Capitol Connection 12/18/2020
Attorney Service, POA’s And His Rule
Law is written, but exceptions exist in practice and changes come from interpretation. Contractors already have at least one full time job, so expert assistance becomes your ‘hole’ card in avoiding mistakes. Our inquiry on HIS is a good example of how that works, an attorney ‘double checks’ a power question while I also share good news on testing centers…
Q: I understand the HIS (Home Improvement Salesperson) registration is for employees that are selling products door to door, for example, selling doors, windows, etc. My company does water damage services, that is the core business. From these water damage services come the reconstruction jobs. We have an employee that will go out to visit Insurance Agents, Plumbers, and Property Management companies to introduce himself and build relationships so they can refer us their water damage jobs, and then we sign up the construction jobs. Would this mean he needs this HIS, or it doesn’t apply? He’s not going door to door to see customers, it’s more of visiting referral partners to get more work rolling in.
A: It sounds more like your remediation company’s employees are advertising for services. If these employees who are contacting Insurance companies and Property Management companies, are not selling home improvement contracts when they are making these contacts or paying anyone for connecting them with home improvement contracts (BPC 7157) then they are not really acting in the capacity of a Home Improvement salesperson, and shouldn’t need an HIS registration. HIS registration is required for anyone soliciting, negotiating, and executing contracts for home improvements. You can find out more here http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=7152.
Q: In your last installment, you mentioned the CLSB was potentially opening testing back up on the 15th, but you were a bit unsure. Did they re-open? I’ve been anxiously waiting for weeks to take my exam that was originally scheduled for June 7th.
A: Yes, they did, with the exception of the Berkeley location, which is closed until further notice. All candidates will be required to practice social distancing (which the CSLB has accommodated for with computers and seating), wear a mask, and they have lowered the seating capacity of the facilities.
Q: I am an attorney and I have used and referred your services in the past. One of my clients contacted me and he actually hired another consulting firm to assist him with the process of obtaining a license. While I am encouraging him to call you to pick it up from here, the other consultant requested that my client sign a POA (Power of Attorney) in order to handle the process on his behalf. Is this something that you’ve heard of?
A: Yes, Capitol Services gives applicants that option as well, obviously assuming they are comfortable doing so. The CSLB requires a POA be in file in order to communicate with anyone other than the applicant with regards to their application.