Q. Under what law or regulation does the CSLB have the authority to state the last line of the third bullet point?
Under what circumstances am I not required to take the examination?
You are not required to take the examination if the qualifying individual meets one of the following requirements:
- You are currently a qualifier on a license in good standing in the same classification(s) for which you are applying;
- You have been a qualifier within the past five years in the same classification(s) for which you are applying;
- Within the last five years, you have passed both the Law and Business Examination and the trade examination in the same classification for which you are applying, and the license for which you took the examinations was not denied due to lack of work experience.
The webpage above is located here: http://www.cslb.ca.gov/Applicants/ContractorsLicense/NoExamApplication/ApplyingForLicense.asp
What they are saying is that if you pass your exams and the application that you submitted to take those exams was denied due to lack of work experience, those passing exam scores then become invalid.
Exam waivers fall under Business and Professions Code 7065. There is nothing in that regulation that states “and the license for which you took the examinations was not denied due to lack of work experience.” So for the CSLB to put this on their website is overstepping at the least, a violation of law at the most.
- Q. So why have they been posting applications and scheduling them for the exams, then referring them to enforcement (AIU) for investigation of experience?
- A. So that they can come back later and tell you that your passing test scores are no longer valid when you reapply for your license.
Once again, it shows the CSLB has no regard for the rule of law. They are akin to the POTUS, as he said in the Rose Garden the other day… “I do what I want!”
It’s time for the Contractors State License Board to wake up and realize that they don’t get to make arbitrary laws, rules, and regulations.