Licensing Law Flashcards
There is in the Department of Consumer Affairs, a Contractors’ State License Board with members appointed by the Governor.
True
7000.5
Each member of the Contractors’ State License Board shall have been a citizen and resident of the State of California for at least five years preceding his appointment.
True
7002
The legislature may remove any member of the Contractors’ State License Board for misconduct, incompetency or neglect of duty.
False
The Governor may remove any member of the board for misconduct, incompetency or neglect of duty. (7005)
The Contractors’ State License Board is vested with all functions and duties relating to the administration of the Contractors’ License Law.
True
7008
The Registrar of Contractors is appointed by the Governor.
False The board (CSLB) shall appoint a registrar. (7011)
The Registrar shall be Executive Officer and Secretary of the Contractors’ State License Board and it shall be his duty to carry out all the administrating procedures.
True
7011
The Contractors’ State License Board may in its discretion review and sustain or reverse by majority vote any action or decision of the Registrar except any actions, decisions, orders or proceedings that the Registrar conducts in accordance with the provisions of the Government Code.
True
7013
“Person” as used in the Contractors’ License Law includes an individual, a firm, a co-partnership, corporation, association or other organization, or any combination of any thereof.
True
7025
The term Contractor for the purposes of the California Contractors’ License Law is synonymous with the term Builder, and includes subcontractors and specialty contractors.
True
7026
Any person who advertises with any sign or card or other device which would indicate to the public that he is a contractor is subject to the provisions of the Contractors’ License Law regardless whether his operations as a builder would be otherwise exempted.
True
7026.6
It is a misdemeanor for any person to advertise as a contractor unless such person holds a valid contractor’s license.
True
7026.7
It is unlawful for any person to engage in the business or act in the capacity of a contractor within this state without having a license therefore and he may be guilty of a misdemeanor, fined or imprisoned in the county jail or both.
True
7028
The Registrar may act through the Attorney General to uphold the Contractors’ License Law.
True
7028.3
The Registrar may act through the District Attorney of the county in which the act, practice or transaction is alleged to have been committed to uphold the Contractors’ License Law.
True
7028.3
If a person is a member, officer, director or responsible managing officer of a licensed co-partnership, corporation, firm, association or other organization, he may individually act in the capacity of a contractor within this state provided the entity which he qualifies maintains a license in good standing.
False
7114
Two or more licensees, each of whom has been issued a license to engage separately in the capacity of a contractor within this state may jointly submit a bid or otherwise act in the capacity of a contractor within this state.
False
It is unlawful for any two or more licensees to jointly submit a bid or otherwise act in the capacity of a contractor within the State without first having secured an additional license for acting in the capacity of such a joint venture or combination. (7029)
No person engaged in the business of acting in the capacity of a contractor may bring or maintain any action in any court of this state for the collection of compensation for the performance of any act or contract for which a license is required by this chapter without alleging and proving that he was a duly licensed contractor at all times during the performance of such act or contract.
True
7031
Any owner of property, building or improving structures thereon, through his own work or through his own employees with wages as their sole compensation, must have a contractor’s license.
False
This chapter does not apply to an owner of property, building or improving structures thereon, or appurtenances thereto, who does such work himself or through his own employees with wages as their sole compensation; provided that such structure, or structures, with or without the appurtenances thereto is not intended or offered for sale. (7044)
The Contractors’ License Law applies to the installation of any finished products, materials or articles of merchandise which do not become a fixed part of the structure.
False
This chapter does not apply to the sale or installation of any finished products, materials or articles or merchandise, which do not become a fixed part of the structure, or shall it apply to a materialman or manufacturer furnishing finished products, materials, or articles of merchandise who does not install or contract for the installation of such items. (7045)
The Contractors’ License Law shall not apply to a materialman or manufacturer furnishing finished products, materials or articles of merchandise who does not install or contract for the installation of such items.
True
7052
The Contractors’ License Law does not apply to any construction, alteration, improvement or repair carried on within the limits and boundaries of any site or reservation, title of which rests in the Federal Government.
True
7047
The Contractors’ License Law does not apply to any work or operation on one undertaking or project by one or more contracts, the aggregate contract price for which labor and materials and all other items, is less than five hundred dollars ($500).
True
7048
A person may advertise as a contractor as long as the job that he does has a total aggregate price of less than $200.
False
Any person who advertises or puts out any sign or card or other device which would indicate to the public that he is a contractor, or who causes his name or business namestyle to be included in a classified advertisement or directory under a classification which includes the word “contractor,” other than his license classification, is subject to the provisions of this chapter regardless of whether his operations as a builder are otherwise exempted. (7026.6) It is a misdemeanor for any person, including a person who is exempt by Section 7048 from the provisions of this chapter, to advertise as a contractor unless such a person holds a valid license under the provisions of this chapter in the classification so advertised, except that a licensed building or engineering contractor may advertise as a general contractor. (7026.7, 7048)
A specialty contractor is a contractor whose operations as such are the performance of construction work requiring specialized skill and whose principal contracting business involves the use of specialized building trades or crafts.
True
7058
A general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in its construction the use of more than two unrelated building trades or crafts, or to do or superintend the whole or any part thereof.
True
7057
A specialty contractor may take a contract involving the use of two or more crafts or trades if the performance of the work in the crafts or trades other than in which he is licensed is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.
True
7058
Normally, any person found guilty of contracting without a license shall not be qualified to take an examination for a contractor’s license for a period of six months from the date of his conviction.
True
7028
No license shall be issued to a minor, nor to any co-partnership a member of which is a minor, nor to any corporation, any officer, director or responsible managing employee of which is a minor, nor to any other kind of business organization in which a minor holds a responsible official position, unless such minor shall first have had a guardian appointed by a court of competent jurisdiction.
True
7065.5
Only the RME is required to notify the Registrar of a notice of disassociation.
False
The licensee and the responsible managing officer or responsible managing employee qualifying for such a license shall notify the registrar in writing within 90 days from such cessation. (7068.2)
If an RME ceases for any reason to be connected with the individual or firm to whom the license is issued, the licensee and the responsible managing officer or responsible managing employee, qualifying for such license shall notify the Registrar in writing within 30 days and request a hearing.
False
The licensee and the responsible managing officer or responsible managing employee qualifying for such a license shall notify the registrar in writing within 90 days from such cessation. (7068.2)
If the licensee or his responsible managing officer or responsible managing employee qualifying for the license fails to notify the Registrar in writing of a disassociation within 90 days, at the end of this period, the license shall be automatically suspended.
False
If a notice is given, the license shall remain in force for a reasonable length of time to be determined by the rules of the board. (7068.2)
If a license is suspended because the Registrar is not notified of the disassociation of a responsible managing employee, the licensee will have to make a new original application for a license.
False
An original application is not necessary; however, a replacement form would have to be completed. (7068.2)
Any one partner of a licensed partnership may terminate the license by written notice to the Registrar of Contractors.
True
795.5, 7076
If disciplinary action is taken against a licensed contractor, the Contractors’ License Board shall require as a condition to the re-issuance of the license that a bond be posted.
True
7071.8
The claim of any employee of the contractor for wages and fringe benefits shall be a preferred claim against any bond or cash deposit.
True
7071.10
The Registrar shall furnish a certified copy of any license issued upon receipt of the sum of twenty five dollars ($25.00).
True
122
All licensees shall report to the Registrar of all changes of personnel, name style or address recorded under this chapter within 90 days after the changes are made.
True
7083
The Registrar may upon his own motion and shall upon the verified complaint in writing of any person, investigate the actions of any contractor within the state and may temporarily suspend or permanently revoke any license if the holder, while a licensee or applicant hereunder, is guilty of or commits any one or more of the acts or omissions constituting causes for disciplinary action.
True
7090
All accusations against licensees shall be filed within four years after the act or omission alleged as the ground for disciplinary action, except that with respect to an accusation alleging a misrepresentation of a material fact by an applicant in obtaining license, the accusation may be filled within two years after the discovery by the Registrar of the facts constituting the fraud or misrepresentation prohibited by this section.
True
7091
Registrar may order immediate complete suspension by the licensee of all operations as a contractor for a fixed period of time.
True
7095
Registrar may permit the licensee to complete any and all contracts shown by competent evidence to be uncompleted.
True
7095
The Registrar may impose upon the licensee compliance with such specific conditions as may be just in connection with his operation as a contractor and may further provide that until such conditions are complied with no application for restoration of the suspended or revoked license shall be accepted by the Registrar.
True
7095
If a license is suspended following a hearing and was issued through the experience of a qualifying individual, any additional licenses qualified by the same individual may be suspended by the Registrar without further notice.
True
7097
If a license is revoked following a hearing and was issued through the experience of a qualifying individual, any additional licenses qualified by the same individual, may be revoked by the Registrar without further notice.
True
7098
In any proceeding for review by a court, the court may in its discretion, upon the filing of a proper bond by the licensee in an amount to be fixed by the court, but not less than one thousand dollars ($1,000), guaranteeing the compliance by the licensee with specific conditions imposed upon him by the Registrar’s decision, permit the licensee to continue to do business as a contractor pending entry of judgment by the court in the case.
True
7100
After suspension of a license, a licensee must wait at least six months to have his license reinstated.
False
The Registrar may reinstate the license upon proof of compliance by the contractor with all the provisions of the decision as to reinstatement, or in the absence of such decision or any provisions therein as to reinstatement, in the sound discretion of the Registrar. (7102)
After revocation of a license upon any of the grounds set forth in the Contractor’s License Law, the license shall not be reinstated or reissued within a period of six months after the final decision of revocation and then only on proper showing that all loss caused by the act or omission for which the license was revoked has been fully satisfied and all conditions imposed by the decision of revocation have been complied with.
False
The license shall not be reinstated or reissued with in a period of one year after the final decision of revocation and then only on proper showing that all loss caused by the act or omission for which the license was revoked has been fully satisfied and that all conditions imposed by the decision of revocation have been complied with. (7102)