Capitol Connection Q&A for Contractors - Week of February 5, 2015

  • /sites/default/files/styles/cover/public/cover/random/2017-11/cover-pic-02.jpg?h=afa3cfa7&itok=QvEihQ2y
  • /sites/default/files/styles/cover/public/cover/random/2017-11/cover-pic-03.jpg?h=452f395a&itok=o2eJpQ1X
  • /sites/default/files/styles/cover/public/cover/random/2017-11/cover-pic-04.jpg?h=d85646e8&itok=e-zcRWuw
  • /sites/default/files/styles/cover/public/cover/random/2017-11/cover-pic-05.jpg?h=eb90c5f1&itok=fmftIU1H
  • /sites/default/files/styles/cover/public/cover/random/2017-11/cover-pic-06.jpg?h=f8567693&itok=OYoPjORc


By Shauna Krause, President, Capitol Services, Inc.

There is one problem with not telling the truth on your license application that is almost self-explanatory. Don’t let this happen to you. Does passing one national evaluation exam open doors to state licensing?  As you will learn, it’s yes and no!..

Q:  I have had an Inactive Sole Proprietor “C-36” Plumbing license since 2002.  I never got my business off the ground but I’ve kept paying the fees to keep it Inactive.  I work for a General Building contractor and they want me to add my “C-36” qualification to their license.  I have several convictions from back in the 90’s and now that the CSLB requires fingerprinting, I need to know, first, whether that will prevent me from being a Responsible Managing Employee (RME) on his license, and second, if the fact that I lied on my application back in 2002 and marked “no” to the conviction question will affect my Inactive Sole proprietor license.

A:  To answer your first question, the fact that you have convictions will not alone prevent you from acting as the RME on your company’s license.  Each conviction is evaluated on a case-by-case basis to determine whether it’s related to the duties or qualification of a contractor and whether it presents any potential conflict with the public’s health, safety, or welfare. 

Although it depends on things such as the severity of the crime, the length of time that has passed since the crime, and rehabilitation efforts, a very small percentage of applications are denied due to criminal background.

With regards to your Sole Owner license, while the CSLB most likely has authority to go back and say that your 2002 application was falsified, they do not play the “gotcha” game.  Still possible, but it is highly unlikely that your Sole Owner license would be affected.

Q:  We are forming a new Limited Liability Company and are interested in obtaining Contractor Licenses in numerous States across the country.  I saw on your website that you specialize in CA, NV, and AZ, all of which we are interested in.  One of our new employees has passed the NASCLA (National Association of State Contractors Licensing Agencies) General Building exam.  Will that work for us to be licensed in the States that you handle?

A:  Nevada accepts the General Building NASCLA exam in place of their ‘B’ or ‘B-2’ trade exam.  You will need to submit your transcripts from NASCLA along with your application.  Your company will still need to apply for a Nevada license and meet all the other licensing requirements such as passing the Business/Management exam, references, providing a financial statement, fingerprinting, etc.

California and Arizona do not recognize the NASCLA General Building exam.  Your Qualifier will need to take and pass the trade and law exams in order to become licensed.

Q:  I am an attorney and you have obtained license histories and copies of license files for us before.  What I need for an upcoming case is the work experience page that a contractor originally submitted when they filed their application.  Is that something you can get for us?

A:  No, the only way to obtain a copy of that document is to Subpoena it.  Be aware too that it will be a redacted version.  The CSLB typically leaves out third party information or personal information if mentioned on the form.

***

While knowledge is power, knowing where to go for the answers is half the battle. Get expert assistance immediately when you call 866-443-0657, email info@cutredtape.com, or write us at Capitol Services, Inc., 1225 8th St. Ste. 500, Sacramento, CA 95814. Research past columns at www.cutredtape.com.

 

Category