Just as the Giant’s and A’s renew their cross-Bay rivalry to open the baseball season, a contractor also makes a great ‘catch’ here. Another contractor will discover he’s been pitched a real ‘curveball’ from his past. I’ll take a ‘swing’ at hitting the ‘sweet spot’ as he already has two ‘strikes’ against him…
Q: As the “A” license qualifier for my employer, can I activate by “B” license to do small jobs on the side?
A: The Board does not allow you to “split” a license whereby one classification can be active and the other inactive. If you were required by the CSLB to inactivate your personal license as the “A” qualifier this would equally impact any other classification you hold.
Q: In a recent column you mentioned that contractors must by law have their name and license number on work trucks. What are the penalties for non-compliance? I visit job sites all the time and would say that half or more of the vehicles have no such markings.
A: Good catch! The statute, which requires all vehicles to display this information, is 7029.6. A “companion” measure, 7029.5 more specifically requires “every plumbing, electrical sign and well drilling contractor” to list their name; license number AND business address on each business vehicle. 7029.5 states that “failure to comply with this section constitutes a cause for disciplinary action” (which usually means a citation). Upon closer reading, I find there is no such penalty specified in 7029.6.
Q: I was an officer on a license several years ago. The company has since shut down. I recently applied for my own license; however, the application was rejected. The Board said that until the citation and judgment are resolved, I couldn’t get my license. I’ve had nothing to do with this company for several years and don’t know anything about either of these problems. Any suggestions?
A: My research indicates that this license has been expired for three years and the corporation is suspended with the FTB and Secretary of State. A review of CSLB records also shows that you’re still listed as an officer of record. Therefore, regarding the judgment, the CSLB holds you responsible –along with all other listed personnel who are still on the license — as of the date the judgment was issued by the Court. The CSLB will likely require you to pay off the judgment in order to get your license.
As regards, the citation, you’ll need to talk to the Board and see what this involves. They may also hold you responsible to pay the citation amount.
A warning I have oft repeated in my column: Once you officially leave a partnership or corporate license, NOTIFY THE CSLB IN WRITING. In most cases this eliminates an officers or partners responsibility for any court actions occurring after the date you disassociated from the entity. Actions like citations, judgments, and (even worse) license revocations, can come back to haunt you even years after you “had nothing to do with this company”. When the games on the line, taking this simple precaution, will keep you from facing a called ‘third strike.’