Disciplinary Proceedings
Cal. BPC § 7091
California Statutes
(a)
(1) A complaint against a licensee alleging commission of any patent acts or omissions that may be grounds for legal action shall be filed in writing with the registrar within four years after the act or omission alleged as the ground for the disciplinary action.
(2) A disciplinary action against a licensee relevant to this subdivision shall be filed or a referral to the arbitration program outlined in
Section shall be referred within four years after the patent act or omission alleged as the ground for disciplinary action or arbitration or within months from the date of the filing of the complaint with the registrar, whichever is later. (b)
(1) A complaint against a licensee alleging commission of any latent acts or omissions that may be grounds for legal action pursuant to subdivision (
a) of
Section regarding structural defects, as defined by regulation, shall be filed in writing with the registrar within years after the act or omission alleged as the ground for the disciplinary action.
(2) A disciplinary action against a licensee relevant to this subdivision shall be filed within years after the latent act or omission alleged as the ground for disciplinary action or within months from the date of the filing of the complaint with the registrar, whichever is later. As used in this subdivision “latent act or omission” means
an act or omission that is not apparent by reasonable inspection. (
c) A disciplinary action alleging a violation of
Section shall be filed within two years after the discovery by the registrar or by the board of the alleged facts constituting the fraud or misrepresentation prohibited by the section. (
d) With respect to a licensee who has been convicted of a crime and, as a result of that conviction is subject to discipline under
Section 7123, the disciplinary action shall be filed within two years after the discovery of the conviction by the registrar or by the board. (
e) A disciplinary action regarding an alleged breach of an express, written warranty issued by the contractor shall be filed not later than months from the expiration of the warranty. (
f) The proceedings under this
article shall be conducted in accordance with the provisions of
Chapter 5 (commencing with
Section 11500) of Part of Division of Title of the Government Code, and the registrar shall have all the powers granted therein. (
g) Nothing in this
section shall be construed to affect the liability of a surety or the period of limitations prescribed by law for the commencement of actions against a surety or lawful money or cashier’s check deposited pursuant to paragraph (1) of subdivision (
a) of