CSLB Fun Facts

CSLB Fun Facts can be very entertaining, it not a treasure trove of deceit.

cslb agency of deceitHere is a Q&A in the CSLB Licensing section of their website that I find very entertaining. I’ll give my thoughts on the other side of each Q&A.

Q. I have been a property manager for four (4) years at an apartment complex. Does this experience count as journeyman?

A. This could be very difficult to prove as verifiable experience because you do not complete any one (1) trade on a regular basis for four (4) years. If you want to apply for a C-36 Plumbing license you must show that you performed plumbing every day for four (4) full years, for approximately eight (8) hours per day.

It’s saying that in order to qualify for a license, you must have worked at that trade for 8 hrs a day for 4 yrs. If this is true, how does anyone qualify for the B-General license? Since you have to have experience in at least two unrelated trades, and framing (maybe/maybe not), how can you perform all of those trades for 8 hrs a day each for 4 yrs? You can’t. It’s impossible!

Next CSLB Fun Fact ~

Q. What is journey-level experience?

A. Journey-level exeprience (I didn’t correct their typo) applies to a person who has completed an apprenticeship program or is an experienced worker, not a trainee, and is fully qualified and able to perform a specific trade without supervision. However, that person does not have a license and is not able to contract for jobs that are more than $500 in labor and materials.

So a journeyman is someone who can perform a specific trade without supervision. Again, how does someone qualify for the B-General classification? Assuming their definition of “specific trade” is a single specialty classification, i.e. C10, C27, C33 etc.

Next CSLB Fun Fact ~

Q. I worked for myself since I was 16 years old. I am now 21. Does that qualify for four (4) years of journeyman experience?

A. If you submit verifiable evidence that you worked full-time for the last four (4) years, you may qualify, depending on the trade. Verifiable evidence includes, but is not limited to, invoices, income tax reports, 1099s, and copies of contracts. If you were paid in cash and kept no records and filed no taxes, it will be difficult for you to prove you actually did any work.

An important aspect of being a journeyman who is ready to be a contractor is knowing how a business is run and demonstrating that knowledge whether you are licensed or not. Depending on the trade, you also need to prove one (1) to four (4) years of apprentice experience in addition to the four (4) years of journeyman time.

Let’s break this down… The first sentence states “verifiable evidence that you worked full-time…” So even though they say they’ll accept “self-employed” experience, that fun fact must not apply to 21 year olds. And why is it depending on the trade? There is nothing in the law that makes one trade different than the other in regards to how the application is processed. They also don’t mention here that if you are 23 or under, they label you a “young journeyman” and make you prove your experience no matter what classification you are applying for.

The second paragraph again states “depending on the trade, you also need to prove 1-4 yrs of apprenticeship experience.” That’s a new one. I’ve been up and down the contractors license law and have never seen any requirement to show apprenticeship training. Unless they’re referring to the electricians certification requirement. Either way, that language is not in the law.

That’s all the CSLB Fun Facts for today. I’ll have more soon so stay tuned.

It’s all here in black and white: http://www.cslb.ca.gov/Journeymen/JourneymenFAQ.asp

Please follow and like us:
error

CSLB Application Denials and the Appeals Process

Let’s take a minute to discuss CSLB Application Denials and the Appeals Process.

application denialIt’s a boring subject I know, but it’s good information to have if you find yourself stuck in the AIU vortex.

If your application is denied by the Application Investigation Unit, Section 485 kicks in.

§ 485. Procedure upon denial

Upon denial of an application for a license under this chapter or Section 496, the board shall do either of the following:

  • (a) File and serve a statement of issues in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
  • (b) Notify the applicant that the application is denied, stating (1) the reason for the denial, and (2) that the applicant has the right to a hearing under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code if written request for hearing is made within 60 days after service of the notice of denial. Unless written request for hearing is made within the 60-day period, the applicant’s right to a hearing is deemed waived. Service of the notice of denial may be made in the manner authorized for service of summons in civil actions, or by registered mail addressed to the applicant at the latest address filed by the applicant in writing with the board in his or her application or otherwise. Service by mail is complete on the date of mailing.

Added Stats 1972 ch 903 § 1. Amended Stats 1997 ch 758 §

The key here is that 60 day deadline to file your appeal request. I would suggest filing your appeal as soon as possible to get the appeal process started.

From here Section 487 applies and it outlines the Hearing process.

§ 487. Hearing; Time

If a hearing is requested by the applicant, the board shall conduct such hearing within 90 days from the date the hearing is requested unless the applicant shall request or agree in writing to a postponement or continuance of the hearing. Notwithstanding the above, the Office of Administrative Hearings may order, or on a showing of good cause, grant a request for, up to 45 additional days within which to conduct a hearing, except in cases involving alleged examination or licensing fraud, in which cases the period may be up to 180 days. In no case shall more than two such orders be made or requests be granted.

Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 10; Stats 1986 ch 220 § 1, effective June 30, 1986.

The important part in this section is that the hearing shall be conducted within 90 days of the hearing being requested. Unless you, the applicant, request or agree to a continuance. I wouldn’t agree to a continuance because I wouldn’t want to give the board the ability to delay the process any further. If the OAH grants a request for extension, you’re stuck with it. The CSLB likes to say that the process can take 4-6 months, but I think this is a scare tactic. Section 487 suggests that a hearing could take place in as little as 3 months.

After a hearing request is submitted, Section 488 comes in to play.

§ 488. Hearing request

Except as otherwise provided by law, following a hearing requested by an applicant pursuant to subdivision (b) of Section 485, the board may take any of the following actions:

  • (a) Grant the license effective upon completion of all licensing requirements by the applicant.
  • (b) Grant the license effective upon completion of all licensing requirements by the applicant, immediately revoke the license, stay the revocation, and impose probationary conditions on the license, which may include suspension.
  • (c) Deny the license.
  • (d) Take other action in relation to denying or granting the license as the board in its discretion may deem proper.

Added Stats 2000 ch 568 § 2 (AB 2888).

This one is interesting because of item (c). This suggests that the CSLB could deny the license… again. What’s curious is that it was a denial that led you down the appeal/hearing path in the first place.

So there you have it, some interesting facts about CSLB application denials and the appeals process.

Please follow and like us:
error