Business & Professions Code 7028 BPC
BPC 7028 – Contractor Without a License
Contractor Without a License – Table of Contents
It is unlawful for a person to transact business as a contractor or subcontract if they not licensed by the Contractors State License Board (CSLB); registered under a license with the CLSB that is: subject to a failure to pay civil penalties by suspension, subject to a failure order to comply with requisites for punishment under the CLSB, subject to a failure to resolve any outstanding liabilities as a result of punishment from the CLSB.
What is the definition of a contracting license as defined under Business and Professions Code 7028 BPC?
The State of California requires that anyone doing business as a contractor be licensed by the Contractors State License Board (CSLB). Under the CSLB a contractor is any person who offers, accept, author, pitch or submit a bid, by themselves or as subcontractor in connection with any project or development to: construct, alter, repair enhance, detract, improve, transport, demolish any building, highway, road, parking facility, railroad, excavation, any structure, scaffolding, improvement in connection with any project or development; or having capacity to clean: the grounds, preparation of removal of construction zones, lane closures, flagging, traffic diversion, installation, repair, maintenance; or in calibration of: monitoring equipment for underground storage tanks; fabrication into: any structure project, development, or improvement described as merchandise.
What are the descriptions of the penalties and assessments under Business and Professions Code 7090.1 BPC?
Business Code 7090.1 BPC, provides that upon the request by the CSLB to comply with any punishment or correction that has an associated order to pay fines or fees correlating to a deprived party’s loss or injury stemming from a failure to act under the CSLB standards an automatic suspension of the subject license is enacted for a minimum of 30 days; the 30 day suspension will effect from the date of the notice letter sent to the registered address associated the license at issue that is registered with the CSLB. The accused that is associated with the subject license registered with the CSLB can contest the matter within 15 days of receipt of the notice. If the after suspension, and without stipulated extensions or agreements, the license, after 90 days of noncompliance will be revoked. If the contractor wishes to continue any benefits associated with the license upon notice of his inability to not comply, the contractor can substitute himself with a complying license holder under the CLSB standard.
What are the descriptions of the penalties and assessments under Business and Professions Code 7145.5 BPC?
Under Business and Professions Code 7145.5, a contractor disciplined or in the process of disciplined by the CSLB by of suspension can be refused a renewal option by the CSLB if the contractor fails to properly fill out a renewal application form within 90 days of requesting a renewal in any format. Upon the first rejection, the contractor has 90 days to properly fill out the form. The renewal application must be filled out and signed by any relevant proprietorship, partners, limited liability partners, any officers in the company, any associated license holders transacting under equity relationships, and all qualifying license holders that can replace the principal contractor if his license is revoked. The renewal application must state any: change in address, change in business entity format, change in leadership pertaining to equity or principals, while informing the CSLB of any current issues pertaining to discipline with the registered license. The renewal application can be made online under the CSLB’s website. A timely fee for a sole contractor operating a business under one license is $450 dollars. A timely fee for a sole contractor operating a business with multiple license holders is $700 dollars.
Is there a Statute of Limitations for a violation of Business and Professions Code 7028 BPC?
Yes. 4 years from the date of the violation or its discovery.
What is the mental state required for a violation of Business and Professions Code 7028 BPC?
The mental state required for a violation of Business and Professions Code 7028 is intentionally as a general intent crime. Intentional is a conscious reasonable understanding of the nature of the act either by constructive or actual notice; and a reasonable desire to do the act in question; with a reasonable understanding of the circumstances that might result. As applied under Business and Professions Code 7028 BPC, the State must prove, beyond a reasonable doubt, that the accused is or was a registered active license holder with the California Contractors State License Board (CSLB); and was reasonably aware the contractor was: subject to a failure to pay civil penalties by suspension, subject to a failure order to comply with requisites for punishment under the CLSB, subject to a failure to resolve any outstanding liabilities as a result of punishment from the CLSB; and did not comply but continued to transact business under the license of subject to discipline; and was reasonably aware of the circumstances that would result. And the person violated under the State has the right to economic losses or restitution, which every is greater- and separate for any civil liabilities that would result from omissions to act.
What is an example of a violation of Business and Professions Code 7028 BPC?
Lou’s Plumbing was open for business. Jake and Sam were hired. Both placed on their employment application that they were plumbers licensed in the State of California. And had the licenses to prove it. Lou believed them because of their references. Jake and Sam’s first assignment was Brentwood Homes a $ 2 billion Dollar Development that needed a 5-year commitment. It was their dream job. As they came, the developer got along with them well, and decided to advance a portion of the project to the tune of $ 3 million dollars. Jake spent his portion on a new home. Sam purchased a few classic cars and placed the rest for his children’s college fund. The developer called the CSLB and discovered that Jake was using another person’s license number that was in the process of being suspended for not paying membership fees; and Sam was a license contractor without a bond who was assessed penalties by the CSLB for non-compliance. The developer called Lou, and the police. Lou, Jake, and Sam were arrested.
- Good Faith – The accused in good faith believed they were compliance or the parties they conducted business with were in compliance.
- Lack of Notice – The accused did not receive any actual or constructive notice by the CSLB that they were being disciplined or being assessed any fees.
- Necessity – The need to operate as a contractor was necessary to assist a commercial entity by need to assist others being protected for substantial injury or death or escape a natural disaster- despite being paid for the work.
If you are charged with a violation of Business and Professions Code 7028 BPC, call The Esfandi Law Group, APLC. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group, APLC.
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