Enforcement actions by the Board are in progress. There have been a backlog and slowly that backlog is being address.
A: When a complaint has been filed there is often no official notification from the Board until the investigator shows up. Often however you may be aware that a complaint will be filed by a party when a project has gone awry. You may not be aware when there is a complaint by someone other than an owner -- for example, a competitor who believes that your website is inappropriately offering services for which a license is required. If you suspect a complaint will be filed, if an owner has legal counsel or if legal action has been taken against you, I strongly enourage you to contact an
attorney who can help you prepare for a possible action in advance and to have your ducks in a row. In some cases, your attorney may be able to help you avoid a complaint or to take action to resolve issues.
You will not be given a copy of the complaint. That information is confidential. If however the complaint is about a certain project, you may be able to find out the project address and the general nature of the complaint so that your attorney can respond appropriately.
A: While a number of compalints may be found meritless, the investigator may offer a voluntary cease and desist order. Whether this is appropriate for you should be discussed with legal counsel. THERE IS NO PENALTY FOR REFUSING TO SIGN IT WHEN FIRST OFFERED. I have witnessed the Board offer voluntary C&D Orders at the conclusion of a Board hearing. The important thing for you to understand is what are the legal issues and the practical and legal consequences, not only to your license (if you have one) but as to your business and other legal matters. In some cases there may be a "slap on the wrist" for a first time violator (but you are now on the radar and expect a second complaint to have more serious consequences),
Consent Orders and Board Decisions are part of the public record once final and the existence of the order or decision is posted on the Board's website and in the minutes of the meeting. For licensed contractors, notices of hearings, orders and decisions may be linked to your license. For non-licensed persons, they may be listed on a website.
A: There are a number of things that will happen at a Board hearing and this is by no means a complete listing. The investigator will present their case, present evidence and witnesses. You have the right to subpoena witnesses and present evidence. Rules of evidence may come into play. The Board may have information before them as to specific allegations or issues that have not been provided to you and you may be asked to address these issues by Board members.
I have successfully defended a specialty contract who in part was in part accused of being an unlicensed contractor merely because the specialty contract exceeded $10,000. The investigator misunderstood the application of the rule.
Q: What are my options when the Board takes against me in a final decision?
A: Judicial Review of Board Action is commenced by filing a Petition for Judicial Review with the appropriate court. Several factors come into play in a review: (1) Investigating the initial decision and procedure, (2) why, as a matter of law, the decision or action was incorrect, (3) demonstrating that the law, rule or policy was applied incorectly and(4) questioning the application of the law and the policy.
A: Well hopefully a positive outcome may be achieved but there are potential monetary files, revocation or suspension of license or other serious consequences. In some cases, there may be a recommendation for criminal action. You may have rights to appeal for judicial review.