CSLB Changing the Rules

CSLB Changing the RulesThe CSLB is changing the rules again!

I spoke to an applicant today who’s application was voided by the CSLB.

After months of back and forth with the Contractors State License Board where they continued to ask for more and more documentation, they voided his application without offering the “options” letter. The “options” letter is something they’ve sent to countless other applicants. The letter gives the applicant the option of withdrawing the app, using someone else as a qualifier, or sending the app to a formal investigation. As you’ll see below, this applicant to not get the “options” letter. My question is why???

Did they change the rules again? And without any notification to anyone?

This particular applicant has an over abundance of experience, plus a college degree that should have given him at least up to two years of experience credit. With his experience and the overwhelming experience documentation he provided that covered more than 10 years (when only two years was required), why did they void his app?

Granted, there were some issues with the experience outline on the application (something I could have helped him avoid with my app review service), but the fact remains that he was not given the “options” letter. I firmly believe that if he’d been given the option of having a formal investigation he could have dealt with an investigator that actually has some construction experience… unlike those who work in the application unit of the CSLB who have none. The same people who were reviewing his application and made the determination to void his app.

We all know that the federal and state governments play by their own rules, but why can’t there be some consistency? How can anyone play the game when the rules are constantly changing?

Another issue I have with this particular application is that they granted an extended void date on January 8th. Did they grant a 30 days extension as is standard? No. If they had, the app would have been voided on February 8th. But they voided the app on January 26th! What the %*&# is going on here!!!

I gave the applicant some options, all of which we will pursue… bottom line… This kind of government abuse is unacceptable, and we as a society have to stand up and say ENOUGH IS ENOUGH!!

Application is void

  • 08/24/2015 – APPLICATION RECEIVED
  • 08/31/2015 – PRINTED ACKNLDGMNT LTTR TO APPLCNT
  • 09/10/2015 – APPLICATION RETURNED FOR CORRECTION
  • 09/10/2015 – WORK EXPERIENCE BLANK/PROBLEM
  • 09/10/2015 – CRITICAL CLASS DUTIES NOT SPECIFIC
  • 09/10/2015 – CERTIFIER RELATIONSHIP DISCREPANCY
  • 09/10/2015 – SPEC PROJ – EXPERIENCE VERIFICATION
  • 09/10/2015 – ADD’L SELF EMPLOYMNT INFO REQUESTED
  • 10/16/2015 – RETURNED APP RECEIVED BACK AT CSLB
  • 10/23/2015 – CORRECTIONS SENT TO BE SCANNED
  • 10/23/2015 – APPLICATION RETURNED FOR CORRECTION
  • 10/23/2015 – WORK EXPERIENCE BLANK/PROBLEM
  • 10/23/2015 – CERT DUTIES STILL NOT ACCEPTABLE
  • 10/23/2015 – SPEC PROJ – EXPERIENCE VERIFICATION
  • 10/23/2015 – ADD’L SELF EMPLOYMNT INFO REQUESTED
  • 12/09/2015 – RETURNED APP RECEIVED BACK AT CSLB
  • 12/24/2015 – CORRECTIONS SENT TO BE SCANNED
  • 12/24/2015 – APPLICATION RETURNED FOR CORRECTION
  • 12/24/2015 – WORK EXPERIENCE BLANK/PROBLEM
  • 12/24/2015 – CERT INCOMPLETE
  • 12/24/2015 – CRITICAL CLASS DUTIES NOT SPECIFIC
  • 12/24/2015 – EMAILED CERTS FOR ADDL CORRECTION.
  • 01/08/2016 – EXTENDED VOID DATE
  • 01/08/2016 – RETURNED APP RECEIVED BACK AT CSLB
  • 01/08/2016 – CORRECTIONS SENT TO BE SCANNED
  • 01/13/2016 – APP SENT TO SUPERVISOR FOR REVIEW
  • 01/25/2016 – ROUTED TO EXP ANALYST FOR REVIEW
  • 01/26/2016 – APPLICATION RETURNED TO PROGRM TECH
  • 01/26/2016 – DOCS INSUFF – EXPER NOT VERIFIED
  • 01/26/2016 – APP VOID – APP NOT PROCESSED
  • 01/26/2016 – APPLICATION IS VOID
  • 01/26/2016 – VOID LETTER SENT

Don’t put yourself in this position where you’re dealing with the CSLB changing the rules on you! Let me help you!!

Owner Builder Experience

owner builder experienceIn October of 2010 I wrote an article discussing owner builder experience.

In that article I stated that owner builder experience was a red flag, so to speak.

Well that was then, this is now. With the current processing systems in place at the Contractors State License Board (CSLB), ALL experience, including owner builder experience is good experience.

If you have building experience on property that you own, and you need that experience to build your portfolio that will be submitted with your application, by all means, submit that owner builder experience.

The CSLB will ask you for documentation to back it up, so be prepared to show cancelled checks, copies of receipts for materials purchased, copies of all permits, etc.

You will also need to complete the project sheet that is contained within the CSLB application. Things to be aware of on that project sheet? Do not list that most or all of the work was done by contractors or sub-contractors. The CSLB will only give you credit for the experience that you did yourself. If the project sheet makes it appear that you did some, or little-to-none of the work, they will credit you with very much experience time.

Do they accept supervisory experience? Yes they do, most owner builders are non-journeyman level people and therefore don’t have the skills to have the title of supervisor. So stating that you supervised the owner builder project will most likely not be credited in your favor.

The amount of experience time the CSLB will grant for owner builder experience hasn’t changed. If you submit a project that took you one year, they will most likely grant you 4-6 months credit. That’s because they calculate what it would take a licensed contractor to complete the same project.

If you have experience to submit that was obtained as an employee, and you want to also submit your owner builder experience, you will need to submit a work experience form for each time period and for each separate owner building project.

So owner builder experience isn’t the red flag that it used to be. Now it’s an additional way of proving your experience to the CSLB. Good luck.

Critical Classification Application Under Review

Critical Classification Application Under ReviewI’m often asked, pretty much daily, what should an applicant do when they are dealing with a critical classification application under review.

If you are applying for the C10 Electrical, B General Building, A General Engineering, C20 HVAC, etc. and your application is under review, this email Q&A and I had with a C10 applicant might also help you or somebody you know.

Q. Based on my application you looked at, what are the odds of them accepting it without requiring more documentation?

A. Slim to none. They’ve been asking all applicants with a critical classification for additional documents.

Q. If the odds are very low they accept as is then what do they increase by if I include documentation (1099s, permits, materials receipts, tax returns) with the application on the first submittal or should I wait for them to ask?

A. You should submit any/all documents you have with the app. If they find it acceptable, they’ll schedule you for the exam. If not, they’ll ask for more documentation.

Q. I have lots of different documentation but not a fully complete timeline record of EVERYTHING. Do they show any leniency to applicants who include lots of information from the start?

A. Not that I’ve experienced.

Q. I do have enough documented experience over the last ten years to get a B but would only consider that if it was a stepping stone which made it easier to get the C-10 later. Do you think this would help me to get the C-10 if I put off applying for 2 to 3 years? Could having a B potentially work against me getting a C-10 in two to three years?

A. To get either you’ll have to provide the written documentation. The B requires experience in framing and at least two unrelated trades. The C10 could be easier to get if your experience is directly and solely related to the c10. If you were to get the B and then apply for a c10 in a couple three years, it might be harder to show at least 4 yrs of c10 experience. Also, if you have the B you cannot bid on or sign contracts for a single trade like the c10.

Q. Would it help to get sign offs on shorter term experience from more B contractors who I have done electrical for?  This goes back to the more information included with the original submittal, does it decrease the odds of them requiring more documentation / increase the chances they accept the application as is.

A. Submitting more work experience forms does not generally help or hurt. They’ve made the certifier a moot point because of the documentation requirement.

Q. Does it carry any weight if I include some projects done for homeowners and include their permits, check written to me, materials receipts, and invoice?

A. That would help. But the permit would have to be in your name in order for you to get “credit” for it.

Q. Do you think submitting a 1099 for experience where the employer box is checked is a red flag and should be used as self-employment experience instead? I know that the experience with the C-10 i work for definitely is an employee relationship rather than a contract type, I show up when he tells me to show up and act on his direction under his supervision.

A. How does the CSLB look at 1099s in this regard? As a 1099 “employee” you are working as self-employed. Only if you are on payroll for the company would you be considered an employee.

Q. Based on the letter you attached in your previous email showing request for more info to that applicant,  if I were to get a similar letter and respond with not enough documentation then would that void my application or would there be another opportunity to submit more? When does the application usually drop dead?

A. If you did not submit enough documentation to satisfy the licensing department they would send you an “options letter.” This letter gives you the option to withdraw the app, use some other qualified individual to act as the qualifier on your license, or go to a formal investigation. If you choose the formal investigation, they will send you to the exams and an investigator will be assigned. That investigator will ask you for more/the same documentation that the licensing unit asked for. The investigator will also contact your certifiers to verify your experience. If the investigator does not approve of your experience you can either withdraw the app or they will deny your app. A denial means you’d have to wait a year before reapplying, and you’d have a denial flag on your name in their system.

Q. If I do submit my application and it ultimately gets tossed then can I re apply later with other documentation? Does the CSLB keep a copy of previous applications on file and refer back to those in this sort of scenario?

A. As answered in Q6, a denial has a one year waiting period. If you withdraw the app on your own, you can reapply at any time. The new app would be subjected to the same documentation and you’d have to re-submit everything plus any new documentation.

Q. The above question sorta relates to if it helps to apply for a B first and what experience is submitted with that. I would hate to shoot myself in the foot.

A. The issue is… when you apply for an additional classification, they will not accept experience that you submitted previously for the original classification. If your contracts are only for C10 work, you’ll want to apply for the C10 with the initial license.

Q. If I do include lots of documentation with the application before they ask then could this tick off the reviewer by being overwhelmed with paperwork or does it make me look more serious and more well prepared? (sort of already asked this question above)

A. Better to send everything with the initial submittal. Saves them from having to send you a letter requesting the docs and having to sit on the application until you reply to their letter.

Q. How would you approach this if you were in my shoes?

A. Create a chronological binder with all the documentation I had, submit it with the application, cross my fingers.

Q. Do you think I should just suck it up and do another year working for the C-10 guy (1099) or would you suggest a different route to document experience if you think I should wait to have a better documented history?

A. This all depends on the documentation you have now. If you feel it shows a solid four years (minimum) of experience, I’d say apply now. If you went thru the app process and the cslb said you needed one more year, withdraw your app work another year, then resubmit everything.

Q. Guessing you have seen others in my same predicament so what has made the biggest differences for them being able to get their applications accepted?

A. How well prepared your documentation is.

Q. The C-10 guy I work for has mentioned partnering with me a few times. Would there be some mid-term benefits to going this route and getting on his license then applying for my own later? I am not sure how this works but have heard of others getting brought in that way. The guy is a bit hard to work for / with so this would be a last resort but good to know the answers if it comes to that.

A. This scenario is included in the cslb “options” letter. You could use someone else to be your qualifier. After X amount of years, you could apply to replace that qualifier on the license.

So if you find yourself with a critical classification application under review, let me know and we can discuss your specific circumstances. I offer a very affordable consultation service. Click here if you’d like to discuss what you can do.

Starting a Construction Business

Starting a construction businessStarting a construction business isn’t easy by any means. There is a lot of planning and steps to take. I’m going to attempt to break it down to the basics.

First, what business entity to choose. If you choose a corporation or LLC you’ll want to file your articles of incorporation with the Secretary of State (SOS). This is a service I offer, but if you prefer to use an online company click here.

Next you’ll want to obtain a Federal Employer ID number. You can get this number from the IRS using their online system. It will provide you with the FEIN in just minutes.

You will need to apply for a business license in your city or county. Here is a page of helpful information regarding business licenses.

If you are going to use a fictitious business name (FBN) you’ll need to apply for it in your city or county. Generally, the same government office that issues business licenses will also handle the FBN filing.

Opening a business bank account. You’ll need a copy of the filed FBN statement with you when you open the bank account. Unless you are using your personal name as your business name, the bank will not open a business account for you unless you have the filed FBN statement.

After the SOS has issued your corporate number, you can then apply for your contractor’s license. I offer a full range of license application services. Whether you need me to complete all of your documents for you, or just a review of the documents you’ve prepared, I’ll be happy to assist you.

If you are applying for a sole owner (sole proprietor) license, you can apply for your contractor’s license at any time. If you use your personal name for the business name on your contractor’s license, you will not need to file a FBN with your city our county.

Here is something that many new corporations miss… the SOS will notify the Franchise Tax Board (FTB) when the corporate number is issued and you will need to file a tax return, even if no business was conducted or if the contractor’s license was never issued. I have heard from people who formed an S corporation, received their contractor’s license number, but never conducted any business. They did not file a return with the FTB and they failed to pay the corporate taxes when due. When they tried to renew their license they discovered that the corporation was suspended at the SOS by the FTB for overdue taxes and penalties. I highly recommend finding a reputable CPA to help you.

To break it down….

  • Choose your business entity type
  • Submit your articles of incorporation with the SOS (if you’re forming a corp)
  • Apply for an FEIN with the IRS
  • Open a business bank account
  • Apply for your contractor’s license

As I said at the top, this is a basic list of what you need to do to start a construction business. It’s obviously more involved than this, I just wanted to give you the basics to get you started.

As always, I’m available to answer any questions that you may have. Everybody’s situation is different and I’d be happy to help you navigate through this process. Feel free to email your questions to me at ContractorLicenseService at gmail.com.

CSLB Application Processing in Action

CSLB application processing in actionHere is an example of the CSLB application processing in action.

04/21/2014 – APPLICATION RECEIVED
04/25/2014 – PRINTED ACKNLDGMNT LTTR TO APPLCNT
05/12/2014 – APP TO CASE MGMT FOR FLAG REVIEW
05/30/2014 – INSTRUCTIONS RETURNED FRM CASE MGMT
05/30/2014 – AIU REQUESTED APP TO BE POSTED
06/03/2014 – APPLICATION REJECTED FOR CORRECTION
06/03/2014 – REJECT – CONFIRM LEGAL NAME
06/03/2014 – CRITICAL CLASS DUTIES NOT SPECIFIC
06/20/2014 – REJECTED APP RECEIVED BACK AT CSLB
06/20/2014 – CORRECTIONS SENT TO BE SCANNED
06/20/2014 – ADD’L REJECT TO APPLICNT TO CORRECT
07/24/2014 – REJECTED APP RECEIVED BACK AT CSLB
07/24/2014 – CORRECTIONS SENT TO BE SCANNED
07/24/2014 – APPLICATION REJECTED FOR CORRECTION
07/24/2014 – NEED TRADE WORK DESCRIBED
07/25/2014 – APPLICATION POSTED
07/25/2014 – REFERRED TO EXAM SCHEDULING – BOTH
07/28/2014 – NOTICE TO APPEAR FOR EXM 08/18/2014
08/18/2014 – EXAM SCHEDULED FOR BOTH LAW & TRADE
08/18/2014 – PASSED BOTH LAW AND TRADE EXAM
09/18/2014 – APP SENT TO SUPERVISOR FOR REVIEW
09/18/2014 – APPLICATION RETURNED TO PROGRM TECH
09/23/2014 – APP TO AIU FOR INVESTIGATION

Rejected not once, not twice, but three times. Then, after providing the corrections requested and passing both exams, they sent this app to the AIU. Which, from what the CSLB has said, no longer exists.

Government, by definition, is a cluster…. But the CSLB has taken ineptitude to a whole new level.

Let’s break it down:

5/12 the app is sent to Case Management. Probably because the applicants name is the same or similar to someone else’s. There is 2+ weeks wasted.

5/30 AIU requests the app to be posted. Wait… AIU? I thought the app was in Case Management? One would think the app was good to go since the AIU said it could be posted. (Posted means accepted and that the applicant can proceed to testing)

6/3 Rejected for correction. On 5/30 the AIU said it could be posted. Now it’s being rejected for correction?

6/20 Corrections received and sent to be scanned… AND rejected again! My assumption here is that they didn’t get back what they requested, or they are playing with the applicant in the hopes that he’ll withdraw the app.

7/24 Corrections received, sent to be scanned… AND rejected again!! “Need Trade Work Description” Was this not included in the original reject? Did the applicant not provide this with the original reject? Or is the CSLB just rejecting it again because they didn’t bother to include it in the original rejection?

7/25 App posted and exam date scheduled. This would suggest that everything the applicant submitted was accepted. That is how any logical person would view this comment.

8/18 Exams passed. Bonding and insurance purchased, business cards ordered, ready to move forward… but wait…

9/18 One month later.. the app is sent to the supervisor for review. Review of what? The supervisor sends it back to the tech with instructions to send the app to AIU. Again, I thought the AIU was no longer?

9/23 5 days later the app is sent to the AIU, where the investigator will ask for all of the same documents the tech would have asked for months ago and 5 months after the app was submitted.

So there you have it. The utterly inept CSLB application processing in action.

Will this applicant get his license? I hope so! He proved his knowledge by passing the State mandated, CSLB created exams.

 

CSLB Explains B General Experience

Finally, something in writing from the CSLB that explains the B General Experience requirements.

B Acceptable Experience per CSLB

And there is nothing in the law that backs this up!

What you see here was sent to a client of mine from Indiana. The highlighting was done by the Contractors State License Board application technician.

The bottom two lines clearly state [Experience in framing and at least any two…], but there is nothing in any law or regulation that states this. Now it’s always been this way, it was this way when I worked at the CSLB from 2001 to 2005, but just because it’s been this way for a long time doesn’t make it right. This is a CSLB underground reg that needs to be corrected and/or stopped!

The law does state: “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.” “As determined by the registrar” is the key phrase here. Other than in this CSLB provided text, where is it stated that Framing is a requirement?

As determined by the registrar is a dangerous statement. The registrar could “determine” any number of policies or procedures that would have a very negative effect to applicants, licensees, construction companies, and the industry as a whole. I think “As determined by the registrar” needs to be removed from the law.

7057. General building contractor

(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.

Contractors State License Board Exams Part 2

Don't Tread On Me Flag

Continuing the conversation with Betsy Figueira regarding Contractors State License Board Exams Part 2.

Phil,

I have submitted an IT request to correct the website statement regarding exam waivers –

  • 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.

Regarding your other concerns about applicants taking examinations and then ultimately not getting licensed, that can happen under multiple scenarios – an applicant can fail to provide the required bond or workers’ compensation documentation, an applicant can fail to be cleared by the Criminal Background Unit, an applicant can fail to provide requested experience documentation, etc.  As a governmental agency that processed tens of thousands of applications annually, we have procedures that address the vast majority of our applications – allowing them to test as soon as possible to avoid delays in licensure… which I believe most of them are appreciative of.

If you know of an applicant who does not want to take the examination until all of his/her other licensure requirements have been met, please have them submit a written request to me to have the examination process set aside while the entire rest of the licensure process is complete.  I will consider the request.  Of course, even if such a request is granted, we would still need to confirm that all of the licensure requirements are still valid after the applicant has passed the examinations and is at the point of licensure issuance.

Also, be please be aware that pursuant to CCR Section 816 (c), “nothing in this Rule shall be interpreted to limit the Registrar’s authority to require an applicant to provide any other information necessary to determine the applicant’s qualifications.”

Betsy Figueira CSLB, Licensing Division Manager 916-255-3369

My opinion (which I didn’t share with Ms. Figueira):

Contractors State License Board Exams Part 1

Website update:

It’s a banner day when the CSLB actually admits (almost) to making a mistake. Requesting to have the website updated to remove the “license denied due to lack of work experience” is a victory. This non-admittance to a mistake basically proves that cslb staff makes decisions on a whim without regards to the law. Somebody at a high level had to request that text be added to their website.

My “other” concerns:

Her list of why licenses are denied is correct, but she was side-stepping my comments/concerns that certain classifications are being unfairly targeted. Again, there is no specific rule, regulation, or law that gives the cslb the authority to do this.

Her comment about “procedures” for the thousands of applications they process a year is, well, ridiculous. Again, she side-stepped my comments that there are many instances, rules, regulations, laws that state that the applicant will be sent to the exams AFTER they have determined that the applicant meets the minimum requirements. Obviously they follow the procedures they want, and ignore the rules, regulations, and laws they don’t want.

She believes most of the applicants are appreciative. Granted, I do not speak with every applicant who has been sent to the exams and their app to investigation. I can only speak to the number of people who have called me with questions about what they should do. And listen to how they are unhappy with how they’ve been treated by the cslb. So unless Ms. Figueira has taken it upon herself to speak with every applicant, or even some of them, about how they feel regarding the run-around these applicants are receiving, her “belief” is, at best, a guess on her part.

CCR Section 816 (c):

This is my all time favorite regulation! “nothing shall be interpreted to limit the Registrar’s authority.” If you are a cslb employee or manager in licensing, this means you have carte blanche to do whatever you want. How much better can it get if you are a State agency? They actually wrote a regulation that says they can make up the rules on a daily basis. Today ~ they have 8 critical classifications that they will scrutinize beyond belief. Tomorrow ~ you might have take a lie detector test, or make a personal appearance in front of an experience review committee. If the Registrar’s authority is limitless, where does it end?

We live in a democracy! A democracy I volunteered to protect. How can we allow any governmental agency the power of limitless authority?

If you would like to comment on Contractors State License Board Exams Part 2, please feel free to use the comment link below, or send me an email. If you’d prefer to remain anonymous, just let me know.

Navy history…. The flag above is the first Navy Jack.

CSLB Applications must be notarized

I was told today that CSLB applications must be notarized if you are applying from out-of-state.

notary publicOr at least the work experience form must be notarized. The reason given: it’s the only way they can verify signatures of out-of-state applicants and/or certifiers.

This would suggest that they verify ALL signatures, wouldn’t it? And how would they do that? Call, send a letter, or an email? Perhaps they use smoke signals, or two cups and a string?

One thing we know for a fact… they certainly don’t verify all signatures in person of in-state applicants! Does the CSLB think that out-of-state applicants don’t have phones, mailing addresses, or email accounts?

This is a new low for the Contractors State License Board. And another example of they make up the rules as they go along. Seriously, the only way to verify signatures of out-of-state applicants?

What this really looks like is another off the cuff decision by a CSLB employee in some bizarre attempt to profile, harass, classify, sectionalize, and deter out-of-state applicants.

So not only have they trivialized the State mandated exams by making you prove your experience on paper, but now you have to get your certifier to notarize his signature.

Good luck finding this requirement in the application instructions or in any California law or regulation!

Get it in Writing

Get it in Writing

get it in writing

How many of you have been called by the CSLB or were able to speak to a “classification deputy” or application technician and were told (over the phone) that you needed to provide certain information or documentation?

Get it in Writing

If you were told to provide information or documentation (over the phone), I suggest you require them to put it in a letter and mail the request to you.

Get it in Writing

I was told by an applicant today that he was asked to provide his web address. That’s right, his web address. What could they possibly want that for? They won’t accept pictures or your work, or affidavit’s from clients, customers, or co-workers. So why would they want to look at your website. If anything can be fabricated… it’s a website!

Get it in Writing

Why does the CSLB prefer to make these ridiculous requests over the phone? Deniability! “Oh, we never said that!” If you get it in writing, they can’t deny it. If they refuse to send their requests in writing, they don’t have the right to ask in the first place.

Get it in Writing

The CSLB is so bent on documentation they should play the same game their forcing everyone else to play. You want my web address? Send me a written request. Don’t let them make the rules. You paid your application fee, and there is nothing in the rule book that says you can’t ask for what you want, and nothing in the rule book that says they can’t put their requests in writing.

CSLB Waiver Application

  • Q. Under what law or regulation does the CSLB have the authority to state the last line of the third bullet point?

  • A. None!

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.

CSLB Applying for a license waiver

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.