We hold that the superior court erred in overruling the demurrer. The Board’s general rule is that a party must exhaust an available administrative remedy before resorting to the courts. While this rule is subject to exceptions, none applies here. We therefore grant the petition and issue a peremptory writ in the first instance, as Board’s we previously informed the parties was possible. (See Palma v. U.S. Industrial (1984) 36 Cal.3d 171, 177-180 (Palma).) Fasteners, Inc. Factual and Procedural Background We set forth some of the facts of this case in our opinion resolving an earlier writ of mandate filed by the Board. (See Bd. v. Superior Court Contractors’ State License (2018) 23 Cal.App.5th 125, 129-130 (BDE Below we discuss additional facts I).) pertinent to the current controversy. Statutory Background BDE is a California corporation licensed as a C-10 electrical contractor by the Board. (Cal. Code Regs., tit. 16, § 832.10.) Labor Code section 108.2, subdivision (a) requires individuals who perform work as electricians to be certified, and it prohibits those lacking certification from work for which certification is performing “electrical seeking the on-the-job experience necessary for required.” Uncertified persons certification may perform electrical work subject to certain requirements, including that the direct supervision of an electrician certified pursuant to Section they “be under 108.” (Lab. Code, § 108.4, subd. (a)(3).) The Labor Code prescribes sanctions for employers that fail to comply with these who is found by the division to have failed to provide provisions. “An employer adequate supervision may be barred by the division from employing uncertified individuals pursuant to this section in the (Lab. Code, § 108.4, subd. (a)(3).) future.” Willful violations of the statutory certification requirements may result in the suspension or revocation of a C-10 electrical contractor license. (Lab. Code, § 108.2, subd. (h).) Violations include willful employment of or more uncertified persons to perform “one work as electricians in violation of this willful to provide the adequate section,” “fail[ure]
We hold that the superior court erred in overruling the Board’s demurrer. The general rule is that a party must exhaust an available administrative remedy before resorting to the courts. While this rule is subject to exceptions, none applies here. We therefore grant the Board’s petition and issue a peremptory writ in the first instance, as we previously informed the parties was possible. (See Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 177-180 (Palma).) Factual and Procedural Background We set forth some of the facts of this case in our opinion resolving an earlier writ of mandate filed by the Board. (See Contractors’ State License Bd. v. Superior Court (2018) 23 Cal.App.5th 125, 129-130 (BDE I).) Below we discuss additional facts pertinent to the current controversy. Statutory Background BDE is a California corporation licensed as a C-10 electrical contractor by the Board. (Cal. Code Regs., tit. 16, § 832.10.) Labor Code section 108.2, subdivision (a) requires individuals who perform work as electricians to be certified, and it prohibits those lacking certification from performing “electrical work for which certification is required.” Uncertified persons seeking the on-the-job experience necessary for certification may perform electrical work subject to certain requirements, including that they “be under the direct supervision of an electrician certified pursuant to Section 108.” (Lab. Code, § 108.4, subd. (a)(3).) The Labor Code prescribes sanctions for employers that fail to comply with these provisions. “An employer who is found by the division to have failed to provide adequate supervision may be barred by the division from employing uncertified individuals pursuant to this section in the future.” (Lab. Code, § 108.4, subd. (a)(3).) Willful violations of the statutory certification requirements may result in the suspension or revocation of a C-10 electrical contractor license. (Lab. Code, § 108.2, subd. (h).) Violations include willful employment of “one or more uncertified persons to perform work as electricians in violation of this section,” willful “fail[ure] to provide the adequate