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| Accusations of violations of the Business & Professions Codes by Ron McKenna, owner of Decktech Inc are about to be filed by the CSLB. In this photo, McKenna is seen arriving at an arbitration regarding the same matter. |
Is Ron McKenna's and Decktech's clock running out? Will their license be suspended or revoked? Only time will tell, but that time is coming soon. Watch for CSLB's disclosures on Decktech's license listing at https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=796956
Decktech has been alleged to have construction defects on a current job in Morro Bay CA. The owner of that project has brought civil suit against DeckTech. This matter is currently in arbitration. However, the CSLB is pursuing McKenna on their own, alleging multiple violations of B&P codes.
At this time, consumers should decide for themselves whether to contract with a firm that may not be around to back up any warranties or work they perform.
A spokesperson for the case management office of CSLB says DeckTech's case referral to the Attorney General's office is about to be filed as an accusation.
According to Cal Construction Law Blog-
The most serious violations are subject to the filing of an accusation. In an accusation, the CSLB seeks to suspend or revoke a contractor’s license, and begins with the CSLB filing an accusation which is similar to a complaint filed in superior court and includes an allegation of claims. A contractor has 15 days from service of an accusation by the CSLB to file a notice of defense.The Administrative Procedures Act (Government Code sections 11500 et seq.) govern accusations, including limited discovery of names and addresses of witnesses, statements taken, investigative reports, and documents sought to be admitted as evidence. A mandatory settlement conference before the hearing may be conducted.
At the hearing before the Administrative Law Judge (“ALJ”) the burden is on the CSLB to prove by clear and convincing evidence that a contractor’s license should be suspended or revoked. The rules of evidence, however, are typically more relaxed. Following the hearing, the ALJ will issue a proposed decision.
The CSLB may adopt the proposed decision in whole or in part or may enter its own ruling. The CSLB can also request that additional evidence be heard. The decision of the ALJ becomes a final decision 30 days after service of proposed decision unless reconsideration is requested.
A contractor who is unhappy with a decision can seek judicial relief by filing a petition for peremptory writ of administrative mandamus in the superior court. The peremptory writ provisions of California Code of Civil Procedure section 1094.5 govern writs and require the superior court to conduct an independent review of the record. The parties may also appeal the decision of the superior court to the court of appeal.
Contractors who lose an accusation may be required to pay the CSLB’s investigative and enforcement costs and they can be substantial, running in the the tens of thousands of dollars. Like an adverse decision, a contractor can challenge the reasonableness of investigative and enforcement costs.
A contractor whose license is suspended may be reinstated upon proof of the contractor’s compliance with the conditions of suspension or, in the absence of such conditions, the discretion of the CSLB. A contractor whose license is revoked may not reinstate their license for a minimum of one year or up to a maximum of five years. A contractor will also be required to file a disciplinary bond.
At the hearing before the Administrative Law Judge (“ALJ”) the burden is on the CSLB to prove by clear and convincing evidence that a contractor’s license should be suspended or revoked. The rules of evidence, however, are typically more relaxed. Following the hearing, the ALJ will issue a proposed decision.
The CSLB may adopt the proposed decision in whole or in part or may enter its own ruling. The CSLB can also request that additional evidence be heard. The decision of the ALJ becomes a final decision 30 days after service of proposed decision unless reconsideration is requested.
A contractor who is unhappy with a decision can seek judicial relief by filing a petition for peremptory writ of administrative mandamus in the superior court. The peremptory writ provisions of California Code of Civil Procedure section 1094.5 govern writs and require the superior court to conduct an independent review of the record. The parties may also appeal the decision of the superior court to the court of appeal.
Contractors who lose an accusation may be required to pay the CSLB’s investigative and enforcement costs and they can be substantial, running in the the tens of thousands of dollars. Like an adverse decision, a contractor can challenge the reasonableness of investigative and enforcement costs.
A contractor whose license is suspended may be reinstated upon proof of the contractor’s compliance with the conditions of suspension or, in the absence of such conditions, the discretion of the CSLB. A contractor whose license is revoked may not reinstate their license for a minimum of one year or up to a maximum of five years. A contractor will also be required to file a disciplinary bond.
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