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law-businessBusiness Organization & Employer ObligationsHARD

Under California regulations, when a qualifying individual disassociates from a contracting business, what is the maximum period the contractor's license remains valid without a replacement qualifier?

Correct Answer

B) 90 days

California Code of Regulations Title 16, Section 823.5 provides that when a qualifying individual disassociates, the contractor has 90 days to replace the qualifier or the license becomes invalid. The CSLB must be notified within 90 days of the disassociation, and a replacement qualifier must be added within this timeframe to maintain license validity.

Answer Options
A
30 days
B
90 days
C
60 days
D
120 days

Why This Is the Correct Answer

California Code of Regulations Title 16, Section 823.5 grants a 90-day grace period after a qualifying individual disassociates from a contracting business. During this time, the company must notify the CSLB and secure a replacement qualifier. If no replacement is named within 90 days, the license automatically becomes invalid. The 90-day window balances business continuity with the public interest in having licensed contractors managed by qualified individuals.

Why the Other Options Are Wrong

Option A: 30 days

30 days is too short. While 30 days might seem reasonable for administrative purposes, the California regulation specifically provides 90 days, giving the business adequate time to recruit, verify, and register a new qualifying individual with the CSLB.

Option C: 60 days

60 days is a plausible distractor but is not the period specified in Title 16, Section 823.5. The correct statutory grace period is 90 days, not 60. Confusing 60-day and 90-day periods is a common exam pitfall.

Option D: 120 days

120 days exceeds the statutory grace period. There is no provision in the California regulations that extends the grace period to 120 days for standard disassociations. The 90-day limit is firm under Section 823.5.

Memory Technique

Associate the qualifier grace period with '90 days = 3 months to find your Q.' Think of Q as the qualifying individual β€” you have one fiscal quarter (90 days) to replace your Q before the license dies. The number 90 connects to '90-day quarter' in business planning.

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