This section establishes a Structural Pest Control Board within the Department of Consumer Affairs, composed of seven members. The board is responsible for managing and enforcing pest control laws, prioritizing consumer protection. This law section is set to end on January 1, 2028, unless a new law changes or extends that date. After it ends, the board will be reviewed by legislative committees.
(a)CA Business and Professions Code § 8520(a) There is in the Department of Consumer Affairs a Structural Pest Control Board, which consists of seven members.
(b)CA Business and Professions Code § 8520(b) Subject to the jurisdiction conferred upon the director by Division 1 (commencing with Section 100), the board is vested with the power to and shall administer the provisions of this chapter.
(c)CA Business and Professions Code § 8520(c) It is the intent of the Legislature that consumer protection is the primary mission of the board.
(d)CA Business and Professions Code § 8520(d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date. Notwithstanding any other
law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
Structural Pest Control Board Department of Consumer Affairs consumer protection board members pest control laws review by Legislature jurisdiction Board's mission board responsibilities January 1 2028
(Amended by Stats. 2023, Ch. 507, Sec. 1. (SB 813) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)
This law emphasizes that the main job of the Structural Pest Control Board is to protect the public. If there's ever a conflict between public safety and other goals, keeping people safe should always come first.
Protection of the public shall be the highest priority for the Structural Pest Control Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
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(Added by Stats. 2002, Ch. 107, Sec. 34. Effective January 1, 2003.)
This law section describes the transfer of the Structural Pest Control Board from the Department of Pesticide Regulation to the Department of Consumer Affairs. Despite this move, the same registrar, board members, and employees will continue in their roles. The board retains the same duties and powers, and all existing records and property are transferred. Any legal references to the board should now be understood as referring to it under the Department of Consumer Affairs.
(a)CA Business and Professions Code § 8520.2(a) The Structural Pest Control Board is hereby transferred from the jurisdiction of the Department of Pesticide Regulation and placed under the jurisdiction of the Department of Consumer Affairs.
(b)CA Business and Professions Code § 8520.2(b) The registrar of the board under the jurisdiction of the Department of Pesticide Regulation shall remain as the registrar of the board under
the jurisdiction of the Department of Consumer Affairs.
(c)CA Business and Professions Code § 8520.2(c) The members appointed to the board while under the jurisdiction of the Department of Pesticide Regulation shall remain as members of the board under the jurisdiction of the Department of Consumer Affairs.
(d)CA Business and Professions Code § 8520.2(d) All employees of the board under the jurisdiction of the Department of Pesticide Regulation are hereby transferred to the board under the jurisdiction of the Department of Consumer Affairs.
(e)CA Business and Professions Code § 8520.2(e) The duties, powers, purposes, responsibilities, and jurisdictions of the board under the jurisdiction of the Department of Pesticide Regulation shall remain with the board under the jurisdiction of the Department of Consumer Affairs.
(f)CA Business and Professions Code § 8520.2(f) For the performance of the duties and the exercise of the
powers vested in the board under this chapter, the board shall have possession and control of all records, papers, offices, equipment, supplies, or other property, real or personal, held for the benefit or use by the board formerly within the jurisdiction of the Department of Pesticide Regulation.
(g)CA Business and Professions Code § 8520.2(g) Any reference to the board in this chapter or in any other provision of law or regulation shall be construed as a reference to the board under the jurisdiction of the Department of Consumer Affairs.
Structural Pest Control Board Department of Consumer Affairs Department of Pesticide Regulation board transfer registrar board members employee transfer duties and powers records retention legal references
(Amended by Stats. 2013, Ch. 352, Sec. 11. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
This section explains that the board consists of seven members. Three need to be pest control operators licensed for at least five years and residents of the state. The other four members are public individuals who aren't licensed by the board.
The board is composed of seven members, three of whom shall be, and shall have been for a period of not less than five years preceding the date of their appointment, operators licensed under this chapter actively engaged in the business of pest control and who are residents of this state, and four public members who shall not be licentiates of the board.
pest control operators licensing requirements board members public members California residents five-year experience business of pest control appointment requirements board composition non-licentiates
(Amended by Stats. 1983, Ch. 189, Sec. 2.)
This section explains how the members of a certain board are appointed and the rules regarding their terms. Board members are appointed for four years but can be removed at any time by the appointing authority. If a member leaves before their term ends, someone else is appointed to finish that term. Members can only serve two consecutive terms. The Governor appoints two public members and three licensed members from nominations. The Senate and Assembly also appoint public members to the board. The appointment process involves soliciting nominations from interested parties like the pest control industry and consumer organizations. Nominations must be submitted in writing and include specific details about the nominee and nominator.
(a)CA Business and Professions Code § 8522(a) Members of the board shall be appointed for a term of four years, subject to removal by the appointing power at his or her pleasure.
(b)CA Business and Professions Code § 8522(b) Vacancies shall be filled by the appointing power for the unexpired term.
(c)CA Business and Professions Code § 8522(c) Each member shall hold office until the appointment of his or
her successor not to exceed one year from the expiration of the term for which he or she was appointed. No person shall serve as a member of the board for more than two consecutive terms.
(d)CA Business and Professions Code § 8522(d) Each appointment shall be for a four-year term expiring four years after either the date of the appointment or the date a previous term expired.
(e)CA Business and Professions Code § 8522(e) From the nominations received pursuant to subdivision (f), the Governor shall appoint two of the public members and the three licensed members qualified as provided in Section 8521. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member, and their initial appointment shall be made to fill, respectively, the first and second public member vacancies that occur on or after January 1, 1983.
(f)Copy CA Business and Professions Code § 8522(f)
(1)Copy CA Business and Professions Code § 8522(f)(1) At least 60 days prior to
the appointment by the Governor of a public member or licensed member to the board, the director shall solicit nominations to the board from interested parties by mailing them a notice and by posting a notice on the department’s Internet Web site. Interested parties include, but are not limited to, members or representatives from the structural pest control industry and organizations representing consumer, environmental, and real estate interests.
(2)CA Business and Professions Code § 8522(f)(2) All nominations shall be made in writing and shall include (A) the name and address of each nominee, (B) if an operator, his or her license number, and (C) the name, address, and affiliation, if any, of the nominator.
(3)CA Business and Professions Code § 8522(f)(3) The nominations shall be mailed to the director and shall be made available to the Governor and the director.
board members four-year term removal by appointing power vacancies successor appointment term expiration Governor appointments public member licensed member nominations pest control industry consumer organizations nominee details nominator details Senate Committee on Rules Speaker of the Assembly
(Amended by Stats. 2010, Ch. 238, Sec. 1. (AB 1736) Effective January 1, 2011.)
This section outlines that the board must choose a president to serve for one year. The board is required to meet every October. Additionally, the president or any three board members can call special meetings at any time, with notice given as the board decides.
The board shall organize and elect a president who shall serve for one year.
The board shall meet annually during the month of October.
Special meetings may be called at any time by the president or by any three members of the board, upon notice for such time and in such manner as the board may provide.
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(Amended by Stats. 1945, Ch. 1027.)
This law states that at least four board members need to be present to conduct official business or make decisions. If a spot on the board is empty, the board can still function as long as four members are present.
Four members of the board shall constitute a quorum for the transaction of business, for the performance of any duty, or the exercise of any power or authority of the board.
A vacancy on the board shall not impair the power of the remaining members to perform all duties and exercise all powers of the board providing the members remaining constitute a quorum.
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(Amended by Stats. 1961, Ch. 1821.)
This law allows a board, with approval, to create, change, or eliminate rules necessary for pest control practices. They must communicate with the Department of Pesticide Regulation if their rules impact pesticide regulation or county responsibilities.
(a)CA Business and Professions Code § 8525(a) The board, subject to the approval of the director, may, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, adopt, amend, repeal, and enforce reasonably necessary rules and regulations relating to the practice of pest control and its various branches as established by Section 8560 and the administration of this chapter.
(b)CA Business and Professions Code § 8525(b) The board shall consult with the Department of Pesticide Regulation when developing or adopting regulations that may affect the Department of Pesticide Regulation or a county agricultural commissioner’s responsibilities pursuant to Division 7 (commencing with Section 12500) of the Food and Agricultural Code.
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(Amended by Stats. 2013, Ch. 352, Sec. 12. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
This law states that each member of the board is entitled to receive daily payment and reimbursement for expenses as outlined in another section, Section 103.
Each member of the board shall receive a per diem and expenses as provided in Section 103.
board member compensation per diem reimbursed expenses board expenses Section 103 payment for board members daily allowance expense provisions board member payments reimbursement policy
(Repealed and added by Stats. 1959, Ch. 1645.)
The Structural Pest Control Board in California must have an official seal with specific wording, and it is the registrar's job to look after it.
The board shall adopt and use a seal. The seal shall have the words “Structural Pest Control Board, State of California,” and such other devices as the board may desire, engrossed thereon. The registrar shall have the care and custody of the seal.
Structural Pest Control Board official seal State of California registrar seal care seal custody board seal engrossed words seal devices seal design
(Added by Stats. 1941, Ch. 1163.)
The board, with the director's approval, will appoint a registrar who will act as the board's executive officer and secretary. They will also decide on the registrar's pay and responsibilities. This setup is temporary and will end on January 1, 2028, unless a new law changes this date.
(a)CA Business and Professions Code § 8528(a) With the approval of the director, the board shall appoint a registrar, fix the registrar’s compensation, and prescribe the registrar’s duties.
(b)CA Business and Professions Code § 8528(b) The registrar is the executive officer and secretary of the board.
(c)CA Business and Professions Code § 8528(c) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date.
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(Amended by Stats. 2023, Ch. 507, Sec. 2. (SB 813) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)
This law allows the registrar, with necessary approvals and under certain employment laws, to hire and decide the pay for extra staff as needed.
The registrar, with the approval of the board and of the director, and subject to the State Civil Service Act, may appoint and fix the compensation of such other assistants as may be necessary.
registrar approval board director State Civil Service Act appoint assistants compensation hiring process employment regulations staffing needs
(Amended by Stats. 1985, Ch. 1382, Sec. 11.)
This law allows the board, with the director's approval, to set up its main office and additional offices anywhere in the state.
The board, with the approval of the director, may establish the main office of the board, and branch offices of the board in any city of this State.
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(Repealed and added by Stats. 1941, Ch. 1163.)
This law requires the registrar to keep detailed records of everything the board does. They need to have a complete list of all license and registration applications, any licenses or registrations given out or renewed, and any that have been revoked, canceled, or suspended, and these records should be accessible at the board's office.
The registrar shall keep a complete record of the board’s actions, and shall maintain at the office of the board a complete index record of all applications for licenses and registrations issued, licenses renewed, and all revocations, cancellations, and suspensions of licenses and registrations.
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(Amended by Stats. 1985, Ch. 1348, Sec. 25. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
The board must keep a permanent record of the minutes from its annual and special meetings at the registrar's office.
The board shall prepare minutes of its annual meeting and any special meetings, which shall be permanently maintained at the office of the registrar.
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(Amended by Stats. 1969, Ch. 371.)
This law states that any copies of records or documents kept by the board, which are certified by the registrar and sealed with the board's official seal, can be used as evidence in California courts just like the original documents.
Copies of all records and papers in the office of the board, certified by the registrar under the seal of the board shall be received in evidence in all courts of this State in all cases equally and with like effect as the originals of such papers and records.
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(Repealed and added by Stats. 1941, Ch. 1163.)
The registrar, with the board's approval, can publish a list of licensed people and registered companies when funds are available. This list can be shared with certain state agencies and registered companies as needed. It can also be sold to others at a price set by the board.
Whenever funds are available for the purpose, the registrar, at the discretion of the board, may publish, or cause to be published, a roster of the individuals licensed and companies registered under the provisions of this chapter. A copy of such roster may be furnished to registered companies and such state agencies as the registrar may select, at such intervals as he or she deems necessary. Copies of the roster may be sold at a price fixed by the board.
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(Amended by Stats. 1985, Ch. 1348, Sec. 26. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
This law allows the board to direct the registrar to share information about pest control regulations whenever there are funds available. This information can be sent to people and companies involved in pest control, as well as public officials and others interested in pest control practices, to help ensure everyone understands how the rules are being applied and enforced.
Whenever funds are available for the purpose, the registrar, at the direction of the board, may publish and disseminate to individuals licensed and companies registered under this chapter and to public officials and other persons interested in the practice of pest control, such information relative to the administration and enforcement of this chapter as the board deems necessary to carry out its purposes.
pest control licensing registration public officials information dissemination regulation enforcement administration funds availability public interest information distribution
(Amended by Stats. 1985, Ch. 1348, Sec. 27. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
This law section allows the registrar and board members to officially swear people in when handling matters related to this chapter of the Business and Professions Code.
The registrar, and any member of the board, may administer oaths for the purpose of administering this chapter.
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(Added by Stats. 1941, Ch. 1163.)
This law states that anyone who makes products, works for someone who does, or consults for them, cannot be chosen to be on the board.
No manufacturer, his or her agents or employees, nor any person who is a consultant of or connected with any manufacturer, shall be appointed to the board.
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(Amended by Stats. 2010, Ch. 238, Sec. 3. (AB 1736) Effective January 1, 2011.)
