Bill Text: CA AB2916 | 2021-2022 | Regular Session | Chaptered
Bill Title: Contractors: disclosure of letters of admonishment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-13 - Chaptered by Secretary of State - Chapter 293, Statutes of 2022. [AB2916 Detail]
Download: California-2021-AB2916-Chaptered.html
Assembly Bill
No. 2916
CHAPTER 293
An act to amend Section 7124.6 of the Business and Professions Code, relating to contractors.
[
Approved by
Governor
September 13, 2022.
Filed with
Secretary of State
September 13, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 2916, McCarty.
Contractors: disclosure of letters of admonishment.
Existing law, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of contractors. 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 to disclose complaints against a licensee, except those complaints resolved in favor of the licensee. Existing law requires complaints resolved by a letter of admonishment to be disclosed for a period of one year.
This bill would
instead require the disclosure period for complaints resolved by a letter of admonishment to be either one year or 2 years, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 7124.6 of the Business and Professions Code is amended to read:7124.6.
(a) The registrar shall make available to members of the public the date, nature, and status of all complaints on file against a licensee that do either of the following:(1) Have been referred for accusation.
(2) Have been referred for investigation after a determination by board enforcement staff that a probable violation has occurred, and have been reviewed by a supervisor, and regard allegations that if proven would present a risk of harm to the public and would be appropriate for suspension or revocation of the contractor’s license or criminal prosecution.
(b) The board shall create a disclaimer that shall accompany the disclosure of a complaint that shall state that the complaint is an allegation. The disclaimer may also contain any other information the board determines would be relevant to a person evaluating the complaint.
(c) (1) A complaint resolved in favor of the contractor shall not be subject to disclosure.
(2) A complaint resolved by issuance of a letter of admonishment pursuant to Section 7099.9 shall not be deemed resolved in favor of the contractor for the purposes of this section. A letter of admonishment issued to a licensee shall be disclosed for a period of either one year or two years
from the date of service described in subdivision (c) of Section 7099.9. For the limited purposes of this paragraph, the determination regarding the one- or two-year disclosure shall be made based on the factors enumerated in subdivision (a) of Section 7099.2.
(d) Except as described in subdivision (e), the registrar shall make available to members of the public the date, nature, and disposition of all legal actions.
(e) Disclosure of legal actions shall be limited as follows:
(1) (A) Citations shall be disclosed from the date of issuance and for five years after the date of compliance if no additional disciplinary
actions have been filed against the licensee during the five-year period. If additional disciplinary actions were filed against the licensee during the five-year period, all disciplinary actions shall be disclosed for as long as the most recent disciplinary action is subject to disclosure under this section. At the end of the specified time period, those citations shall no longer be disclosed.
(B) Any disclosure pursuant to this paragraph shall also appear on the license record of any other license that includes a qualifier that is listed as one of the members of personnel of record of the license that was issued the citation.
(C) The disclosure described in subparagraph (B) shall be for the period of disclosure of the citation.
(2) Accusations that result in suspension, stayed suspension, or stayed revocation of the contractor’s license shall be disclosed from the date the accusation is filed and for seven years after the accusation has been settled, including the terms and conditions of probation if no additional disciplinary actions have been filed against the licensee during the seven-year period. If additional disciplinary actions were filed against the licensee during the seven-year period, all disciplinary actions shall be posted for as long as the most recent disciplinary action is subject to disclosure under this section. At the end of the specified time period, those accusations shall no longer be disclosed.
(3) All revocations that are not stayed shall be disclosed indefinitely from the effective date of the
revocation.
