O'Neil v. Department of Professional & Vocational Standards

STEPHENS, P. J.

This is an appeal from a judgment of the superior court in a writ of review sued out against the “Department of Professional and Vocational Standards, Carlos W. Huntington, Registrar of Contractors and Isabel Lambert”. The matter here is upon the amended petition.

Title 130-a, Act 1660, General Laws, Deering’s 1933 Supplement, sets up an elaborate system of licensing general contractors and places its administration under the jurisdiction of, and creates a bureau within the Department of Professional and Vocational Standards (sec. 377, Pol. Code) which shall be known as the contractor’s license bureau. A “registrar” and “deputy registrar” of contractors is authorized (sec. 4). To obtain a license .under the act, application must be made setting forth certain detail and no license is issued until and unless the applicant has satisfied the “registrar” of his integrity and fitness (sec. 5). All licenses expire on the last day of June of each year and renewals may be had (sec. 7). The registrar is authorized to initiate or to entertain upon a verified complaint an investigation looking to the

suspension

or

permanent revocation

of such license for certain causes (sec. 9).

The instant case was started before the registrar by the filing of a complaint against petitioner by Isabel Lambert

[397]

alleging various causes of complaint in petitioner’s execution of a dwelling contract that had theretofore been entered into between them. The prayer for relief is general in nature. The hearing was had before a “District Supervisor”, the testimony was reduced to writing and such district supervisor made “Findings and Recommendation”. Under such heading the district supervisor found certain facts alleged to be true and recommended that petitioner be “found guilty and his name be flagged in Sacramento, and that no renewal of license or new license be issued until such time as the Registrar of Contractors is satisfied that he is worthy of having a contractor’s license”. Apparently, though this does not definitely appear, this report reached the “Registrar of Contractors”, who made a