Section 863 - Public Access to InformationThe Registrar shall establish a system whereby members of the public may obtain from board records information regarding complaints made against licensed contractors, their history of legal actions taken by the board, and license status, as hereafter specified. For purposes of this section, "complaint" means a written allegation which has been investigated and has been referred for legal action against the licensee. For purposes of this section, "legal action" means referral of the complaint for the issuance of a citation, accusation, statement of issues, or for the initiation of criminal action or injunctive proceedings.
(a) The Registrar shall maintain records showing the complaints received against licensees and, with respect to such complaints, shall make available to members of the public, upon request, the following information: (1) The nature of all complaints on file against a licensee which have been investigated by a Deputy Registrar and referred for legal action against the licensee by the District Office. Information regarding complaints which are in the process of being screened, mediated, arbitrated or investigated shall not be disclosed.(2) Such general cautionary statements as may be considered appropriate regarding the usefulness of complaint information to individual consumers in their selection of a contractor.(3) Whenever complaint information is requested, the information disclosable under subsections (c) and (d) below shall also be released.(b) If a complaint results in a legal action and is subsequently determined by the registrar, the Office of the Attorney General or a court of competent jurisdiction not to have merit, it shall be deleted from the complaint disclosure system.(c) The Registrar shall maintain records showing a history of any legal actions taken by the board against all current license holders and shall make available to members of the public, upon request, all the following information:(1) Whether any current license holder has ever been disciplined by the registrar and, if so, when and for what offense; and(2) Whether any current licensee has ever been cited, and, if so, when and for what offense, and, whether such citation is on appeal or has been complied with;(3) Whether any current license holder is named as a respondent in any currently pending disciplinary or legal action.(d) The Registrar shall maintain records showing certain licensing and bonding information for all current license holders and shall make available to members of the public, upon request, all the following information regarding current license holders: (1) The name of the licensee as it appears in the board's records; and(2) The license number; and(3) The classification(s) held; and(4) The address of record; and(5) The personnel of the licensee; and(6) The date of original licensure; and(7) Whether a bond or cash deposit is maintained and, if so, its amount; and(8) If the licensee maintains a bond, the name and address of the bonding company and the bond's identification number, if any.(e) Limitation of access to information. Further, the Registrar may set reasonable limits upon the number of requests for information responded per month from any one requestor.Cal. Code Regs. Tit. 16, § 863
1. Editorial correction filed 7-19-84 (Register 84, No. 29).
2. Amendment filed 4-10-92; operative 5-11-92 (Register 92, No. 18). Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7124.5 and 7124.6, Business and Professions Code.
1. Editorial correction filed 7-19-84 (Register 84, No. 29).
2. Amendment filed 4-10-92; operative 5-11-92 (Register 92, No. 18).