Alley & Company v. Office of Administrative Hearings CA3

FACTS AND PROCEEDINGS

On March 14, 2007, the Board filed an accusation against plaintiff regarding a 2004 construction project. In October 2008, the Board expanded the accusation to include additional projects. In August 2009, plaintiff and counsel for the Board agreed to settle the matter by way of the disciplinary order. The order provided that plaintiff’s contractor’s license would be revoked, but such revocation would be stayed and plaintiff would be placed on probation for a period of two years. The order further provided that it would not become effective until signed by the Registrar of the Board (Registrar). On September 3, 2009, the Registrar issued an order adopting the disciplinary order and specifying that such order would go into effect on October 14, 2009. In the meantime, plaintiff learned that Business and Professions Code section 7124.6 requires that notice of any disciplinary action be maintained on the Board’s website for five to seven years. Plaintiff sought assurances from the Board that information on the website would be removed at the end of the two-year probationary period. After the Board failed to provide such assurances, plaintiff requested that the…