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Join the Bureau of Real Estate forum at the Sacramento Convention Center to learn about licensing, enforcement, and legal aspects of real estate.
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BUREAU of Real Estate forum Sacramento Convention Center Sacramento, CA May 2, 2014
Today’s Agenda • Opening Remarks – Commissioner Wayne Bell • Operations Report – • Jeff Mason, Chief Deputy Commissioner • CSLB Enforcement Report – • David Fogt, Chief of Enforcement (CSLB) • Enforcement Report – • Luke Martin, Citation & Fine Compliance • Officer Supervising Special Investigator • Audit Report – • Dan Sandri, Chief Auditor • Q &A
BUREAU of REAL estate • Licensing • Subdivisions • Enforcement • Legal • Recovery Account
License Population License Population High Mark: License Population as of 4/24/2014: 403,467
RECOVERY ACCOUNT • The Consumer Recovery Account became operative on July 1, 1964. • Funded from a portion of the fees paid by licensees. • It enables a person who has been defrauded or had trust funds converted by a real estate licensee, and who satisfies specified requirements to recover at least some of his or her actual loss when the licensee has insufficient personal assets to pay for that loss.
RECOVERY ACCOUNT July 1, 2012 – June 30, 2013: • Claims 77 • Paid $2,625,615 July 1, 2013 – April 24, 2014 • Claims 92 • Paid $3,697,410
Successful Contracting tips By Dave Fogt
The California Contractors State License Board regulates the construction industry through policies that promote the health, safety and general welfare of the public in matters relating to construction. CSLB: • Licenses and regulates 302,000 construction contractors in California • Regulates 43 construction license classifications • Enforces Contractor License Law www.cslb.ca.gov CSLB Scope and Mission
Under California law, any home improvement or construction work valued at $500 or more requires a license from the Contractors State License Board. Contracting without a license is illegal. Contractors License Required by Law
Worker performing services for which a license is required is an employee rather than independent contractor Property is owner is required to have workers compensation insurance and register with EDD as an employer Labor Code 2750.5
B&P Code 7028 It is a misdemeanor for any person to engage in the business or act in the capacity of a contractor within this state without having a license
B&P Code 7027.1 It is a misdemeanor for any person to advertise for construction or work of improvement … unless that person holds a valid license in the classification so advertised.
CSLB partnered with the Amador County DA and Department of Insurance Sting Conducted on February 25th. Suspected unlicensed operators were found advertising on flyers, newspapers, and online bulletin boards, including craigslist.org. Six suspects were cited, including one registered sex offender and two repeat offenders. One suspect had to be held at gunpoint by officers after he refused to cooperate, ran from investigators, locked himself in his vehicle, and made threatening movements. Another suspect was found to be on probation for making terrorists threats. Another was found to have prior criminal history as a sex offender. Two suspects had been arrested in previous CSLB stings. Pioneer Sting HIghlights
My specialty Is Handyman Extraordinaire!
B&P Code 7125.2 • The failure of a licensee to obtain or maintain workers’ compensation insurance coverage • Shall result in the automatic suspension of the license
CSLB Publications • Description of Classifications • Blueprint for Becoming a Licensed Contractor • Building Your Career as a Licensed Contractor • Contracting for Success: Guide to Home Improvement Contracts www.cslb.ca.gov Resources
David Fogt, Chief of Enforcement (916) 255-3947 david.fogt@cslb.ca.gov Leanne Young, Enforcement Representative II (707) 536-0713Leanne.Young@cslb.ca.gov Nyssa Smith, Enforcement Representative II (562) 345-7542 Nyssa.Smith@cslb.ca.gov Melissa Thompson, Enforcement Representative 916-255-4464 Melissa.Thompson@cslb.ca.gov Contact Info
CalBRE Citations Luke Martin Compliance Officer
Cite & Fine 1Business & Professions Code 2CA Code of Regulations
Authority B&P §10080.9 • Any violation subject • PRLS and unlicensed activity • Minimum – Maximum fine range • Not Exclusive • Failure to pay – A violation
Authority CCR Reg 2907 • Basics (“Due Process”) • Fine Considerations • Appeal Process • Licensee vs. Unlicensed
Program Area Application ** CURRENTLY NOT COVERED
LICENSEE MAXIMUM $2,500 MINIMUM $0
NON-LICENSEE MAXIMUM ∞ MINIMUM $0
Fine Assessment Determining an Appropriate Fine Amount
