1987, Ch. 1311, Sec. 8. Effective September 28, 1987.)
  154. 7085.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6.2. Arbitration [7085 - 7085.9] ( Article 6.2 added by Stats. 1979, Ch. 1013, Sec. 16. )

    Verify source ↗

    A complaint sent to arbitration under Section 7085 may not be disclosed to the public until the registrar starts an investigation into an alleged violation of Section 7085.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 6.2. Arbitration [7085 - 7085.9] ( Article 6.2 added by Stats. 1979, Ch. 1013, Sec. 16. ) ## 7085.9. Notwithstanding any other provision of law, a complaint referred to arbitration pursuant to Section 7085 is not subject to disclosure to the public until such time as an investigation into an alleged violation of Section 7085.6 has been initiated by the registrar. (Added by Stats. 1988, Ch. 1035, Sec. 2.)
  155. 7090.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    The registrar can investigate applicants, contractors, and home improvement salespeople, and can discipline or revoke licenses for qualifying misconduct.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7090. The registrar may upon his or her own motion and shall upon the verified complaint in writing of any person, investigate the actions of any applicant, contractor, or home improvement salesperson within the state and may deny the licensure or the renewal of licensure of, or cite, temporarily suspend, or permanently revoke any license or registration if the applicant, licensee, or registrant, is guilty of or commits any one or more of the acts or omissions constituting causes for disciplinary action. The registrar may proceed to take disciplinary action as in this article provided against an applicant or a person licensed or registered under the provisions of this chapter even though the grounds or cause for such disciplinary action arose upon projects or while the applicant, licensee, or registrant was acting in a capacity or under circumstances or facts which, under the provisions of Sections 7044, 7045, 7046, and 7048, would otherwise exempt the person or his or her operations from the provisions of this chapter. Notwithstanding any provision of this chapter, if the registrar finds that any contractor licensed or registered under the provisions of this chapter has willfully and deliberately violated any state or local law relating to the issuance of building permits, other than failure to obtain a county or city permit for repair, maintenance, and adjustment of equipment where such repair, maintenance, or adjustment is valued at less than five hundred dollars ($500) for labor or materials, or where the repair of a part or component part of mechanical equipment consists of replacing such part or component part of mechanical equipment in need of repair with the identical part or component part, the registrar shall take disciplinary action against the contractor’s license in accordance with this chapter. For the purpose of this section, there shall be a rebuttable presumption affecting the burden of proof that construction performed without a permit is a willful and deliberate violation. For the purposes of this section, with respect to administrative proceedings or hearings to suspend or revoke a contractor’s license, the registrar at all times shall have the burden of proof to establish by clear and convincing evidence that he or she is entitled to the relief sought in the petition. (Amended by Stats. 2010, Ch. 698, Sec. 25. (SB 392) Effective January 1, 2011.)
  156. 7090.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    If a cited contractor fails to pay a civil penalty or comply with a final correction order, the license is automatically suspended; later nonreinstatement can lead to automatic revocation and related work-role restrictions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7090.1. (a) (1) Notwithstanding any other provisions of law, the failure to pay a civil penalty, or to comply with an order of correction or an order to pay a specified sum to an injured party in lieu of correction once the order has become final, shall result in the automatic suspension of a license by operation of law 30 days after noncompliance with the terms of the order. (2) The registrar shall notify the licensee in writing of the failure to comply with the final order and that the license shall be suspended 30 days from the date of the notice. (3) The licensee may contest the determination of noncompliance within 15 days after service of the notice, by written notice to the registrar. Upon receipt of the written notice, the registrar may reconsider the determination and after reconsideration may affirm or set aside the suspension. (4) Reinstatement may be made at any time following the suspension by complying with the final order of the citation. If no reinstatement of the license is made within 90 days of the date of the automatic suspension, the cited license and any other contractor’s license issued to the licensee shall be automatically revoked by operation of law for a period to be determined by the registrar pursuant to Section 7102. (5) The registrar may delay, for good cause, the revocation of a contractor’s license for failure to comply with the final order of the citation. The delay in the revocation of the license shall not exceed one year. When seeking a delay of the revocation of his or her license, a licensee shall apply to the registrar in writing prior to the date of the revocation of the licensee’s license by operation of law and state the reasons that establish good cause for the delay. The registrar’s power to grant a delay of the revocation shall expire upon the effective date of the revocation of the licensee’s license by operation of law. (b) The cited licensee shall also be automatically prohibited from serving as an officer, director, associate, partner, manager, or qualifying individual of another licensee, for the period determined by the registrar, and the employment, election, or association of that person by a licensee shall constitute grounds for disciplinary action. A qualifier disassociated pursuant to this section shall be replaced within 90 days of the date of disassociation. Upon failure to replace the qualifier within 90 days of the prohibition, the license of the other licensee shall be automatically suspended or the qualifier’s classification removed at the end of the 90 days. (Amended by Stats. 2010, Ch. 698, Sec. 26. (SB 392) Effective January 1, 2011.)
  157. 7090.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Correcting a problem does not, by itself, stop the registrar from disciplining a licensee for a fraudulent act or repeated disciplinary acts.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7090.5. In the event a licensee commits a fraudulent act which is a ground for disciplinary action under Section 7116 of this article, the correction of any condition resulting from such act shall not in and of itself preclude the registrar from taking disciplinary action under this article. If the registrar finds a licensee has engaged in repeated acts which would be grounds for disciplinary action under this article, and if by correction of conditions resulting from those acts the licensee avoided disciplinary action as to each individual act, the correction of those conditions shall not in and of itself preclude the registrar from taking disciplinary action under this article. (Amended by Stats. 1978, Ch. 985.)
  158. 7091.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This section sets filing deadlines for contractor disciplinary complaints and actions, including different time limits for patent acts, latent acts, fraud or misrepresentation, criminal convictions, and warranty breaches.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7091. (a) (1) A complaint against a licensee alleging commission of any patent acts or omissions that may be grounds for legal action shall be filed in writing with the registrar within four years after the act or omission alleged as the ground for the disciplinary action. (2) A disciplinary action against a licensee relevant to this subdivision shall be filed or a referral to the arbitration program outlined in Section 7085 shall be referred within four years after the patent act or omission alleged as the ground for disciplinary action or arbitration or within 18 months from the date of the filing of the complaint with the registrar, whichever is later. (b) (1) A complaint against a licensee alleging commission of any latent acts or omissions that may be grounds for legal action pursuant to subdivision (a) of Section 7109 regarding structural defects, as defined by regulation, shall be filed in writing with the registrar within 10 years after the act or omission alleged as the ground for the disciplinary action. (2) A disciplinary action against a licensee relevant to this subdivision shall be filed within 10 years after the latent act or omission alleged as the ground for disciplinary action or within 18 months from the date of the filing of the complaint with the registrar, whichever is later. As used in this subdivision “latent act or omission” means an act or omission that is not apparent by reasonable inspection. (c) A disciplinary action alleging a violation of Section 7112 shall be filed within two years after the discovery by the registrar or by the board of the alleged facts constituting the fraud or misrepresentation prohibited by the section. (d) With respect to a licensee who has been convicted of a crime and, as a result of that conviction is subject to discipline under Section 7123, the disciplinary action shall be filed within two years after the discovery of the conviction by the registrar or by the board. (e) A disciplinary action regarding an alleged breach of an express, written warranty issued by the contractor shall be filed not later than 18 months from the expiration of the warranty. (f) The proceedings under this article shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the registrar shall have all the powers granted therein. (g) Nothing in this section shall be construed to affect the liability of a surety or the period of limitations prescribed by law for the commencement of actions against a surety or lawful money or cashier’s check deposited pursuant to paragraph (1) of subdivision (a) of Section 995.710 of the Code of Civil Procedure. (Amended by Stats. 2018, Ch. 925, Sec. 5. (AB 3126) Effective January 1, 2019.)
  159. 7095.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A disciplinary decision may suspend a contractor license, let unfinished contracts be completed, impose compliance terms, and delay restoration until those terms are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7095. (a) The decision may: (1) Provide for the immediate complete suspension by the licensee of all operations as a contractor during the period fixed by the decision. (2) Permit the licensee to complete any or all contracts shown by competent evidence taken at the hearing to be then uncompleted. (3) Impose upon the licensee compliance with such specific terms and conditions as may be just in connection with the licensee’s operations as a contractor disclosed at the hearing and may further provide that until those terms and conditions are complied with no application for restoration of the suspended or revoked license shall be accepted by the registrar. (4) (A) Provide for the stay of execution of the decision pending completion of specified terms and conditions of probation. (B) Failure to fully comply with the terms and conditions of probation set pursuant to subparagraph (A) may result in automatic termination of the stay of execution without further notice. If a stay of execution is terminated pursuant to this subparagraph, the decision shall be considered a disciplinary action within the meaning of this chapter. (b) The specific terms and conditions imposed pursuant to paragraph (3) or (4) of subdivision (a) may include, but are not limited to, any of the following: (1) Payment of restitution to persons injured as a result of the violation. (2) Payment of the costs of investigation and enforcement pursuant to Section 125.3. (3) Enrollment in, and completion of, specified administrative or trade-specific coursework. (4) Successful completion of the board’s law and business examination or trade examination, as appropriate. (5) Any further terms and conditions as are set forth for specified violations in the board’s disciplinary guidelines in Section 871 of Title 16 of the California Code of Regulations. (Amended by Stats. 2023, Ch. 153, Sec. 2. (SB 630) Effective January 1, 2024.)
  160. 7096.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This section defines who counts as a “licensee” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7096. For the purposes of this chapter, the term “licensee” shall include an individual, partnership, corporation, limited liability company, joint venture, or any combination or organization licensed under this chapter, and shall also include any named responsible managing officer, responsible managing manager, responsible managing member, or personnel of that licentiate whose appearance has qualified the licentiate under the provisions of Section 7068. (Amended by Stats. 2010, Ch. 698, Sec. 27. (SB 392) Effective January 1, 2011.)
  161. 7097.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    If the registrar has already suspended a license under specified provisions, the registrar may suspend related additional licenses without further notice, despite Sections 7121 and 7122.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7097. Notwithstanding the provisions of Sections 7121 and 7122, when any license has been suspended by a decision of the registrar pursuant to an accusation or pursuant to subdivision (b) of Section 7071.17, Section 7085.6 or 7090.1, any additional license issued under this chapter in the name of the licensee or for which the licensee furnished qualifying experience and appearance under the provisions of Section 7068, may be suspended by the registrar without further notice. (Amended by Stats. 1995, Ch. 467, Sec. 11. Effective January 1, 1996.)
  162. 7098.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    If a license has already been revoked under this chapter, the registrar may revoke any additional license covered by the chapter without giving further notice.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7098. Notwithstanding the provisions of Sections 7121 and 7122, when any license has been revoked under the provisions of this chapter, any additional license issued under this chapter in the name of the licensee or for which the licensee furnished qualifying experience and appearance under the provisions of Section 7068, may be revoked by the registrar without further notice. (Amended by Stats. 1995, Ch. 467, Sec. 12. Effective January 1, 1996.)
  163. 7099.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    If the registrar has probable cause after an investigation, the registrar may issue a written citation to a licensee or applicant, and the citation must describe the violation specifically.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7099. If, upon investigation, the registrar has probable cause to believe that a licensee, or an applicant for a license under this chapter, has committed any acts or omissions which are grounds for denial, revocation, or suspension of license, he or she may, in lieu of proceeding pursuant to this article, issue a citation to the licensee or applicant. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provisions alleged to have been violated. In addition, each citation may contain an order of correction fixing a reasonable time for correction of the violation or an order, against the licensee only, for payment of a specified sum to an injured party in lieu of correction, and may contain an assessment of a civil penalty. (Amended by Stats. 1987, Ch. 930, Sec. 7. Effective September 22, 1987.)
  164. 7099.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    The board must adopt regulations for orders of correction and consider both the time needed to make the correction and whether correction is practical.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7099.1. The board shall promulgate regulations covering the formulation of an order of correction which gives due consideration to the time required to correct and the practical feasibility of correction. (Added by Stats. 1979, Ch. 1013, Sec. 18.)
  165. 7099.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    The registrar may cite certain unlicensed or improperly licensed advertising violations, require correction, and trigger telephone service disconnection if the order is ignored.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7099.10. (a) If, upon investigation, the registrar has probable cause to believe that a licensee, an applicant for a license, or an unlicensed individual acting in the capacity of a contractor who is not otherwise exempted from the provisions of this chapter, has violated Section 7027.1 by advertising for construction or work of improvement covered by this chapter in an alphabetical or classified directory, without being properly licensed, the registrar may issue a citation under Section 7099 containing an order of correction which requires the violator to cease the unlawful advertising and to notify the telephone company furnishing services to the violator to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising, and that subsequent calls to that number shall not be referred by the telephone company to any new telephone number obtained by that person. (b) If the person to whom a citation is issued under subdivision (a) notifies the registrar that he or she intends to contest the citation, the registrar shall afford an opportunity for a hearing, as specified in Section 7099.5, within 90 days after receiving the notification. (c) If the person to whom a citation and order of correction is issued under subdivision (a) fails to comply with the order of correction after the order is final, the registrar shall inform the Public Utilities Commission of the violation, and the Public Utilities Commission shall require the telephone corporation furnishing services to that person to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising. (d) The good faith compliance by a telephone corporation with an order of the Public Utilities Commission to terminate service issued pursuant to this section shall constitute a complete defense to any civil or criminal action brought against the telephone corporation arising from the termination of service. (Amended by Stats. 1992, Ch. 294, Sec. 3. Effective January 1, 1993.)
  166. 7099.11.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A person may not advertise asbestos removal services unless certified and registered, and the ad must show the certification and registration numbers and use the same registered name.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7099.11. (a) No person shall advertise, as that term is defined in Section 7027.1, to promote his or her services for the removal of asbestos unless he or she is certified to engage in asbestos-related work pursuant to Section 7058.5, and registered for that purpose pursuant to Section 6501.5 of the Labor Code. Each advertisement shall include that person’s certification and registration numbers and shall use the same name under which that person is certified and registered. (b) The registrar shall issue a notice to comply with the order of correction provisions of subdivision (a) of Section 7099.10, to any person who is certified and registered, as described in subdivision (a), and who fails to include in any advertisement his or her certification and registration numbers. (c) The registrar shall issue a citation pursuant to Section 7099 to any person who fails to comply with the notice required by subdivision (b), or who advertises to promote his or her services for the removal of asbestos but does not possess valid certification and registration numbers as required by subdivision (a), or who fails to use in that advertisement the same name under which he or she is certified and registered. Citations shall be issued and conducted pursuant to Sections 7099 to 7099.10, inclusive. (Amended by Stats. 1992, Ch. 294, Sec. 4. Effective January 1, 1993.)
  167. 7099.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A licensee or licensure applicant served with a citation under Section 7099 may appeal to the registrar within 15 working days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7099.3. Any licensee or applicant for licensure served with a citation pursuant to Section 7099, may appeal to the registrar within 15 working days from service of the citation with respect to violations alleged by the registrar, correction periods, amount of penalties, and the reasonableness of the change required by the registrar to correct the condition. (Amended by Stats. 1984, Ch. 606, Sec. 2.)
  168. 7099.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A licensee or licensure applicant must tell the registrar within 15 working days if they intend to contest a citation; otherwise the citation becomes a final order and cannot be reviewed by a court or agency.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7099.4. If within 15 working days from service of the citation issued by the registrar, the licensee or applicant for licensure fails to notify the registrar that he or she intends to contest the citation, the citation shall be deemed a final order of the registrar and not be subject to review by any court or agency. The 15-day period may be extended by the registrar for cause. (Amended by Stats. 1984, Ch. 606, Sec. 3.)
  169. 7099.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    If a licensee or licensure applicant says they want to contest a citation, the registrar must give a hearing and then issue a fact-based decision.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7099.5. If a licensee or applicant for licensure notifies the registrar that he or she intends to contest a citation issued under Section 7099, the registrar shall afford an opportunity for a hearing. The registrar shall thereafter issue a decision, based on findings of fact, affirming, modifying, or vacating the citation or penalty, or directing other appropriate relief. The proceedings under this section shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the registrar shall have all the powers granted therein. (Amended by Stats. 1984, Ch. 606, Sec. 4.)
  170. 7099.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    If a licensee or license applicant fails to comply with a final citation, the person may face suspension, revocation, or denial of the license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7099.6. (a) The failure of a licensee to comply with a citation after it is final is a ground for suspension or revocation of license. (b) The failure of an applicant for licensure to comply with a citation after it is final is a ground for denial of license. (Amended by Stats. 1986, Ch. 1205, Sec. 2.)
  171. 7099.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    No order for payment of a civil penalty may be made against a bond required under Sections 7071.5 to 7071.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7099.7. No order for payment of a civil penalty shall be made against any bond required pursuant to Sections 7071.5 to 7071.8. (Added by Stats. 1979, Ch. 1013, Sec. 24.)
  172. 7099.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A cited person who wants to contest the citation must request an administrative hearing within 15 days after service, or may instead request an informal citation conference within the same 15-day period.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7099.8. (a) Notwithstanding any other law, if a person cited pursuant to Section 7028.7 or 7099 wishes to contest the citation, that person shall, within 15 days after service of the citation, file in writing a request for an administrative hearing as provided pursuant to Section 7028.12 or 7099.5. (b) (1) In addition to, or instead of, requesting an administrative hearing pursuant to subdivision (a), the person cited pursuant to Section 7028.7 or 7099 may, within 15 days after service of the citation, contest the citation by submitting a written request for an informal citation conference to the chief of the enforcement division or a designee. (2) Upon receipt of a written request for an informal citation conference, the chief of the enforcement division or a designee shall, within 60 days of the request, hold an informal citation conference with the person requesting the conference. The cited person may be accompanied and represented by an attorney or other authorized representative. (3) If an informal citation conference is held, the request for an administrative hearing shall be deemed withdrawn and the chief of the enforcement division, or a designee, may affirm, modify, or dismiss the citation at the conclusion of the informal citation conference. If so affirmed or modified, the citation originally issued shall be considered withdrawn and an affirmed or modified citation, including reasons for the decision, shall be issued. The affirmed or modified citation shall be mailed to the cited person and that person’s counsel, if any, within 10 days of the date of the informal citation conference. (4) If a cited person wishes to contest a citation affirmed or modified pursuant to paragraph (3), the person shall, within 30 days after service of the modified or affirmed citation, contest the affirmed or modified citation by submitting a written request for an administrative hearing to the chief of the enforcement division or a designee. An informal citation conference shall not be held for affirmed or modified citations. (c) The citation conference is informal and shall not be subject to the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) of, or Chapter 5 (commencing with Section 11500) of Part 1 of, Division 3 of Title 2 of the Government Code). (Amended by Stats. 2019, Ch. 497, Sec. 12. (AB 991) Effective January 1, 2020.)
  173. 7099.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    The registrar may issue a letter of admonishment instead of a citation, and the affected licensee, registrant, or applicant can request an office conference or comply with the letter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7099.9. (a) If, upon investigation, the registrar has probable cause to believe that a licensee, registrant, or applicant has committed acts or omissions that are grounds for denial, suspension, or revocation of a license or registration, the registrar, or their designee, may issue a letter of admonishment to an applicant, licensee, or registrant in lieu of issuing a citation. Nothing in this article shall in any way limit the registrar’s discretionary authority or ability to issue a letter of admonishment as prescribed by this subdivision. (b) The letter of admonishment shall be in writing and shall describe in detail the nature and facts of the violation, including a reference to the statutes or regulations violated. The letter of admonishment shall inform the licensee, registrant, or applicant that within 30 days of service of the letter of admonishment the licensee, registrant, or applicant may do either of the following: (1) Submit a written request for an office conference to the registrar to contest the letter of admonishment. Upon a timely request, the registrar, or their designee, shall hold an office conference with the licensee, registrant, or applicant and, if applicable, their legal counsel or authorized representative. (A) No individual other than the legal counsel or authorized representative of the licensee, registrant, or applicant may accompany the licensee, registrant, or applicant to the office conference. (B) Prior to or at the office conference, the licensee, registrant, or applicant may submit to the registrar declarations and documents pertinent to the subject matter of the letter of admonishment. (C) The office conference is intended to be informal and shall not be subject to the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). (D) After the office conference, the registrar, or their designee, may affirm, modify, or withdraw the letter of admonishment. Within 14 calendar days from the date of the office conference, the registrar, or their designee, shall personally serve or send the written decision by certified mail to the licensee’s, registrant’s, or applicant’s address of record. This decision shall be deemed the final administrative decision concerning the letter of admonishment. (E) Judicial review of the decision may be had by filing a petition for a writ of mandate in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure within 30 days after the date the decision was personally served or sent by certified mail. The judicial review shall extend to the question of whether or not there was a prejudicial abuse of discretion in the issuance of the letter of admonishment or in the decision after the office conference. (2) Comply with the letter of admonishment and, if required, submit a written corrective action plan to the registrar documenting compliance. If an office conference is not requested pursuant to this section, compliance with the letter of admonishment shall not constitute an admission of the violation noted in the letter of admonishment. (c) The letter of admonishment shall be served upon the licensee, registrant, or applicant personally or by certified mail at their address of record with the board. If the licensee, registrant, or applicant is served by certified mail, service shall be effective upon deposit in the United States mail. (d) The licensee, registrant, or applicant shall maintain and have readily available a copy of the letter of admonishment and corrective action plan, if any, for at least one year from the date of issuance of the letter of admonishment. (e) Nothing in this subdivision shall in any way limit the board’s authority or ability to do either of the following: (1) Issue a citation pursuant to Section 125.9, 148, or 7099. (2) Institute disciplinary proceedings pursuant to this article. (f) The issuance of a letter of admonishment shall not be construed as a disciplinary action or discipline for purposes of licensure or the reporting of discipline for licensure. (g) The board shall not issue a letter of admonishment when any one of the following factors is present: (1) The licensee, registrant, or applicant was unlicensed at the time of the violation. (2) The licensee, registrant, or applicant has a history of the same or similar violations. (3) The violation resulted in financial harm to another. (4) The victim is an elder or dependent adult as defined in Section 368 of the Penal Code. (5) The violation is related to the repair of damage caused by a natural disaster. (h) The board may adopt regulations to further define the circumstances under which a letter of admonishment may be issued. (Amended by Stats. 2021, Ch. 94, Sec. 2. (AB 569) Effective January 1, 2022.)
  174. 710.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10. Federal Personnel and Tribal Health Programs [710 - 719] ( Heading of Article 10 amended by Stats. 2012, Ch. 119, Sec. 1. )

    Verify source ↗

    California boards under this division must have methods to evaluate military education, training, and experience when it applies to the profession’s requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 10. Federal Personnel and Tribal Health Programs [710 - 719] ( Heading of Article 10 amended by Stats. 2012, Ch. 119, Sec. 1. ) ## 710. It is the policy of the State of California that, consistent with high quality health care services, persons with skills, knowledge and experience obtained in the armed services of the United States should be permitted to apply such learning and contribute to the health manpower needs of the state at the maximum level of responsibility and skill for which they are qualified. To this end, the rules and regulations of boards under this division shall provide for methods of evaluating education, training, and experience obtained in military service if such training is applicable to the requirements of that profession. (Added by Stats. 1969, Ch. 1592.)
  175. 7100.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A court may let a contractor licensee keep working while review is pending if the licensee files a proper bond; without a qualifying bond, the registrar’s decision is not stayed on appeal or review.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7100. In any proceeding for review by a court, the court may in its discretion, upon the filing of a proper bond by the licensee in an amount to be fixed by the court, but not less than one thousand dollars ($1,000) or an amount the court finds is sufficient to protect the public, whichever is greater, guaranteeing the compliance by the licensee with specific conditions imposed upon him by the registrar’s decision, if any, permit the licensee to continue to do business as a contractor pending entry of judgment by the court in the case. There shall be no stay of the registrar’s decision pending an appeal or review of any such proceeding unless the appellant or applicant for review shall file a bond in all respects conditioned as, and similar to, the bond required to stay the effect of the registrar’s decision in the first instance. (Amended by Stats. 1979, Ch. 1013.)
  176. 7102.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    After suspension, the registrar may reinstate a contractor’s license if the contractor complies with the reinstatement decision; after revocation, reinstatement or reissuance is barred for at least one year and up to five years, subject to full satisfaction of losses and compliance with revocation conditions, with a bankruptcy exception for monetary debts.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7102. After suspension of a license upon any of the grounds set forth in this chapter, the registrar may reinstate the license upon proof of compliance by the contractor with all provisions of the decision as to reinstatement or, in the absence of a decision or any provisions of reinstatement, in the sound discretion of the registrar. After revocation of a license upon any of the grounds set forth in this chapter, the license shall not be reinstated or reissued and a license shall not be issued to any member of the personnel of the revoked licensee found to have had knowledge of or participated in the acts or omissions constituting grounds for revocation, within a minimum period of one year and a maximum period of five years after the final decision of revocation and then only on proper showing that all loss caused by the act or omission for which the license was revoked has been fully satisfied and that all conditions imposed by the decision of revocation have been complied with. The board shall promulgate regulations covering the criteria to be considered when extending the minimum one-year period. The criteria shall give due consideration to the appropriateness of the extension of time with respect to the following factors: (a) The gravity of the violation. (b) The history of previous violations. (c) Criminal convictions. When any loss has been reduced to a monetary obligation or debt, however, the satisfaction of the monetary obligation or debt as a prerequisite for the issuance, reissuance, or reinstatement of a license shall not be required to the extent the monetary obligation or debt was discharged in a bankruptcy proceeding. However, any nonmonetary condition not discharged in a bankruptcy proceeding shall be complied with prior to the issuance, the reissuance, or reinstatement of the license. (Amended by Stats. 2006, Ch. 123, Sec. 1. Effective January 1, 2007.)
  177. 7103.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A contractor license may be disciplined in this state if another state has revoked, suspended, or otherwise disciplined the person’s contractor license, when the person is a licensee or applies for a license here.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7103. The revocation, suspension, or other disciplinary action of a license to act as a contractor by another state shall constitute grounds for disciplinary action in this state if the individual is a licensee, or applies for a license, in this state. A certified copy of the revocation, suspension, or other disciplinary action by the other state is conclusive evidence of that action. (Added by Stats. 1994, Ch. 1135, Sec. 3. Effective January 1, 1995.)
  178. 7104.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    When the board resolves a complaint, it must give the complainant a written notice explaining its action and reasons. It must also give the same written notice to the contractor if the contractor is licensed and doing so would not jeopardize an action or investigation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7104. When the board resolves a complaint, the board shall notify the complainant in writing of its action and the reasons for taking that action. The board shall provide the same notice in writing to the contractor provided that the contractor is licensed and the notification would not jeopardize an action or investigation that involves the contractor. (Added by Stats. 1994, Ch. 1135, Sec. 4. Effective January 1, 1995.)
  179. 7106.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A court may include license suspension or revocation in an otherwise proper action involving a contractor’s legal obligations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7106. The suspension or revocation of license as in this chapter provided may also be embraced in any action otherwise proper in any court involving the licensee’s performance of his legal obligation as a contractor. (Added by Stats. 1939, Ch. 37.)
  180. 7106.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A license expiring, being cancelled, forfeited, revoked, suspended, or voluntarily surrendered does not stop the registrar from continuing an investigation or disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7106.5. The expiration, cancellation, forfeiture, revocation, or suspension of a license by operation of law or by order or decision of the registrar or a court of law, or the voluntary surrender of a license by a licensee, shall not deprive the registrar of jurisdiction to proceed with any investigation of or action or disciplinary proceeding against the license, or to render a decision suspending or revoking the license. (Amended by Stats. 2012, Ch. 85, Sec. 2. (AB 2554) Effective January 1, 2013.)
  181. 7107.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A contractor licensee may face disciplinary action for abandoning a construction project or operation without legal excuse.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7107. Abandonment without legal excuse of any construction project or operation engaged in or undertaken by the licensee as a contractor constitutes a cause for disciplinary action. (Added by Stats. 1939, Ch. 37.)
  182. 7108.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Diverting funds or property received for a construction project, or failing to substantially account for how they were used, is grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7108. Diversion of funds or property received for prosecution or completion of a specific construction project or operation, or for a specified purpose in the prosecution or completion of any construction project or operation, or failure substantially to account for the application or use of such funds or property on the construction project or operation for which such funds or property were received constitutes a cause for disciplinary action. (Amended by Stats. 1959, Ch. 97.)
  183. 7108.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Prime contractors or subcontractors must pay subcontractors within 7 days after receiving each progress payment, unless the parties agree אחרת in writing.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7108.5. (a) A prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. (b) Any violation of this section shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made. (c) In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. (d) The sanctions authorized under this section shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. (e) This section applies to all private works of improvement and to all public works of improvement, except where Section 10262 of the Public Contract Code applies. (Amended by Stats. 2011, Ch. 700, Sec. 1. (SB 293) Effective January 1, 2012.)
  184. 7108.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Licensed contractors must pay timely submitted transportation charges for dump-truck property carriers by the 20th day after month end, unless the parties agree otherwise in writing.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7108.6. A licensed contractor is required to pay all transportation charges submitted by a duly authorized motor carrier of property in dump truck equipment by the 20th day following the last day of the calendar month in which the transportation was performed, if the charges, including all necessary documentation, are submitted by the fifth day following the last day of the calendar month in which the transportation was performed. The payment shall be made unless otherwise agreed to in writing by the contractor and by the duly authorized motor carrier of property in dump truck equipment. In the event that there is a good faith dispute over a portion of the charges claimed, the contractor may withhold payment of up to 150 percent of the disputed amount or an amount otherwise agreed to by the parties. A violation of this section constitutes a cause for disciplinary action under Section 7120 and shall also subject the contractor licensee to a penalty, payable to the carrier, of 2 percent of the amount due per month for every month that payment is outstanding. In an action for the collection of moneys not paid in accordance with this section, the prevailing party shall be entitled to his or her attorney’s fees and costs. This section applies to all private works of improvement and to all public works of improvement. (Amended by Stats. 1996, Ch. 712, Sec. 3. Effective January 1, 1997.)
  185. 7109.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Certain willful departures from construction standards or plans can be grounds for disciplinary action, with limited exceptions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7109. (a) A willful departure in any material respect from accepted trade standards for good and workmanlike construction constitutes a cause for disciplinary action, unless the departure was in accordance with plans and specifications prepared by or under the direct supervision of an architect. (b) A willful departure from or disregard of plans or specifications in any material respect, which is prejudicial to another, without the consent of the owner or his or her duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans or specifications, constitutes a cause for disciplinary action. (Amended by Stats. 1988, Ch. 1619, Sec. 4. Effective September 30, 1988.)
  186. 7109.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    Violating certain safety provisions can be grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7109.5. (a) Violation of any safety provision in, or authorized by, Article 12 (commencing with Section 3420) of Group 3 of Subchapter 7 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations constitutes a cause for disciplinary action without regard to whether death or serious injury to an employee resulted from the violation. (b) Violation of any safety provision in, or authorized by, Division 5 (commencing with Section 6300) of the Labor Code resulting in death or serious injury to an employee constitutes a cause for disciplinary action. (Amended by Stats. 2020, Ch. 128, Sec. 1. (AB 2210) Effective January 1, 2021.)
  187. 7110.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A licensee may face disciplinary action for willfully or deliberately disregarding and violating specified building, safety, labor, insurance, and related laws.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7110. Willful or deliberate disregard and violation of the building laws of the state, or of any political subdivision thereof, or of any of the following references to or provisions of law, constitutes a cause for disciplinary action against a licensee: (a) Section 8550 or 8556. (b) Sections 1689.5 to 1689.15, inclusive, of the Civil Code. (c) The safety laws or labor laws or compensation insurance laws or Unemployment Insurance Code of the state. (d) The Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code). (e) Any provision of the Health and Safety Code or Water Code, relating to the digging, boring, or drilling of water wells. (f) Any provision of Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code. (g) Section 374.3 of the Penal Code or any substantially similar law or ordinance that is promulgated by a local government agency as defined in Section 82041 of the Government Code. (h) Any state or local law relating to the issuance of building permits. (Amended by Stats. 2022, Ch. 757, Sec. 2. (AB 1747) Effective January 1, 2023.)
  188. 7110.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    Requiring someone to sign a release of any claim, or causing such a release to be signed, in violation of Labor Code Section 206.5 is grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7110.1. The requiring of an execution of release of any claim or the causing of the execution of any such release in violation of Section 206.5 of the Labor Code is a cause for disciplinary action. (Added by Stats. 1959, Ch. 1066.)
  189. 7110.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    If the registrar receives specified violation materials, the registrar must start disciplinary action against the licensee within 18 months of receipt.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7110.5. Upon receipt of a certified copy of the Labor Commissioner’s finding of a willful or deliberate violation of the Labor Code by a licensee, pursuant to Section 98.9 of the Labor Code, or upon transmission to the Contractors’ State License Board of copies of any citations or other actions taken by the Division of Occupational Safety and Health pursuant to Article 12 (commencing with Section 3420) of Group 3 of Subchapter 7 of Chapter 4 of Division 1 of Title 8 of the Code of California Regulations, the registrar shall initiate disciplinary action against the licensee within 18 months from the date of the registrar’s receipt of the violation. (Amended by Stats. 2020, Ch. 128, Sec. 2. (AB 2210) Effective January 1, 2021.)
  190. 7111.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    Contractors licensees must keep specified transaction records, keep them available for inspection for at least five years, and comply with the registrar’s written requests for records or information.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7111. (a) Failure to make and keep records showing all contracts, documents, records, receipts, and disbursements by a licensee of all of his or her transactions as a contractor, and failure to have those records available for inspection by the registrar or his or her duly authorized representative for a period of not less than five years after completion of any construction project or operation to which the records refer, or refusal by a licensee to comply with a written request of the registrar to make the records available for inspection constitutes a cause for disciplinary action. (b) Failure of a licensee, applicant, or registrant subject to the provisions of this chapter, who without lawful excuse, delays, obstructs, or refuses to comply with a written request of the registrar or designee for information or records, to provide that information or make available those records, when the information or records are required in the attempt to discharge any duty of the registrar, constitutes a cause for disciplinary action. (Amended by Stats. 1991, Ch. 1160, Sec. 33.)
  191. 7111.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A licensee’s failure or refusal to respond to a written request from the registrar to cooperate in a complaint investigation can trigger disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7111.1. The failure of, or refusal by, a licensee to respond to a written request of the registrar to cooperate in the investigation of a complaint against that licensee constitutes a cause for disciplinary action. (Added by Stats. 1984, Ch. 1174, Sec. 8.)
  192. 7112.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    An applicant or licensee who omits or misrepresents a material fact when getting, renewing, or expanding a license can face disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7112. Omission or misrepresentation of a material fact by an applicant or a licensee in obtaining, or renewing a license, or in adding a classification to an existing license constitutes a cause for disciplinary action. (Amended by Stats. 2001, Ch. 728, Sec. 61. Effective January 1, 2002.)
  193. 7112.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A classification added to a license record because an applicant or licensee omitted or misrepresented a material fact must be expunged from the record after a final order from the registrar finding a violation of Section 7112.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7112.1. Any classification that has been added to an existing license record as a result of an applicant or licensee omitting or misrepresenting a material fact shall be expunged from the license record pursuant to a final order of the registrar evidencing a violation of Section 7112. (Added by Stats. 2001, Ch. 728, Sec. 62. Effective January 1, 2002.)
  194. 7113.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A licensee may face disciplinary action for materially failing to complete a construction project or operation at the contract price, or under a contract modification.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7113. Failure in a material respect on the part of a licensee to complete any construction project or operation for the price stated in the contract for such construction project or operation or in any modification of such contract constitutes a cause for disciplinary action. (Added by Stats. 1939, Ch. 37.)
  195. 7113.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A contractor licensee’s settling or avoiding contractor debts for less than the full amount can be grounds for disciplinary action, with stated exceptions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7113.5. The avoidance or settlement by a licensee for less than the full amount of the lawful obligations of the licensee incurred as a contractor, whether by (a) composition, arrangement, or reorganization with creditors under state law, (b) composition, arrangement, or reorganization with creditors under any agreement or understanding, (c) receivership as provided in Chapter 5 (commencing at Section 564) of Title 7 of Part 2 of the Code of Civil Procedure, (d) assignment for the benefit of creditors, (e) trusteeship, or (f) dissolution, constitutes a cause for disciplinary action. This section shall not apply to an individual settlement of the obligation of a licensee by the licensee with a creditor that is not a part of or in connection with a settlement with other creditors of the licensee. No disciplinary action shall be commenced against a licensee for discharge of or settling in bankruptcy under federal law, the licensee’s lawful obligations incurred as a contractor for less than the full amount of the obligations, so long as the licensee satisfies all of those lawful obligations, to the extent the obligations are not discharged under federal law. (Amended by Stats. 2009, Ch. 500, Sec. 1. (AB 1059) Effective January 1, 2010.)
  196. 7114.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A licensee may face disciplinary action for helping an unlicensed person evade the chapter, and the registrar may order payment to an injured party if the licensee violates this rule.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7114. (a) Aiding or abetting an unlicensed person to evade the provisions of this chapter or combining or conspiring with an unlicensed person, or allowing one’s license to be used by an unlicensed person, or acting as agent or partner or associate, or otherwise, of an unlicensed person with the intent to evade the provisions of this chapter constitutes a cause for disciplinary action. (b) A licensee who is found by the registrar to have violated subdivision (a) shall, in accordance with the provisions of this article, be subject to the registrar’s authority to order payment of a specified sum to an injured party, including, but not limited to, payment for any injury resulting from the acts of the unlicensed person. (Amended by Stats. 2013, Ch. 319, Sec. 8. (SB 822) Effective January 1, 2014.)
  197. 7114.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A licensee tied to a falsified certificate or false or misleading experience claims submitted for a contractor’s license may face disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7114.1. Any licensee whose signature appears on a falsified certificate in support of an examinee’s experience qualifications, or otherwise certifying to false or misleading experience claims by an applicant, which have been submitted to obtain a contractor’s license shall be subject to disciplinary action. (Added by Stats. 1983, Ch. 891, Sec. 26.)
  198. 7114.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    A licensed or unlicensed person who violates Section 119 can face administrative remedies under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7114.2. Any licensed or unlicensed person who commits any act prohibited by Section 119 is subject to the administrative remedies authorized by this chapter. Unless otherwise expressly provided, the remedies authorized under this section shall be separate from, and in addition to, all other available remedies, whether civil or criminal. (Added by Stats. 2013, Ch. 163, Sec. 1. (SB 261) Effective January 1, 2014.)
  199. 7115.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    Failing in a material respect to comply with this chapter, related rules or regulations, or Section 7106 of the Public Contract Code can be grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7115. Failure in any material respect to comply with the provisions of this chapter, or any rule or regulation adopted pursuant to this chapter, or to comply with the provisions of Section 7106 of the Public Contract Code, constitutes a cause for disciplinary action. (Amended by Stats. 1991, Ch. 1160, Sec. 34.)
  200. 7116.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. )

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    A contractor licensee who wilfully or fraudulently acts and causes substantial injury to another may face disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 7. Disciplinary Proceedings [7090 - 7124.6] ( Article 7 added by Stats. 1939, Ch. 37. ) ## 7116. The doing of any wilful or fraudulent act by the licensee as a contractor in consequence of which another is substantially injured constitutes a cause for disciplinary action. (Added by Stats. 1939, Ch. 37.)

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