Capitol Connection 03/23/2020
Suspended, Borrowed License and Qualifier Removal
It takes a ‘turn-around back flip’ and an expert save to get our first contractor on the right track! Has another mistakenly ‘broken’ the law? While your license may be ‘suspended’ it isn’t ‘dead’ until you really ask for it…
Q: My company has the “B” and “C-33” (Painting) on our license. Our Qualifier left the company last year, and I replaced him on the license for only the “C-33” classification because we are really a painting company and we don’t do any building work. I marked the box on the application asking that they not remove the previous Qualifier until I was added. They added me as the Painting Qualifier, however they didn’t remove the former Qualifier. Therefore, when we received our renewal, he is still listed on there as a Responsible Managing Officer (RMO). I understand the renewal will not be acceptable without all of the Qualifier’s signatures, and he is not going to want to sign this. Any ideas?
A: Let’s jump right into this, you are correct that you must have all Qualifiers signatures on the renewal form, so you’ll need to have him removed and then order another renewal without his name on the form. Based on the copy of the application you submitted for replacing your former Qualifier for only the “C-33” classification where you clearly marked the box to remove the former Qualifier upon adding you, I contacted the CSLB and was able to have it corrected and the license now shows him Disassociated on the same day you were added. Now you’ll need to order a new renewal, which will only show your name on it. You can call the CSLB to order one (which can take about two weeks to get to you), or we can pick one up for you in person with a permission letter and have it to you same day. Call our office if you’d like help.
Q: Is it appropriate for a company who has an employee or shareholder with a GC license to use that individual’s license?
A: No, that is not appropriate or legal. The company itself needs to have its own license in order to do contracting work. The company can use the employee or shareholder as the Qualifier (assuming they meet all the requirements), but they would need to go through the registration and application process.
Q: It’s been over 90 days since our Qualifier left our company, so our license is currently Suspended for lack of Qualifier. Is there a point when the CSLB eventually pulls the license or terminates it? We aren’t currently doing any work, but we don’t want to lose the license.
A: No, the license will remain suspended until you replace the former Qualifier. The CSLB doesn’t “terminate” a license unless the Contractor requests them to do so.