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Sometimes you need to be careful about what you wish for...
Effective on
July 1, 2009
SB-1362 amended LC-3099.2 to authorize the CSLB to
suspend or revoke the contractors license of anyone found willingly
employing anyone without a valid certification, or not providing legally
required supervision of apprentices or trainees.
Well how exactly does that work? Couldn't get much of answer
from the DAS, but I did get a good answer from the CSLB, however it was
carefully worded - please see below. As in previous conversation with other CSLB
personnel they are very cautious when dealing with this hot potato, and seem to
like it less than we might.
Mr. Xxxxxx:
AB 3048 and SB 1362, effective
January 1, 2009, amended Labor Code (LC) Section 3099.2 to mandate that the
Department of Industrial Relations’ Division of Apprenticeship Standards
(DAS) develop a process for referring cases to CSLB upon determining that a
violation of electrician certification requirements may have occurred. The
amended Labor Code would also mandate that DAS and CSLB execute a Memorandum
of Understanding no later than July 1, 2009, to identify an appropriate
process for referring such cases to CSLB.
This statutory amendment also
requires that the CSLB Registrar, upon receipt of a referral by DAS alleging
a violation of this section, shall open an investigation and that any
disciplinary action against the licensee shall be initiated within sixty
(60) days of receipt of the referral.
DAS will then, along with the
referral to CSLB, include a certification of uncertified status that can be
used to support an administrative action. If the evidence exists, CSLB will
then take appropriate action. However, field investigations will not be
performed.
The DAS complaint form will be
available on their Web site July 1, 2009. The address is
http://www.dir.ca.gov/das/das.html.
If you have further questions or
concerns, please feel free to contact me.
Rick
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Rick Lopes
Chief, Public Affairs Office
Contractors State License Board
9821 Business Park Drive
Sacramento, CA 95827
Well, what exactly does that mean? A complaint form? Is filled
out, and by whom?
Let's use our imaginations about who for the time being?
| A vindictive former employee files out a complaint
form, and sends it to the DAS. |
A competitive bidder files out a complaint form, and
sends it to the DAS. |
A union organizer files out a complaint form, and
sends it to the DAS. |
A vindictive customer or client files out a complaint
form, and sends it to the DAS. |
| The DAS investigates and finds a violation of the
labor code, they refer case to the CSLB |
The DAS investigates and finds a violation of the
labor code, they refer case to the CSLB |
The DAS investigates and finds a violation of the
labor code, they refer case to the CSLB |
The DAS investigates and finds a violation of the
labor code, they refer case to the CSLB |
| The CSLB opens an investigation of the referral, and
applies disciplinary action within the legally required 60 day limit. |
The CSLB opens an investigation of the referral, and
applies disciplinary action within the legally required 60 day limit. |
The CSLB opens an investigation of the referral, and
applies disciplinary action within the legally required 60 day limit. |
The CSLB opens an investigation of the referral, and
applies disciplinary action within the legally required 60 day limit. |
| The contractor or the company in question has it's
license suspended or revoked putting both the company and its employees
out of work. |
The contractor or the company in question has it's
license suspended or revoked putting both the company and its employees
out of work. |
The contractor or the company in question has it's
license suspended or revoked putting both the company and its employees
out of work. |
The contractor or the company in question has it's
license suspended or revoked putting both the company and its employees
out of work. |
Looks pretty grim for those companies who are not in compliance
with the law...
Sorry but this method of 'enforcement' if you can call it
that is nothing but tattletale revenge, a method that fosters a "rat you out"
mentality. (Some might go so far as to be candid and say it just fosters bad karma.)
A proposed solution, and it is an easy one.
Please see:
Promote a Level Playing Field
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