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xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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I recently renewed my CA contractors license. I sent the renewal

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I recently renewed my CA contractors license. I sent the renewal fee on time, they cashed my check, but they now want a delinquency fee of 180.00 because I forgot to sign the renewal form. It was deemed "unacceptable. Do I have any legal right to contest this, though they state otherwise.
Thanks for using JustAnswer.com It will be my pleasure to assist you today.

Was the check cashed before they deemed your application "unacceptable?"

Thanks
Customer: replied 3 years ago.

They cashed the check on the 8th the letter to me was written on the 13th, so yes?

Hi Keith,

What a racket! When was the application due?

Thanks
Customer: replied 3 years ago.

The application needed to be postmarked by the 28th and it was-they have it marked as such on the returned application.

Hi Keith,

I am looking up a few things for you. I will be back shortly with an answer.

Thanks
Customer: replied 3 years ago.

No problem. Also, I am wondering and maybe this is what you are looking into is whether there is a ca state "law" that triumphs any federal law governing contracts etc. involving this agency

Hi Keith,

Unfortunately, you do NOT have a legal cause to fight the "delinquent fee." The State Licensing Board REQUIRES that certain information be included in a renewal, including the signature of the appropriate person(s). If the information is not completed, the Board will reject the application. The Board will keep your application fee money and charge you the $180.00 delinquency fee. The delinquent fee CANNOT be waived.

Below is a link to the requirements for renewing a contractor license. You will note that the signature IS required to make an application "acceptable."

http://www.cslb.ca.gov/Contractors/MaintainLicense/CompletingYourRenewalApplication.asp

Also, below please find the consequences for not renewing your license (or not having an "acceptable".

http://www.cslb.ca.gov/contractors/maintainlicense/FailingtoRenewYourLicense.asp


If you have been working on any jobs after your license expired, you can Petition for Retroactive Renewal. However, even if your Petition is granted, you STILL must pay the delinquency fee. The requirements for a Retroactive Petition are outlined in the above link. If you have been working on any jobs, you SHOULD file a Petition for Retroactive Renewal. If you don't and the customer sues you for any reason or files a Complaint against you with the State, you will be deemed to have been working without a license. That could be disastrous for you. So, the sooner you take care of renewing your license by paying the delinquent fee, the sooner your license will be valid.

I wish that I could have provided you with a more favorable response. However, the law is clear. It would not be fair to you, and would be unethical of me, to give you an answer because it is one "that you wanted to hear."

I do hope that you find this information useful. I will have to research your question regarding any federal law. I'll get back with an answer for you asap.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

xavierjd and 3 other Legal Specialists are ready to help you
Hi Keith,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

Regarding your question about any federal law, I was only able to find the information provided in the link below.

http://www.wsgr.com/WSGR/Display.aspx?SectionName=publications/PDFSearch/wsgralert-california-employment-law-changes.htm

In most cases, federal law trumps state law, unless the federal law allows the state law to control.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd
Hi Keith,

Thanks for the generous bonus! It is GREATLY appreciated!

It was a pleasure to assist you. :)

Best of luck to you,

xavier jd