Update: Dec. 6/2019
The CSLB told an applicant that he must use a DBA with four specific words in it. They told the applicant that he could only use those four words without changes or alterations. So here we go again… the cslb crossing the line between state agency and dictatorship.
Continuing with the original post…
If there is one thing the cslb is good at is lying. Well that’s not totally accurate, they’re also good at not licensing qualified applicants, jerking applicants around, taking your money, making up the rules as they go, etc. etc.
Here’s the latest lie.
The cslb has stated in public that they do not require a fictitious business name (FBN), aka: a “DBA”, if the business name does not denote anything construction related. They literally said that they don’t care what you call your business, but if its construction related then they’ll hit you with B&P Code 7059.1.
§ 7059.1. Misleading or incompatible use of name styles
- 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.
Here’s an example, and how it was explained to me at a cslb meeting earlier this year, if your business name is 123Main, Inc., a DBA is not required. But if your business name is 123Main Contractors, they’ll ask for a DBA that is directly related to the trade classification you’re applying for.
Seems fairly straight forward, right?!
Well… that’s a lie! I’ve spoken to several applicants recently whose business names are as vague as 123Main, Inc. and they’re being asked, required, forced, pressured, to provide a DBA. No DBA, no license.
So, which is it cslb!?!? You don’t care if the business name is vague and non-construction related, or you’re requiring every single applicant to provide a dba that doesn’t fit into your little box of what’s acceptable and what’s not?
I know that over the years I have posted about business names, it’s just that this one issue really annoys me. It’s like that piece of popcorn kernel that gets wedged between your teeth just as the movie starts and you have to deal with it for the next two hours. Just bugs the crap out of me that a State agency has the legal right to tell you what and how you can name your business. Hell… I’m surprised they haven’t told me what I can name my business! They seem to think they have authority to do whatever they want!
So once again, the cslb isn’t following the law as written or even standing by their statements made in public. Just more lies. Shocker!!
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