Section § 8610

Explanation

If a company wants to perform structural pest control, it must register with the Structural Pest Control Board, providing details on owners and leaders based on its business structure. A company won't get registered if its leaders or those with control have had their licenses revoked or suspended. It must have a licensed individual as a qualifying manager to oversee operations, who can only manage up to two companies unless they adjust by 2010. There's an exception for certain corporations with multiple companies.

(a)CA Business & Professions Code § 8610(a) Every company that engages in the practice of structural pest control, as a sole proprietorship, partnership, corporation, or other organization or any combination thereof, shall be registered with the Structural Pest Control Board. Each application for a company registration shall include the name of the company’s owner if it is a sole proprietorship, the names of the partners, if it is a partnership, or the names of its officers and shareholders with 10 percent or more ownership interest, if it is a corporation, and the address of the company’s principal office in this state.
(b)Copy CA Business & Professions Code § 8610(b)
(1)Copy CA Business & Professions Code § 8610(b)(1) A company registration shall not be issued to an applicant that has an officer, director, qualifying manager, responsible managing employee, or an individual who otherwise exercises dominion or control over the company, whose license or registration is revoked or suspended at the time of the application as the result of disciplinary action pursuant to this chapter.
(2)CA Business & Professions Code § 8610(b)(2) A company registration shall not be issued to an applicant that has an officer, director, qualifying manager, responsible managing employee, or an individual who otherwise exercises dominion or control over the company, who owns or has owned in the past more than a 10 percent interest in another sole proprietorship, partnership, corporation, or other organization that has its license or registration revoked or suspended at the time of the application as the result of disciplinary action pursuant to this chapter.
(c)CA Business & Professions Code § 8610(c) Each registered company shall designate an individual or individuals who hold an operator’s license to act as its qualifying manager or managers. The qualifying manager or managers must be licensed in each branch of pest control in which the company engages in business. The designated qualifying manager or managers shall supervise the daily business of the company and shall be available to supervise and assist all employees of the company, in accordance with regulations which the board may establish.
(d)CA Business & Professions Code § 8610(d) No individual who holds an operator’s license shall act as a qualifying manager for more than two registered companies.
(1)CA Business & Professions Code § 8610(d)(1) Any individual, who on January 1, 2008, is acting as the qualifying manager for more than two registered companies shall comply with this subdivision by January 1, 2010.
(2)CA Business & Professions Code § 8610(d)(2) Commencing January 1, 2010, failure to comply with this subdivision shall result in the disassociation of the qualifying manager and the automatic suspension of the company’s registration.
(3)CA Business & Professions Code § 8610(d)(3) This subdivision shall not apply to a company engaging in the practice of structural pest control as a corporation and which has an additional company or companies operating under that corporation and doing business in a name other than the corporation name.

Section § 8611

Explanation

This law section requires each branch office of a company to have a designated supervisor who is licensed as an operator or field representative. The supervisor's license must be displayed visibly at the branch office. If a branch supervisor leaves the company, the company must notify the registrar in writing within 10 days. Once notified, the office can continue operating for a limited time while the company finds a new qualified supervisor.

(a)CA Business & Professions Code § 8611(a) Each branch office shall have a branch supervisor designated by the registered company to supervise and assist the company’s employees who are located at that branch. The branch supervisor shall be an individual who is licensed by the board as an operator or a field representative in the branch or branches of business being conducted and his or her license shall be prominently displayed in the branch office.
(b)CA Business & Professions Code § 8611(b) If a branch supervisor ceases for any reason to be connected with a registered company, the company shall notify the registrar in writing within 10 days from that cessation. If this notice is given, the company’s branch office registration shall remain in force for a reasonable length of time to be determined by rules of the board, during which period the company shall submit to the registrar in writing the name of another qualified branch supervisor.

Section § 8612

Explanation

This section requires that a business's main and branch office licenses are clearly visible in those offices. A company can't operate outside the location on its original license. If a business opens a branch office, it must inform a board registrar using specific forms and rules, including the name of the person in charge of that branch and paying a required fee.

(a)CA Business & Professions Code § 8612(a) The licenses of qualifying managers and company registrations shall be prominently displayed in the registered company’s office, and no registration issued hereunder shall authorize the company to do business except from the location for which the registration was issued. Each registered company having a branch office or more than one branch office shall be required to display its branch office registration prominently in each branch office it maintains.
(b)CA Business & Professions Code § 8612(b) When a registered company opens a branch office it shall notify the registrar on a form prescribed by the board and issued by the registrar in accordance with rules and regulations adopted by the board. The notification shall include the name of the individual designated as the branch supervisor and shall be submitted with the fee for a branch office prescribed by this chapter.

Section § 8613

Explanation

If a registered company in California changes any major details like the address of its main or branch offices, key personnel, or its bond or insurance, it must inform the registrar using a specific form within 10 days of the change. There is a fee involved for filing these changes, as outlined in another section.

A registered company which changes the location of its principal office or any branch office or which changes its qualifying manager, branch supervisor, officers, sole proprietors, partners, or its bond or insurance shall notify the registrar on a form prescribed by the board of that change within 10 days thereafter. A fee for filing those changes shall be charged in accordance with Section 8674.

Section § 8616

Explanation

This law section states that the board will appoint the Director of Pesticide Regulation to help execute a certain part of the pest control law. Together with the Department of Pesticide Regulation, they will create and run training programs for county agricultural commissioners and others involved in pest control work. Essentially, these people must complete the training before they can take any disciplinary action in pest control cases.

The Director of Pesticide Regulation shall be designated by the board as its agent for the purposes of carrying out Section 8616.4. The board and the Department of Pesticide Regulation shall jointly develop a training program specifically relating to the various aspects of structural pest control and train all county agricultural commissioners and other personnel involved in structural pest control investigations and enforcement. No disciplinary action pursuant to Section 8617 may be taken by a county agricultural commissioner until training has been completed.

Section § 8616.4

Explanation

This law authorizes the Director of Pesticide Regulation to appoint county agricultural commissioners to handle certain pesticide regulation tasks. The responsibilities of these commissioners are outlined in specific sections, and they will be compensated according to an existing agreement.

The Director of Pesticide Regulation shall designate county agricultural commissioners as his or her representatives to carry out the provisions of Sections 8616.5, 8616.7, and 8617. The Director of Pesticide Regulation shall enter into a contract specifying their responsibilities and providing for reimbursement in accordance with Section 8505.17.

Section § 8616.5

Explanation

This law outlines the roles of the county agricultural commissioner and the board in overseeing pesticide use in structural pest control. The commissioner is in charge of inspections and investigating routine pesticide use issues, whether licensed or not. If a case needs further action, it goes to the board, which then becomes the lead agency, possibly with commissioner support. The board and the Director of Pesticide Regulation work together to determine what kinds of investigations could lead to penalties like license suspension, fines, or further board action. Routine investigations involve most cases of pesticide misuse, except for those specifically referred to the board for serious disciplinary action.

(a)CA Business & Professions Code § 8616.5(a) The county agricultural commissioner shall be the lead agency for inspections and routine investigations of pesticide use by the board licensees and registered companies, and of persons engaged in unlicensed structural pest control. When a matter is referred to the board for action, the board shall be the lead agency and may require that the commissioner assist in any investigation.
(b)CA Business & Professions Code § 8616.5(b) The board and the Director of Pesticide Regulation shall jointly develop the list of the types of investigations to be conducted by the commissioner that may result in the suspension of a license or company registration, or the imposition of a fine, pursuant to Section 8617 and the list of the types of violations that the commissioner shall refer to the board for disciplinary action.
(c)CA Business & Professions Code § 8616.5(c) As used in subdivision (a), the term “routine investigations” means all investigations of pesticide misuse by a board licensee or registered company except (1) investigation of misuse incidents that are referred to the board for disciplinary action or that are the basis for county actions to suspend or fine structural pest control licensees or registered companies in accordance with the lists promulgated pursuant to subdivision (b), or (2) any investigation performed by the county agricultural commissioner that has been requested by the board and involves exclusively a violation of this code.

Section § 8616.6

Explanation

This law requires the board to inform the Director of Pesticide Regulation if it finds that certain people have not done their jobs correctly in a specific area. The notification must clearly state what actions led to it. If the Director doesn't fix the issue satisfactorily, the board has the power to stop that person's activities in that area for up to 60 days.

The Director of Pesticide Regulation shall be notified by the board when it determines that persons acting pursuant to Sections 8616 and 8616.4 have not fulfilled their responsibilities under this chapter in a specific county or counties. The notice to the Director of Pesticide Regulation, which shall be dealt with in a timely manner, shall specifically list the actions which caused the filing of the notice. If the notice is not dealt with in a manner satisfactory to the board, the board may then suspend the activities of its agent pursuant to Section 8616.5, who is subject to the notice in the specific county or counties for which the notice was filed for a period not to exceed 60 days.

Section § 8616.7

Explanation

This law section specifies that when the county agricultural commissioner is performing their duties under a specific provision, they are the only authority allowed to carry out inspections and investigations, as well as take disciplinary action. However, it clarifies that this does not restrict the Division of Investigation from helping the board, except in cases involving board personnel.

When a county agricultural commissioner is acting, pursuant to Section 8616.4, only the commissioner may conduct inspections and routine investigations pursuant to Section 8616.5 and take disciplinary action pursuant to Section 8617. Except as otherwise provided, nothing in this section shall be construed as limiting or excluding the assistance provided to the board by the Division of Investigation under Sections 155 and 159.5 other than by board personnel.

Section § 8616.9

Explanation

This section addresses the consequences if an employee is found not wearing required protective gear during an inspection. If this happens, the employer could face statewide disciplinary actions, be suspended from working in the county for a few days, or receive a fine. The commissioner may also fine the employee if the employer proves they provided proper training and equipment, maintained good working conditions, and have not been fined for similar issues in the past two years. If fines are issued, they range from $700 to $5,000 for employers and $250 to $5,000 for employees. The severity of the violation and the history of compliance are considered when determining the fine amount. The commissioner can also take further disciplinary actions against the employee.

(a)CA Business & Professions Code § 8616.9(a) If an employee is found during an inspection or investigation not wearing personal protective equipment required by label or regulation, the commissioner may refer the violation by the employer for statewide disciplinary action by the board or suspend the right of the employer to work in the county for up to three working days. If the commissioner does neither, the commissioner may assess an administrative fine against both the employer and the employee. If the commissioner takes no action against the employer for this violation, the commissioner may assess an administrative fine against the employee if the employer provides evidence of all of the following:
(1)CA Business & Professions Code § 8616.9(a)(1) The employer has a written training program, has provided training to the employee, and has maintained a record of training as required by label or regulation.
(2)CA Business & Professions Code § 8616.9(a)(2) The employer provided personal protective equipment required by label or regulation, the equipment was available at the site when the employee was handling the pesticide or pesticides, and the equipment was properly maintained and in good working order.
(3)CA Business & Professions Code § 8616.9(a)(3) The employer is in compliance with regulations relating to the workplace and supervision of employees.
(4)CA Business & Professions Code § 8616.9(a)(4) The employer has documented implementation and adheres to a written company policy of disciplinary action for employees who violate company policy or state or local laws or regulations.
(5)CA Business & Professions Code § 8616.9(a)(5) The employer has not been disciplined or assessed an administrative fine for a violation of the personal protective equipment requirement for the previous two years.
(b)Copy CA Business & Professions Code § 8616.9(b)
(1)Copy CA Business & Professions Code § 8616.9(b)(1) An administrative fine assessed against an employer pursuant to this section shall not be less than seven hundred dollars ($700) nor more than five thousand dollars ($5,000). An administrative fine assessed against an employee pursuant to this section shall not be less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000).
(2)CA Business & Professions Code § 8616.9(b)(2) In assessing an administrative fine pursuant to this section, the board or commissioner shall consider the appropriateness of the amount of the fine to the gravity of the violation, the good faith of the licensee, and the history of prior violations.
(c)CA Business & Professions Code § 8616.9(c) Nothing in this section is intended to limit the authority of the commissioner to take action against the employee pursuant to Section 8617, including suspension of the employee’s license or referral of the violation for statewide disciplinary action by the board pursuant to Section 8620.

Section § 8617

Explanation

This law outlines the actions that can be taken against structural pest control professionals and companies in California if they violate certain regulations. Violations can lead to a suspension from performing work for up to three days, fines up to $1,000 (or $5,000 for serious violations), or required attendance in an instructional course. Before these penalties are enforced, the person or company must receive written notice and is given the opportunity to contest the violation through a hearing. If the fine isn't paid or the course isn't completed, it can affect license renewals and result in further disciplinary actions. Violations must be addressed within two years, and the board can use previous violations as grounds for further collective actions statewide.

(a)CA Business & Professions Code § 8617(a) The board or county agricultural commissioners, when acting pursuant to Section 8616.4, may suspend the right of a structural pest control licensee or registered company to work in a county for up to three working days or, for a licensee, registered company, or an unlicensed individual acting as a licensee, may levy an administrative fine up to one thousand dollars ($1,000) or direct the licensee to attend and pass a board-approved course of instruction at a cost not to exceed the administrative fine, or both, for each violation of this chapter or Chapter 14.5 (commencing with Section 8698), or any regulations adopted pursuant to these chapters, or Chapter 2 (commencing with Section 12751), Chapter 3 (commencing with Section 14001), Chapter 3.5 (commencing with Section 14101), or Chapter 7 (commencing with Section 15201) of Division 7 of the Food and Agricultural Code, or any regulations adopted pursuant to those chapters, relating to pesticides. However, any violation determined by the board or the commissioner to be a serious violation as defined in Section 1922 of Title 16 of the California Code of Regulations shall be subject to a fine of not more than five thousand dollars ($5,000) for each violation. Fines collected shall be paid to the Education and Enforcement Account in the Structural Pest Control Education and Enforcement Fund. Suspension may include all or part of the registered company’s business within the county based on the nature of the violation, but shall, whenever possible, be restricted to that portion of a registered company’s business in a county that was in violation.
(b)CA Business & Professions Code § 8617(b) A licensee who passes a course pursuant to this section shall not be awarded continuing education credit for that course.
(c)CA Business & Professions Code § 8617(c) Before a suspension action is taken, a fine levied, or a licensee is required to attend and pass a board-approved course of instruction, the person charged with the violation shall be provided a written notice of the proposed action, including the nature of the violation, the amount of the proposed fine or suspension, or the requirement to attend and pass a board-approved course of instruction. The notice of proposed action shall inform the person charged with the violation that if he or she desires a hearing before the commissioner issuing the proposed action to contest the finding of a violation, that hearing shall be requested by written notice to the commissioner within 20 days of the date of receipt of the written notice of proposed action.
(d)CA Business & Professions Code § 8617(d) A notice of the proposed action that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or the notice is not accepted at that address.
(e)CA Business & Professions Code § 8617(e) If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the commissioner’s evidence and a right to present evidence on his or her own behalf. If a hearing is not requested within the prescribed time, the commissioner may take the action proposed without a hearing.
(f)CA Business & Professions Code § 8617(f) If the person upon whom the commissioner imposed a fine or suspension or required attendance at a board-approved course of instruction requested and appeared at a hearing before the commissioner, the person may appeal the commissioner’s decision to the Disciplinary Review Committee and shall be subject to the procedures in Section 8662.
(g)CA Business & Professions Code § 8617(g) If a suspension or fine is ordered, it may not take effect until 20 days after the date of the commissioner’s decision if no appeal is filed. If an appeal pursuant to Section 8662 is filed, the commissioner’s order shall be stayed until 30 days after the Disciplinary Review Committee has ruled on the appeal.
(h)CA Business & Professions Code § 8617(h) Failure of a licensee or registered company to pay a fine within 30 days of the date of assessment or to comply with the order of suspension, unless the citation is being appealed, may result in disciplinary action being taken by the board.
(i)CA Business & Professions Code § 8617(i) If a citation containing a fine is issued to a licensee and it is not contested or the time to appeal the citation has expired and the fine is not paid, the full amount of the assessed fine shall be added to the fee for renewal of that license. A license shall not be renewed without payment of the renewal fee and fine.
(j)CA Business & Professions Code § 8617(j) If a citation containing a fine is issued to a registered company and it is not contested or the time to appeal the citation has expired and the fine is not paid, the board shall not sell to the registered company any pesticide use stamps until the assessed fine has been paid.
(k)CA Business & Professions Code § 8617(k) If a citation containing the requirement that a licensee attend and pass a board-approved course of instruction is not contested or the time to appeal the citation has expired and the licensee has not attended and passed the required board-approved course of instruction, the licensee’s license shall not be renewed without proof of attendance and passage of the required board-approved course of instruction.
(l)CA Business & Professions Code § 8617(l) Once final action pursuant to this section is taken, 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 order of suspension or fine issued pursuant to this section or Section 8662 shall constitute conclusive evidence of the occurrence of the violation.
(m)CA Business & Professions Code § 8617(m) If the board is the party issuing the notice of proposed action to suspend or impose a fine pursuant to subdivision (a), “commissioner” as used in subdivisions (c), (f), and (g) includes the board’s registrar.
(n)CA Business & Professions Code § 8617(n) An action brought pursuant to this section shall be commenced by the commissioner within two years of the occurrence of the violation. If a commissioner submits a completed investigation to the board for action by the registrar or the Attorney General, the action shall be commenced within one year of that submission.

Section § 8617.5

Explanation

This section states that the rules created under Section 11503 of the Food and Agricultural Code do not apply to the rules in this chapter.

Regulations adopted pursuant to Section 11503 of the Food and Agricultural Code are not applicable to this chapter.

Section § 8618

Explanation

If a company is registered, it has to keep certain documents, as outlined by regulations, for three years.

Documents as specified by regulation must be maintained by all registered companies for three years.

Section § 8619

Explanation

Whenever a place is inspected for pests or organisms that destroy wood, an inspection tag must be displayed. If a pest control company finishes treating the area, they are also required to post a completion tag near the inspection tag, unless the tags are combined into one document.

(a)CA Business & Professions Code § 8619(a) An inspection tag shall be posted whenever an inspection for wood destroying pests or organisms is made.
(b)CA Business & Professions Code § 8619(b) If the registered company completes any work with respect to wood destroying pests or organisms, it shall post a completion tag next to the inspection tag, unless both the inspection and completion tags are combined on the same form.