Pinney

Pinney v. Phillips

Good Law
1991 Cal. App. LEXIS 596·230 Cal. App. 3d 1570·281 Cal. Rptr. 904·91 Daily Journal DAR 6743·91 Cal. Daily Op. Serv. 4295
Court of Appeal of CaliforniaJune 6, 1991C007052California7,503 words

Opinion

Opinion

Sparks, J.

In this case the Registrar of Contractors of the Contractors’ State License Board (Registrar) revoked the license of an electrical contractor for failing to produce his business records after a written demand for them had been made under Business and Professions Code section 7111 (all further undesignated statutory references are to this code). This statute declares in relevant part that the “refusal by a licensee to comply with a written request of the registrar to make [his] records available for inspection constitutes a cause for disciplinary action.” The contractor contends that this section cannot constitutionally authorize the inspection or production of his records without a warrant or a subpoena. Consequently, his license could not lawfully be revoked for his failure to comply with the Registrar’s unconstitutional demand. The Registrar counters that this section does not require a subpoena to enforce its provisions because contractors, as a condition of their license, are required to make and keep books and records concerning their construction projects or operations, and have them available for inspection by the Registrar. The Registrar further construes this…

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