Contractors State License Board Files Accusation to Suspend or Revoke License of General Contractor in Berkeley Balcony Collapse Case
Case alleges contractor willfully disregarded plans and departed from accepted trade standards
SACRAMENTO - The California Contractors State License Board (CSLB) has filed a formal accusation (LINK) to suspend or revoke the license of Segue Construction, Inc. (#638854), the general contractor in the building of an apartment complex in Berkeley where a balcony collapsed on June 16, 2015. The collapse killed six people and seriously injured seven others.
The Accusation, filed on Tuesday, November 29, 2016, alleges that Segue willfully departed from or disregarded building plans or specifications, and willfully departed from accepted trade standards for good and workmanlike construction. The Accusation alleges that design and load analysis of the balcony established that if the balcony had been built as designed, the imposed load of the 13 students was well within the design limits of the balcony structure. The Accusation also alleges that it was the decay of the joists that caused the balcony to collapse on June 16, 2015.
The Accusation is based upon alleged violations of Business and Professions Code (BPC) section (§) 7109.
General Overview of the Administrative Process
The following is a general overview of the Administrative Procedure Act (APA). This formal APA hearing process is found in the California Government Code starting at section 11500, and continuing through section 11529, and in regulations in title 1 of the California Code of Regulations, starting at section 1000 through section 1050. Links to those codes are provided in a Media Resources section below.
- The Licensee has 15 days from the date of the accusation filing to file a Notice of Defense (NOD). Failure to file a NOD usually results in a default revocation of the license.
- If a NOD is filed, the parties may try to reach a stipulated settlement.
- If no settlement is reached, the matter may be scheduled for a hearing before an Administrative Law Judge (ALJ) within the Office of Administrative Hearings.
- After a hearing, the ALJ submits a proposed decision to the Registrar of Contractors, which may include a recommendation for discipline to be imposed.
- The Registrar of Contractors, or her designee, usually makes the final decision on any discipline.
CSLB operates under the umbrella of the California Department of Consumer Affairs, licensing and regulating almost 283,000 contractors in California.
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