Section § 8620

Explanation

This section allows a board to investigate license holders or applicants based on their own decision or a verified complaint. If someone is found guilty of wrongdoing, the board can suspend or revoke their license. After a hearing, the board may choose to impose a civil penalty instead of suspension. The fines are up to $5,000 for suspensions of 1 to 19 days, and up to $10,000 for suspensions of 20 to 45 days. Any license suspension longer than 45 days cannot be replaced by a civil penalty. Any civil fines must be paid before the suspension takes effect or the license will remain suspended. The board may permit contract completion under suspended or revoked licenses, under certain conditions.

The board may upon its own motion, and shall upon verified complaint in writing of any person, investigate the actions of any individual acting as a licensee, or making application for a license.
After a hearing, the board may temporarily suspend or permanently revoke a license issued under this chapter if the holder, while a licensee or applicant, is guilty of or commits any one or more of the acts or omissions constituting grounds for disciplinary action. In addition to its authority to suspend or revoke a license, the board may assess a civil penalty as follows:
(a)CA Business & Professions Code § 8620(a) Upon the conclusion of a hearing held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, if the proposed decision of the hearing officer is that the licensee is guilty of or has committed any one of the acts or omissions constituting grounds for disciplinary action, the proposed decision shall provide for the imposition of a suspension or for the revocation of the license. In this case, the board may impose the suspension or revocation. The board may also, in lieu of a suspension, assess a civil penalty. The licensee may express a preference for a form of discipline, but the board shall not be bound by any expression of preference.
If a licensee elects to stipulate to a disciplinary action prior to an administrative hearing, the board may impose a civil penalty, in accordance with this section, in lieu of suspension.
If a proposed stipulation is rejected by the board, it is null and void and does not constitute an admission of any violation charged.
(b)CA Business & Professions Code § 8620(b) The civil penalty shall not be more than five thousand dollars ($5,000) for an actual suspension of one to 19 days.
(c)CA Business & Professions Code § 8620(c) The civil penalty shall not be more than ten thousand dollars ($10,000) for an actual suspension of 20 to 45 days.
(d)CA Business & Professions Code § 8620(d) If a licensee is assessed the civil penalty in lieu of an actual suspension, the penalty shall be paid before the effective date of the decision.
(e)CA Business & Professions Code § 8620(e) If the civil penalty is not paid before the effective date of the suspension, the license shall be suspended until the penalty is paid or until the actual suspension is served.
No civil penalty shall be assessed in lieu of any suspension which exceeds 45 days. With the exception of the proceedings on suspensions undertaken or on fines levied pursuant to Section 8617, the proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
In any order of suspension or revocation, the board may authorize the completion of any contract or work contracted for under terms and conditions set forth in the order.

Section § 8621

Explanation

If someone wants to complain about another person or business failing to follow certain rules, they need to do so within two years of the incident, or up to four years if it involves things like fraud or misrepresentation. Once you file your complaint, the board has 18 months to take formal action, unless the issue is about specific violations where they can act within two years after they find out what happened.

A complaint of any person against a nonlicensee, licensee, or registered company shall be filed with the board no later than two years after the act or omission alleged as the ground for disciplinary action or, in a matter involving fraud, gross negligence, or misrepresentation, no later than four years after commission of the act or omission. The board shall file any accusation no later than 18 months after the complaint has been filed with the board, except that with respect to a violation of Section 8637, the accusation may be filed no later than two years after the discovery by the board of the alleged facts constituting the fraud or misrepresentation prohibited by the section.

Section § 8622

Explanation

This section explains what happens when a registered company is investigated for compliance. If a complaint is made, the board can check any properties where reports or notices have been issued to see if they meet the required regulations. If not, the company has 30 days to fix the issues and may need to pay an inspection fee. They can also request a hearing within 20 days if they disagree with the noncompliance finding, and simply paying any fees doesn't mean they're admitting fault.

(a)CA Business & Professions Code § 8622(a) When a complaint is accepted for investigation of a registered company, the board, through an authorized representative, may inspect any or all properties on which a report has been issued pursuant to Section 8516 or a notice of completion has been issued pursuant to Section 8518 by the registered company to determine compliance with the provisions of this chapter and the rules and regulations issued thereunder. If the board determines the property or properties are not in compliance, a notice shall be sent to the registered company so stating. The registered company shall have 30 days from the receipt of the notice to bring the property into compliance, unless an extension is authorized by the board, and it shall submit a new original report or completion notice or both and an inspection fee of not more than one hundred twenty-five dollars ($125) for each property inspected. If a subsequent reinspection is necessary, pursuant to the board’s review of the new original report or notice or both, a commensurate reinspection fee shall also be charged. If the board’s authorized representative makes no determination or determines the property is in compliance, no inspection fee shall be charged.
(b)CA Business & Professions Code § 8622(b) The notice sent to the registered company shall inform the registered company that if it desires a hearing to contest the finding of noncompliance, the hearing shall be requested by written notice to the board within 20 days of receipt of the notice of noncompliance from the board. If a hearing is not requested pursuant to this section, payment of any assessment shall not constitute an admission of any noncompliance charged.

Section § 8623

Explanation
This rule allows the board to revoke, suspend, or deny licenses for pest control operators based on specific disciplinary grounds. When denying a license, the board must explain their reasons, including evaluating any evidence of rehabilitation. If the denial is related to a criminal record, the applicant must receive a copy of that record. Furthermore, the board has to maintain privacy and confidentiality when handling criminal records. Any request for a hearing on a license denial should be conducted within 90 days.
(a)CA Business & Professions Code § 8623(a) Notwithstanding Section 8620 or any other provision of law, the board may revoke, suspend, or deny at any time a license under this chapter on any of the grounds for disciplinary action provided in this chapter. The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
(b)CA Business & Professions Code § 8623(b) The board may deny a license to an applicant on any of the grounds specified in Section 480.
(c)CA Business & Professions Code § 8623(c) In addition to the requirements provided in Sections 485 and 486, upon denial of an application for a license, the board shall provide a statement of reasons for the denial that does the following:
(1)CA Business & Professions Code § 8623(c)(1) Evaluates evidence of rehabilitation submitted by the applicant, if any.
(2)CA Business & Professions Code § 8623(c)(2) Provides the board’s criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs.
(3)CA Business & Professions Code § 8623(c)(3) If the board’s decision was based on the applicant’s prior criminal conviction, justifies the board’s denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a licensed structural pest control operator.
(d)CA Business & Professions Code § 8623(d) Commencing July 1, 2009, all of the following shall apply:
(1)CA Business & Professions Code § 8623(d)(1) If the denial of a license is due at least in part to the applicant’s state or federal criminal history record, the board shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of his or her criminal history record at an address specified by the candidate.
(A)CA Business & Professions Code § 8623(d)(1)(A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice.
(B)CA Business & Professions Code § 8623(d)(1)(B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicant’s criminal history record and the criminal history record shall not be made available by the board to any employer.
(C)CA Business & Professions Code § 8623(d)(1)(C) The board shall retain a copy of the applicant’s written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent.
(2)CA Business & Professions Code § 8623(d)(2) The board shall make that information available upon request by the Department of Justice or the Federal Bureau of Investigation.
(e)CA Business & Professions Code § 8623(e) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicant’s request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted.

Section § 8623.5

Explanation

If someone's professional license or registration has been taken away, suspended, or they've given it up, or if they're on probation, they can ask the board to get their license back or change the penalty. They can do this after a certain amount of time, which depends on the situation: at least three years after a license is revoked or surrendered, at least two years to change probation terms, at least one year to end probation early if it was less than three years, and at least two years if probation was three years or more. The board might require an exam to reinstate a license that was revoked or surrendered.

(a)CA Business & Professions Code § 8623.5(a) A person whose license or registration has been revoked, suspended, or surrendered, or who has been placed on probation, may petition the board for reinstatement or modification of the penalty, including modification or termination of probation, after not less than the following minimum periods have elapsed, beginning on the effective date of the decision ordering that disciplinary action:
(1)CA Business & Professions Code § 8623.5(a)(1) At least three years for reinstatement of a license revoked or surrendered.
(2)CA Business & Professions Code § 8623.5(a)(2) At least two years for modification of a condition of probation.
(3)CA Business & Professions Code § 8623.5(a)(3) At least one year for early termination of a probation of less than three years.
(4)CA Business & Professions Code § 8623.5(a)(4) At least two years for early termination of a probation of three years or more.
(b)CA Business & Professions Code § 8623.5(b) The board may require an examination for reinstatement of a license revoked or surrendered.

Section § 8624

Explanation

This law states that if a pest control operator's license is suspended or revoked, this action can also affect any branch offices registered under their name. If the operator is in a key role, like a qualifying manager or owner, the suspension or revocation could also apply to the whole company's registration. Additionally, if any business associated with pest control (like a partnership or corporation) commits an act that could lead to discipline, those in key roles in the business can also face consequences, regardless of their direct involvement or knowledge of the act.

If the board suspends or revokes an operator’s license and one or more branch offices are registered under the name of the operator, the suspension or revocation may be applied to each branch office.
If the operator is the qualifying manager, a partner, responsible officer, or owner of a registered structural pest control company, the suspension or revocation may be applied to the company registration.
The performance by any partnership, corporation, firm, association, or registered company of any act or omission constituting a cause for disciplinary action, likewise constitutes a cause for disciplinary action against any licensee who, at the time the act or omission occurred, was the qualifying manager, a partner, responsible officer, or owner of the partnership, corporation, firm, association, or registered company whether or not he or she had knowledge of, or participated in, the prohibited act or omission.

Section § 8625

Explanation

Even if a license or company registration is suspended, expires, or is voluntarily given up, the board still has the power to investigate or take disciplinary actions against that licensee or company. The board can also decide to suspend or revoke the license or registration.

The lapsing or suspension of a license or company registration by operation of law or by order or decision of the board or a court of law, or the voluntary surrender of a license or company registration shall not deprive the board of jurisdiction to proceed with any investigation of or action or disciplinary proceeding against such licensee or company, or to render a decision suspending or revoking such license or registration.

Section § 8632

Explanation

If a person or company isn't fulfilling their responsibilities under their license or registration, a court can suspend or revoke their license or registration during a related legal case.

The suspension or revocation of a license or a company registration as in this chapter provided may also be ordered in any action otherwise proper in any court involving the licensee’s or a company’s performance of a legal obligation as a licensee or registrant under this chapter.

Section § 8635

Explanation

If you do structural pest control work and make significant changes to the agreed-upon plans or specifications without getting the owner's permission, you can face disciplinary action.

Departure from, or disregard of, plans or specifications in the performance of structural pest control work in any material respect, without consent of the owner or his duly authorized representative, is a ground for disciplinary action.

Section § 8636

Explanation
If someone involved in structural pest control in California ignores or breaks laws about building safety, labor, health, or insurance, they can face disciplinary action.
Disregard and violation of the buildings laws of the state, or of any of its political subdivisions, or of the safety laws, labor laws, health laws, or compensation insurance laws of the state relating to the practice of structural pest control is a ground for disciplinary action.

Section § 8637

Explanation

If someone lies about important information to get a license or register a company, they could face punishment.

Misrepresentation of a material fact by the applicant in obtaining a license or company registration is a ground for disciplinary action.

Section § 8638

Explanation

If a registered company doesn't finish construction or repair work for the agreed price in a contract, they can face disciplinary action.

Failure on the part of a registered company to complete any operation or construction repairs for the price stated in the contract for such operation or construction repairs or in any modification of such contract is a ground for disciplinary action.

Section § 8639

Explanation

This law states that if you help someone who is not licensed or registered to break the rules of this chapter, or if you team up with them, lend them your license, or work with them in any other way to dodge the law, you can face punishment.

Aiding or abetting an unlicensed individual or unregistered company to evade the provisions of this chapter or knowingly combining or conspiring with an unlicensed individual or unregistered company, or allowing one’s license or company registration to be used by an unlicensed individual or unregistered company, or acting as agent or partner or associate, or otherwise, of an unlicensed individual or unregistered company to evade the provisions of this chapter is a ground for disciplinary action.

Section § 8640

Explanation

In California, if a licensed pest control company or individual offers or gives any kind of payment or reward to someone in a real estate deal in exchange for referring pest control work to them, it can lead to disciplinary action against the company or person.

Payment, or the offer to pay, by any licensee or registered company to any party to a real estate transaction of any commission, bonus, rebate, or other thing of value as compensation or inducement for the referral to such licensee or registered company of pest control work arising out of such transaction is a ground for disciplinary action.

Section § 8641

Explanation

If someone doesn't follow the rules for inspecting and reporting about wood-destroying pests, like not doing a real inspection or claiming work is done before it actually is, they can face disciplinary action.

Failure to comply with the provisions of this chapter, or any rule or regulation adopted by the board, or the furnishing of a report of inspection without the making of a bona fide inspection of the premises for wood-destroying pests or organisms, or furnishing a notice of work completed prior to the completion of the work specified in the contract, is a ground for disciplinary action.

Section § 8642

Explanation

If a pest control operator, field representative, applicator, or registered company does something extremely careless or fraudulent, they can face disciplinary action.

The commission of any grossly negligent or fraudulent act by the licensee as a pest control operator, field representative, or applicator or by a registered company is a ground for disciplinary action.

Section § 8643

Explanation
If someone carelessly uses or handles pesticides, they can face disciplinary action.
The negligent handling or use of any pesticide is a ground for disciplinary action.

Section § 8644

Explanation

If a pest control company or licensed individual lies or gives misleading information about wood-destroying pests in a building, or about conditions that could lead to an infestation, they can face disciplinary action. This applies even if no formal report was made.

Fraud or misrepresentation, after inspection, by any licensee or registered company engaged in pest control work of any infestation or infection of wood-destroying pests or organisms found in property or structures, or respecting any conditions of the structure that would ordinarily subject structures to attack by wood-destroying pests or organisms, whether or not a report was made pursuant to Sections 8516 and 8517 of this code, is a ground for disciplinary action.

Section § 8645

Explanation

If someone pretends to be a government inspector or official from the state, county, or city, they can face disciplinary action.

Impersonation of any state, county or city inspector or official is a ground for disciplinary action.

Section § 8646

Explanation

This law states that if someone does not follow state or local laws or regulations about using pesticides, pest control devices, or fumigation, they can face disciplinary action. Basically, breaking these rules about handling pests and chemicals can get you in trouble.

Disregard and violation of pesticide use and application, structural pest control device, fumigation, or extermination laws of the state or of any of its political subdivisions, or regulations adopted pursuant to those laws, is a ground for disciplinary action.

Section § 8646.5

Explanation

If a pest control company is found breaking the rules while using pesticides or exterminating pests, they'll get a warning notice. They must stop what they're doing right away until they fix the issue. If they keep working without fixing it, they could face penalties.

A notice of noncompliance shall be issued to a licensee or registered company whenever an authorized representative of the board finds that a pesticide application, fumigation or extermination procedure being performed by the licensee or registered company is not in compliance with applicable laws, rules, or regulations. Upon receiving such notice, the licensee or registered company shall discontinue such pest control work until the procedure is brought into compliance. Failure to discontinue after receiving a notice of noncompliance is a ground for disciplinary action.

Section § 8647

Explanation

If someone doesn't follow the rules about selling or using pesticides as outlined in certain sections of another law, they can face disciplinary actions.

Failure to comply in the sale or use of pesticides with the provisions of Chapter 2 (commencing with Section 12751) of Division 7 of the Food and Agricultural Code is a ground for disciplinary action.

Section § 8648

Explanation

This law says that if someone is involved in spreading false information about a registered company's business, whether through ads, publications, or other materials, they can face disciplinary action.

Authorizing, directing, conniving at or aiding in the publication, advertisement, distribution or circulation of any material by false statement or representation concerning a registered company’s business is a ground for disciplinary action.

Section § 8649

Explanation

If someone working in pest control is convicted of a crime that affects their ability to do their job properly, it can lead to disciplinary action. The official record of the conviction is definite proof for this process.

Conviction of a crime substantially related to the qualifications, functions, and duties of a structural pest control operator, field representative, applicator, or registered company is a ground for disciplinary action. The certified record of conviction shall be conclusive evidence thereof.

Section § 8650

Explanation

This law section says that if you're operating as a company or person with a license or registration, you must do so under the name and at the location listed on that license or registration. If you act under a different name or at a different place without updating your license or registration, you can face disciplinary action.

Acting in the capacity of a licensee or registered company under any of the licenses or registrations issued hereunder except:
(a)CA Business & Professions Code § 8650(a) In the name of the licensee or registered company as set forth upon the license or registration, or
(b)CA Business & Professions Code § 8650(b) At the address and location or place or places of business as licensed or registered or as later changed as provided in this chapter is a ground for disciplinary action.

Section § 8651

Explanation

This law says that if someone performs, asks for, or carries out pest control work without the proper license or registration for that specific type or branch of pest control, they can face disciplinary action. This includes inspecting for pests or using pesticides to control or get rid of pests.

The performing or soliciting of structural pest control work, the inspecting for structural or household pests, or the applying of any pesticide for the purpose of eliminating, exterminating, controlling, or preventing structural or household pests in branches of pest control other than those for which the operator, field representative, or applicator is licensed or the company is registered is a ground for disciplinary action.

Section § 8652

Explanation

If a pest control company in California doesn't keep all their inspection reports, field notes, contracts, and other non-financial records for at least three years after finishing a job, they could face disciplinary action. These documents need to be available for inspection by the board's executive officer or their representative during normal business hours.

Failure of a registered company to make and keep all inspection reports, field notes, contracts, documents, notices of work completed, and records, other than financial records, for a period of not less than three years after completion of any work or operation for the control of structural pests or organisms, is a ground for disciplinary action. These records shall be made available to the executive officer of the board or his or her duly authorized representative during business hours.

Section § 8653

Explanation

If a registered pest control company in California doesn't pay for materials or services it used, even though it can pay or has been paid for the work, it can face disciplinary action. Also, if the company falsely denies it owes money or disputes a claim to get a discount or delay payment, that's also grounds for discipline.

The failure of any registered company or agent or officer thereof, to pay any moneys due for any materials or services rendered in connection with its operations as a registered pest control company, when it has the ability to pay or when it has received sufficient funds therefor as payment for the particular pest control work, project, or operation for which the services or materials were rendered or purchased, is a ground for disciplinary action, as is the false denial of any such indebtedness or of the validity of the claim thereof with intent to secure for itself, or other person any discount upon such indebtedness or with intent to hinder, delay, or defraud the person to whom such indebtedness is due.

Section § 8654

Explanation

If you've had certain troubles with your professional license or company registration—like being denied, revoked, or suspended—you can't take up roles like officer or manager in a registered company. If a company hires you anyway, they could face penalties.

Any individual who has been denied a license for any of the reasons specified in Section 8568, or who has had his or her license revoked, or whose license is under suspension, or who has failed to renew his or her license while it was under suspension, or who has been a member, officer, director, associate, qualifying manager, or responsible managing employee of any partnership, corporation, firm, or association whose application for a company registration has been denied for any of the reasons specified in Section 8568, or whose company registration has been revoked as a result of disciplinary action, or whose company registration is under suspension, and while acting as such member, officer, director, associate, qualifying manager, or responsible managing employee had knowledge of or participated in any of the prohibited acts for which the license or registration was denied, suspended or revoked, shall be prohibited from serving as an officer, director, associate, partner, qualifying manager, or responsible managing employee of a registered company, and the employment, election or association of such person by a registered company is a ground for disciplinary action.

Section § 8655

Explanation

If someone working in structural pest control is found guilty, admits guilt, or accepts a no contest plea for a crime linked to their work duties, it's considered a conviction. The structural pest control board can choose to suspend or revoke their professional license or registration. This action can be taken once appeals are not available or have been settled, even if later court actions try to change the guilty plea or dismiss the charge.

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a structural pest control operator, field representative, applicator, or registered company is deemed to be a conviction within the meaning of this article or Section 8568 of this chapter. The board may order the license or registration suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the individual or registered company to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.

Section § 8656

Explanation

This law section says that if a licensed company hasn't paid a fine within 30 days, and isn’t appealing it, then they’re not allowed to buy pesticide use stamps from the board until they pay up. It's an extra step to ensure companies comply with paying fines.

In addition to the remedies provided for in Section 125.9, when the licensee who is a registered company has failed to pay the fine assessed pursuant to a citation within 30 days of the date of assessment, unless the citation is being appealed, the board shall not sell to the registered company any pesticide use stamps until the assessed fine has been paid.

Section § 8657

Explanation

If a business that holds a professional license in California has to appoint a 'receiver'—a person put in charge due to financial trouble—or makes a deal to pay off its debts through its assets, it can face disciplinary action. If the license is suspended or revoked because of these issues, it can be renewed or given back, but only if each new job they take on is backed by a special bond to cover their work and supply costs.

The appointment of a receiver of the property of a licensee or registered company as provided in Chapter 5 (commencing with Section 564) of Title 7 of Part 2 of the Code of Civil Procedure, or the making of an assignment for the benefit of creditors, constitutes a cause for disciplinary action.
If a license or registration is suspended or revoked upon the grounds set forth in this section, the registrar in his or her discretion may renew or reissue such license upon the condition that each contract undertaken by the licensee or registered company be separately covered by a bond or bonds conditioned upon the performance of, and the payment of labor and material required by, the contract.

Section § 8658

Explanation

This law allows the board to go to court to stop someone from breaking the rules of a particular chapter. They can do this in the county where the rule was broken. Unlike usual cases, the board doesn't need to prove that there's no other solution or that the damage is severe. The case will be filed on behalf of the people of California.

The board may bring an action to enjoin the violation of any provision of this chapter in any superior court in and for the county in which the violation has occurred. Any such action shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the board shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable damage or loss. The action shall be brought in the name of the people of the State of California.

Section § 8660

Explanation

This section establishes a three-member committee to review appeals about certain orders in pest control. One member represents the Director of Pesticide Regulation, another represents the board, and the third is an active pest control operator chosen by the other two members.

A disciplinary review committee consisting of three members shall be established for the purposes of reviewing appeals of orders issued pursuant to Section 8617. The committee shall be made up of one member representing the Director of Pesticide Regulation and one member representing the board. The third member shall be a licensed pest control operator actively involved in the business of pest control and shall be selected by agreement of the other members.

Section § 8662

Explanation

If a structural pest control professional in California is facing suspension or a fine for pesticide application violations, they can appeal the decision by filing a written appeal within 30 days. This appeal must include specific grounds and a copy of the initial decision. The appeal is reviewed by the Disciplinary Review Committee, which can request additional written or oral arguments. The committee will decide based on the evidence presented and can either uphold, reduce, or overturn the initial ruling. Decisions from this committee can be further reviewed in court through a specific legal process.

(a)CA Business & Professions Code § 8662(a) Whenever the right of a structural pest control licensee or registered company to make pesticide applications is to be suspended or the licensee, registered company, or unlicensed individual is to be fined pursuant to Section 8617, and if the person upon whom the commissioner imposed a fine or suspension requested and appeared at a hearing before the commissioner in accordance with Section 8617, the party to be suspended or fined may appeal to the Disciplinary Review Committee by filing a written appeal with the committee within 30 days of receipt of the fine or suspension order.
(b)CA Business & Professions Code § 8662(b) The following procedures shall apply to the appeal:
(1)CA Business & Professions Code § 8662(b)(1) The appeal shall be in writing and signed by the appellant or his or her or its authorized agent, state the grounds for the appeal, and include a copy of the commissioner’s decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the committee.
(2)CA Business & Professions Code § 8662(b)(2) Any party may, at the time of filing the appeal or within 10 days thereafter, or at a later time prescribed by the committee or its designee, present the record of the hearing, including written evidence that was submitted at the hearing and written argument to the committee stating the grounds for affirming, modifying, or reversing the commissioner’s decision.
(3)CA Business & Professions Code § 8662(b)(3) The committee or its designee may grant oral argument upon application made at the time written arguments are filed. If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given each party at least 10 days before the date set therefor. The times may be altered by mutual agreement of the appellant, the commissioner, and the committee.
(4)CA Business & Professions Code § 8662(b)(4) At any time written evidence is submitted to the committee, a copy shall be immediately provided to the other party.
(5)CA Business & Professions Code § 8662(b)(5) The committee shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2) that the committee may have received. If the committee finds substantial evidence in the record to support the commissioner’s decision, the committee shall affirm the decision.
(6)CA Business & Professions Code § 8662(b)(6) The committee shall render its written decision within 45 days of the date of appeal or within 15 days from the date of oral arguments, or as soon thereafter as practical.
(7)CA Business & Professions Code § 8662(b)(7) On an appeal pursuant to this section, the committee may sustain, modify by reducing the time of suspension or the amount of the fine levied, or reverse the decision. A copy of the committee’s decision shall be delivered or mailed to each party.
(8)CA Business & Professions Code § 8662(b)(8) Review of the decision of the committee may be sought by the licensee, registered company, or unlicensed individual pursuant to Section 1094.5 of the Code of Civil Procedure.

Section § 8663

Explanation

This law is about violations related to pest control work done under a specific Branch 1 license in California. If a subcontractor breaks the rules, the prime contractor must be notified of the violation within 30 days. If the violation is serious or moderate, notice must be sent by certified mail. The board can fine the prime contractor up to $5,000 if similar past violations were also notified by mail. Fines go to the Structural Pest Control Education and Enforcement Fund. Serious violations include certain dangerous actions or lack of necessary supervision in pest control. Importantly, prime contractors can be fined for a first-time violation if the required fumigation notifications and notices aren’t properly handled.

(a)CA Business & Professions Code § 8663(a) This section only applies to work conducted under a Branch 1 license.
(b)CA Business & Professions Code § 8663(b) A copy of a notice of violation issued for any violation committed by a subcontractor shall be sent to the prime contractor responsible for the work by the issuing authority within 30 days from the date the violation was committed or discovered. In circumstances where the violation is classified as serious or moderate, notification shall be performed by certified mail with a return receipt requested.
(c)CA Business & Professions Code § 8663(c) The board or county agricultural commissioners, when acting pursuant to Section 8616.4, may levy a fine of up to five thousand dollars ($5,000) against a registered company acting as a prime contractor for any serious or moderate violation committed by any licensee with whom the prime contractor has subcontracted if, before that violation occurred, the prime contractor had been notified by certified mail, return receipt requested, of two or more serious or moderate violations committed by that subcontractor within 12 consecutive months.
Fines collected pursuant to this section shall be paid to the Education and Enforcement Account in the Structural Pest Control Education and Enforcement Fund.
(d)CA Business & Professions Code § 8663(d) For purposes of this section, “serious or moderate” violation includes, but is not limited to, a violation of any of the following provisions of this code or of the California Code of Regulations that poses a serious hazard to humans:
(1)CA Business & Professions Code § 8663(d)(1) A violation of subdivision (a) or (b) of Section 1970.4 of Title 16 of, or Section 6454 of Title 3 of, the California Code of Regulations, or a violation of Section 8505.5.
(2)CA Business & Professions Code § 8663(d)(2) Any violation of the structural pest control law that results in a serious injury to any person.
(3)CA Business & Professions Code § 8663(d)(3) A violation of Section 8505.2 or 8505.3, relating to direct and personal supervision.
(4)CA Business & Professions Code § 8663(d)(4) A violation of Section 8505.7, relating to vacating and securing structures.
(5)CA Business & Professions Code § 8663(d)(5) A violation of Section 6780 of Title 3 of the California Code of Regulations.
(6)CA Business & Professions Code § 8663(d)(6) A violation of Section 6454 of Title 3 of the California Code of Regulations.
(7)CA Business & Professions Code § 8663(d)(7) A violation of Section 8505.12, relating to warning agents.
(8)CA Business & Professions Code § 8663(d)(8) A violation of Section 8505.9 or 8505.10, relating to warning signs.
(e)CA Business & Professions Code § 8663(e) Notwithstanding subdivision (c), a prime contractor may be fined for a subcontractor’s first violation for failing to have a signed Occupants Fumigation Notice, pursuant to Section 1970.4 of Title 16 of the California Code of Regulations, on the premises being treated, or for failure to provide advance notice of a fumigation pursuant to Section 8538 to the occupants of the premises being treated.

Section § 8664

Explanation

This law is about what happens if a prime contractor with a Branch 1 license breaks certain rules. Before a fine is given, the contractor must be told about the violation and can explain their side and see all the evidence. If fined, the contractor can appeal, and has to follow certain procedures. The fine doesn't take effect immediately; it waits for 20 days or until the appeal finishes. Once the decision is final, no other public agency can punish the contractor for the same thing, but it can be used to show past issues if there are more local violations in the future. A certified fine order is clear proof of the violation.

(a)CA Business & Professions Code § 8664(a) This section only applies to work conducted under a Branch 1 license.
(b)CA Business & Professions Code § 8664(b) Before a fine can be levied pursuant to Section 8663, the prime contractor shall be provided notice of the nature of the violation and shall be given an opportunity to be heard, including the right to review the commissioner’s evidence and a right to present evidence on his or her own behalf.
(c)CA Business & Professions Code § 8664(c) The prime contractor may appeal the fine to the Disciplinary Review Committee and shall be subject to the procedures in Section 8662.
(d)CA Business & Professions Code § 8664(d) If a fine is ordered, it may not take effect until 20 days after the date of the decision provided that no appeal is filed. If an appeal is filed pursuant to Section 8662, the order shall be stayed until 20 days after the committee has ruled on the appeal.
(e)CA Business & Professions Code § 8664(e) Once final action is taken pursuant to this section, no other administrative or civil action may be taken by any state governmental agency for the same violation. However, action taken pursuant to this section may be used by the board as evidence of prior discipline, and multiple local actions may be the basis for statewide disciplinary action by the board pursuant to Section 8620. A certified copy of the fine order issued pursuant to this section or Section 8662 shall constitute conclusive evidence of the occurrence of the violation.

Section § 8665

Explanation

This law states that just because a person who applies pest control methods is licensed, it doesn't change the liability or potential disciplinary actions that a company or individual who employs or oversees that applicator might face. In other words, if a licensed applicator does something wrong, their superiors or the company they work for can still be held accountable.

The fact that an applicator is licensed shall not affect any liability or responsibility for disciplinary action of any operator, field representative, or registered company that employs or supervises an applicator.

Section § 8666

Explanation

This law prohibits pest control professionals from recommending or doing more pest control work than necessary. If a pest control company goes beyond what's needed, knowing it's excessive, they can be punished. Punishment for a first offense may include a fine up to $10,000, up to six months in jail, or both.

It shall be unlawful for any licensee under this chapter to recommend or to perform any pest control corrective work under any contract or agreement that the licensee knows or has reason to know is in excess of that required to eliminate the condition for which the licensee was employed.
A violation of this section is a public offense and is punishable upon the first conviction by imprisonment in the county jail for not more than six months, or by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine.