Business & LicensingQuestion 1451 of 1632

A license is not renewed by its expiration date. What is its status, and what can be done about it?

a.Revoked at once, with a new application the only route back
b.Suspended, then reinstated the day the renewal fee is paid
c.Expired, and renewable retroactively any time in five years
d.Expired, and renewable for five years, with a break in licensure

Explanation

B&P §7141(a) lets an expired license be renewed at any time within five years of expiration on a renewal application plus the renewal fee and, after the expiration date, a delinquency fee — but the section is explicit that the licensee is unlicensed and that there is a break in the licensing time between expiration and the effective date of the renewal. (c) is the trap: renewal without that gap is RETROACTIVE renewal, and §7141.5 grants it only where the completed application is delivered or postmarked within 90 days of expiration. (a) confuses expiration with revocation, which is a disciplinary act under §7090. (b) confuses it with suspension, which is imposed for cause such as a lapsed bond or lapsed workers' compensation coverage.

Law Reference: B&P Code §7141(a) / §7141.5

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