Structural Pest Control OperatorsDisciplinary Proceedings
Section § 8620
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.
Section § 8621
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.
Section § 8622
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.
Section § 8623
Section § 8623.5
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 The board might require an exam to reinstate a license that was revoked or surrendered.
Section § 8624
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.
Section § 8625
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.
Section § 8632
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.
Section § 8635
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.
Section § 8636
Section § 8637
If someone lies about important information to get a license or register a company, they could face punishment.
Section § 8638
If a registered company doesn't finish construction or repair work for the agreed price in a contract, they can face disciplinary action.
Section § 8639
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.
Section § 8640
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.
Section § 8641
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.
Section § 8642
If a pest control operator, field representative, applicator, or registered company does something extremely careless or fraudulent, they can face disciplinary action.
Section § 8643
Section § 8644
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.
Section § 8645
If someone pretends to be a government inspector or official from the state, county, or city, they can face disciplinary action.
Section § 8646
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.
Section § 8646.5
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.
Section § 8647
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.
Section § 8648
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.
Section § 8649
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.
Section § 8650
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.
Section § 8651
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.
Section § 8652
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.
Section § 8653
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.
Section § 8654
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.
Section § 8655
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.
Section § 8656
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.
Section § 8657
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.
Section § 8658
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.
Section § 8660
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.
Section § 8662
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.
Section § 8663
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.
Section § 8664
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.
Section § 8665
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.
Section § 8666
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.