Capitol Connection #1071
It’s one for the money, two for the show but five years for this Waiver. Another contractor gets a second opinion, but we really ‘dig’ the first question…
Q: We currently have a “C-10” (Electrical) Contractors license in CA. We had some issues with our license come up recently, and in speaking with our attorney he informed us that we shouldn’t be doing trenching with our “C-10” license. I am surprised by this as we have always done trenching when doing our electrical projects.
A: “C-10”electrical contractors can perform incidental trenching for the placement of conduit and wiring on their projects.
Q: We are going to be adding several HIS (Home Improvement Salespeople) to our license. I was curious as to whether our Officers also need to be registered HIS (and myself as the owner). I called the CSLB and the person I spoke with said that everyone who works for the company regardless of whether you are an Officer or an Employee, needs to be a registered HIS. That doesn’t make sense to me, it seems as if an Officer should be able to promote and sell their product without registering as a HIS, can you confirm please?
A: Unfortunately, the information you received from the CSLB is not right. Based upon BPC section 7152(c), the following are the only exceptions where a HIS registration is not required:
- An Officer of record of a licensed corporation, or a Manager, Member, or Officer of record of a Licensed Limited Liability company.
- A General Partner listed on the license record of a Partnership.
- A Qualifying person, as defined in BPC section 7025
- A salesperson whose sales are all made after negotiations between the parties if the negotiations are initiated by the prospective buyer at or with a general merchandise retail establishment that operates from a fixed location where goods or services are offered for sale.
- A person who contacts the prospective buyer for the exclusive purpose of scheduling appointments for a registered Home Improvement Salesperson.
- A bona fide service repairperson who is employed by a licensed contractor and whose repair or service call is limited to the service, repair, or emergency repair initially requested by the buyer of the service.
Q: Can you confirm how many years an individual must have been an Officer of a company in order to qualify for a Waiver of the exams to become an Responsible Managing Officer (RMO)? Also, how many years an Employee must have been with the company in order to qualify for a Waiver of the exams to become an Responsible Managing Employer (RME)?
A: Five years in both cases. In either scenario, the individual must have worked in a supervisory capacity, whether Officer or Employee, for five out of the last seven years, with at least one of those years being hands-on practical experience. Keep in mind the Waiver is only a request, not a guarantee, so they always have the option to deny it. Contact our office if you’d like assistance with the Waiver request process.
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 email@example.com, or write us at Capitol Services, Inc., 1225 8th St. Ste. 500, Sacramento, CA 95814. Research past columns at www.cutredtape.com.