February 14, 2014 by The California Contractors License Guru LET?S TAKE A MINUTE TO DISCUSS CSLB APPLICATION DENIALS AND THE APPEALS PROCESS.

it's a boring subject I know, but it's good information to have if you find yourself stuck in the AIU vortex.

If your application is denied by the Application Investigation Unit, Section 485 kicks in.

Upon denial of an application for a license under this chapter or Section 496, the board shall do either of the following:

• (a) File and serve a statement of issues in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
• (b) Notify the applicant that the application is denied, stating (1) the reason for the denial, and (2) that the applicant has the right to a hearing under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code if written request for hearing is made within 60 days after service of the notice of denial. Unless written request for hearing is made within the 60-day period, the applicant?s right to a hearing is deemed waived. Service of the notice of denial may be made in the manner authorized for service of summons in civil actions, or by registered mail addressed to the applicant at the latest address filed by the applicant in writing with the board in his or her application or otherwise. Service by mail is complete on the date of mailing.

The key here is that 60 day deadline to file your appeal request. I would suggest filing your appeal as soon as possible to get the appeal process started.

From here Section 487 applies and it outlines the Hearing process.

If a hearing is requested by the applicant, the board shall conduct such hearing within 90 days from the date the hearing is requested unless the applicant shall request or agree in writing to a postponement or continuance of the hearing. Notwit'standing the above, the Office of Administrative Hearings may order, or on a showing of good cause, grant a request for, up to 45 additional days within which to conduct a hearing, except in cases involving alleged examination or licensing fraud, in which cases the period may be up to 180 days. In no case shall more than two such orders be made or requests be granted.

The important part in this section is that the hearing shall be conducted within 90 days of the hearing being requested. Unless you, the applicant, request or agree to a continuance. I wouldn?t agree to a continuance because I wouldn?t want to give the board the ability to delay the process any further. If the OAH grants a request for extension, you're stuck with it. The CSLB likes to say that the process can take 4-6 months, but I think this is a scare tactic. Section 487 suggests that a hearing could take place in as little as 3 months.

After a hearing request is submitted, Section 488 comes in to play.

Except as otherwise provided by law, following a hearing requested by an applicant pursuant to subdivision (b) of Section 485, the board may take any of the following actions:

• (a) Grant the license effective upon completion of all licensing requirements by the applicant.
• (b) Grant the license effective upon completion of all licensing requirements by the applicant, immediately revoke the license, stay the revocation, and impose probationary conditions on the license, which may include suspension.
• (c) Deny the license.
• (d) Take other action in relation to denying or granting the license as the board in its discretion may deem proper.

This one is interesting because of item (c). This suggests that the CSLB could deny the license? again. What's curious is that it was a denial that led you down the appeal/hearing path in the first place.

So there you have it, some interesting facts about CSLB application denials and the appeals process.

My name is Chris Cardillo, and I?m the founder of SpecBid.com We are the first (and only) cloud based platform for buyers and sellers of building products. Having sold building materials in NYC for many years, the time for a platform like SpecBid is overdue.

Often I?m asked who my competition is. And the answer that usually comes to mind first is "the industry that I?m trying to change?

When it comes to technology revolutionized industries, construction is usually at the bottom of the list. And that?s unfair. Building methods, 3D imaging, BIM, LEED certifications, etc are all at the forefront of the latest technology offerings. However, for procurement and purchasing, transparency, time management, minimizing redundancy, etc?.construction is stuck in a technological abyss.

I set out to accomplish a few things when I created SpecBid;

• Create an efficiency marketplace for buyers and sellers of materials, tools and equipment.
• Match both parties in real time, easily.
• Accessible from anywhere.
• Highlight transparency, and strengthen existing relationships, while creating new ones.
• Real Time lead generation.
• Most of all, save users of the SpecBid platform Time and Money.

Sounds Simple. We charge minimal monthly fees, provide a great service, and do it in a way that almost everyone (if you Don't have an internet connection in 2013, then there's not much we can do for you) can utilize and take advantage of.
So why is there'so much resistance ? And push back ? We have several hundred companies (currently we are still in beta) using it daily, and cannot live without it.

We just signed a major NY county with over 1Bil in procurement yearly. They committed to it immediately. We must be on to something.

Everyday, while I?m presenting to prospects, they complain, ad nauseum, about how much money They are losing. And how terrible their buying process is. And how They are only in business to ?pay the employees salaries", etc.

Yet, when presented with at least one way to solve aspects of that, they shy away.

Is it because we, as construction professionals are too ?old school" to learn anything new ? I get that a lot.

Are we ?too cool to use an iPad on a jobsite?" I get that a lot also.

These are the same people checking stock prices, sports scores, facebook, etc on their smartphones.

Everyday I get responses ranging from sincere and honest, to downright embarrassing;

• I love SpecBid but my employees will laugh at me if I use anything other than a napkin, or the back of drywall to put my material lists together.
• I have no idea what I?m spending on materials, all I do is pay the bills when they come in. I?m sure I?m losing a fortune, but Don't have the time to look into it.
• I know my purchasing agent gets kick backs and makes himself/herself a partner at times, but They are reliable and it keeps them here.
• I always pay my bills late, so my suppliers charges me top dollar.
• My competitors will know what I?m paying.
• I?ve been buying from this supplier for 20 years, I get everything at his cost. He treats me like a partner, doesn?t make a penny on me. - That?s my favorite one. I prove it wrong daily with SpecBid.

There are too many to list at this point. And let?s be clear, these responses are from companies large and small.

At this point, and I?m speaking to a very wide audience, What do you have to lose ?

Embrace some of the technology offerings out there, whether it be SpecBid, or something else. Own the process, and make smarter decisions. And most of all, and this goes out to all buyers;

If you want your suppliers to truly treat you like partners, then approach them as informed, conscientious, and aware industry professionals. Desperation buying, late payments, and industry ignorance will always keep you paying more than you should. A highly disorganized purchasing process will keep you locked in a bad cycle that?s almost impossible to get out of.