SB 1209, as introduced, Morrell. Contractors: discipline.
Existing law, the Contractors’ State License Law, provides for the licensure and regulation of contractors by the Contractors’ State License Board. Existing law requires the board, with the approval of the Director of Consumer Affairs, to appoint a registrar of contractors to serve as the executive officer and secretary of the board. Existing law requires the registrar, among other things, to make available to the public the date, nature, and disposition of all legal actions against a licensee, except as specified. Existing law limits the disclosure of citations to a specified time period.
This bill would require that disclosure of citations also appear, for the period of disclosure of the citation, on the license record of any other license that was issued, or was associated with the license subject to the citation, on or after the date of the act or omission that led to the citation and the other license includes a member of the personnel of record who, at the time that the act or omission occurred that led to the citation, was identified as a qualifier of the license subject to the citation.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 7124.6 of the Business and Professions
2Code is amended to read:
(a) The registrar shall make available to members of
4the public the date, nature, and status of all complaints on file
5against a licensee that do either of the following:
6(1) Have been referred for accusation.
7(2) Have been referred for investigation after a determination
8by board enforcement staff that a probable violation has occurred,
9and have been reviewed by a supervisor, and regard allegations
10that if proven would present a risk of harm to the public and would
11be appropriate for suspension or revocation of the contractor’s
12license or criminal prosecution.
13(b) The board shall create a
disclaimer that shall accompany
14the disclosure of a complaint that shall state that the complaint is
15an allegation. The disclaimer may also contain any other
16information the board determines would be relevant to a person
17evaluating the complaint.
18(c) A complaint resolved in favor of the contractor shall not be
19subject to disclosure.
20(d) Except as described in subdivision (e), the registrar shall
21make available to members of the public the date, nature, and
22disposition of all legal actions.
23(e) Disclosure of legal actions shall be limited as follows:
24(1) begin insert(A)end insertbegin insert end insertCitations shall be disclosed from the date of issuance
25and for five
years after the date of compliance if no additional
26disciplinary actions have been filed against the licensee during the
27five-year period. If additional disciplinary actions were filed against
28the licensee during the five-year period, all disciplinary actions
29shall be disclosed for as long as the most recent disciplinary action
30is subject to disclosure under this section. At the end of the
31specified time period, those citations shall no longer be disclosed.
32(B) Any disclosure pursuant to this paragraph also shall appear
33on the license record of any other license that meets both of the
34following criteria:
35(i) The other license was issued, or was associated with the
36license subject to the
citation, on or after the date of the act or
37omission that led to the issuance of the citation.
P3 1(ii) The other license includes a member of the personnel of
2record, as defined in Section 7025, who, at the time of the act or
3omission that led to the issuance of the citation, was identified as
4a qualifier, as defined in Section 7025, of the license subject to the
5citation.
6(C) The disclosure described in subparagraph (B) shall be for
7the period of disclosure of the citation.
8(2) Accusations that result in suspension, stayed suspension, or
9stayed revocation of the contractor’s
license shall be disclosed
10from the date the accusation is filed and for seven years after the
11accusation has been settled, including the terms and conditions of
12probation if no additional disciplinary actions have been filed
13against the licensee during the seven-year period. If additional
14disciplinary actions were filed against the licensee during the
15seven-year period, all disciplinary actions shall be posted for as
16long as the most recent disciplinary action is subject to disclosure
17under this section. At the end of the specified time period, those
18accusations shall no longer be disclosed.
19(3) All revocations that are not stayed shall be disclosed
20indefinitely from the effective date of the revocation.
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