Aircraft Operation RegulationFinancial Responsibility

Section § 11931

Explanation

This law section defines terms related to pest control operations using aircraft. A 'Judgment' refers to the final legal decision against someone based on activities in pest control. An 'Operator' is a licensed person who can apply pest control substances using aircraft. 'Pest control operation' is the act of applying such substances by an operator.

As used in this article:
(a)CA Food And Agriculture Code § 11931(a) “Judgment” means a final judgment of any court of competent jurisdiction in this or any other state, or of the United States, against a person as defendant upon a cause of action which arises out of any pest control operation.
(b)CA Food And Agriculture Code § 11931(b) “Operator” means any person that is required to be licensed pursuant to this division who is authorized to apply any pest control material or substance by dusting, spraying, or any other manner whereby such material or substance is applied through the medium of aircraft.
(c)CA Food And Agriculture Code § 11931(c) “Pest control operation” means the application of any pest control material or substance by an operator.
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Section § 11932

Explanation

This section explains two key points related to judgments and deposits under specific legal conditions. First, if a judgment from an accident is more than $25,000, it is considered satisfied when $25,000 is paid off. Second, if a bond or another obligation is backed by the United States or the state's promise to pay, it is treated like a cash deposit.

For the purposes of this article:
(a)CA Food And Agriculture Code § 11932(a) A judgment is satisfied when twenty-five thousand dollars ($25,000) has been credited upon any judgment in excess of that amount which arises out of any one accident or occurrence.
(b)CA Food And Agriculture Code § 11932(b) A deposit of bond or other obligation for the payment of which the full faith and credit of the United States or of this state is pledged is considered a deposit of money.
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Section § 11933

Explanation

If an operator doesn't pay a final court judgment within 30 days, the director will suspend their license. This happens once the director gets proof of the unpaid judgment on a specific form.

The director shall suspend the license of any operator upon receiving a copy of a judgment and a certificate of facts relative to such judgment, upon a form that is provided by the director, which indicate that the operator has not for a period of 30 days satisfied a final judgment rendered against him.
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Section § 11934

Explanation

This law section states that an operator's license will stay suspended until they pay off a judgment against them or prove to the director they have the financial means to cover the damages owed.

The suspension shall remain in effect and no license shall be issued to the operator unless and until the judgment is satisfied, or the operator submits to the director proof of his financial ability to respond in damages pursuant to the judgment.
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Section § 11935

Explanation

This law requires pest control operators to prove they have financial responsibility by either posting a bond or buying insurance. The amount must be at least $25,000. They can do this by either getting a surety bond from a certified company or purchasing an insurance policy that covers potential damages from their pest control activities.

Proof of such financial responsibility may be made by furnishing security in an amount not less than twenty-five thousand dollars ($25,000). The security may consist of any of the following:
(a)CA Food And Agriculture Code § 11935(a) A surety bond in favor of any person that may suffer damage by reason of any pest control operation by the operator which is executed by an admitted surety insurer.
(b)CA Food And Agriculture Code § 11935(b) An insurance policy which insures the operator against liability for damages pursuant to the judgment.
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Section § 11936

Explanation

This law states that if money is taken out of a security deposit due to a claim or recovery, the amount must be topped back up to at least $25,000.

If the security which is required by Section 11934 is diminished in amount by reason of any recovery against it, the security shall be replenished so that it amounts to not less than twenty-five thousand dollars ($25,000).
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Section § 11937

Explanation

Thirty days after a court judgment for damages becomes final and isn't delayed or paid, the court clerk must send a certified copy of the judgment, or a record of actions related to it, along with a certificate explaining the details, to a designated director using a specific form.

Upon the expiration of 30 days after any judgment becomes final, which is not stayed or satisfied in any action which results in a judgment for damages, the clerk of a court shall forward to the director a certified copy of the judgment or a certified copy of the register of actions, and a certificate of facts relative to the judgment, on a form which is provided by the director.
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Section § 11938

Explanation

If someone has had their license suspended, is about to be suspended, or could be suspended according to this law, they can stop it. They need to send a statement to the director saying three things: They were insured at the time of the incident, the insurance company should pay the judgment, and if known, why the insurance hasn't paid yet.

Any person whose license has been suspended, is about to be suspended, or becomes subject to suspension pursuant to this article, may relieve himself from the suspension by filing with the director an affidavit which states all of following:
(a)CA Food And Agriculture Code § 11938(a) That at the time of the incident upon which the judgment was rendered he was insured.
(b)CA Food And Agriculture Code § 11938(b) That the insurer is liable to pay the judgment.
(c)CA Food And Agriculture Code § 11938(c) The reason, if known, why the insurance company has not paid the judgment.
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Section § 11939

Explanation

If someone files an affidavit under Section 11938 in California, they must also provide the original insurance policy or a certified copy, if possible. Additional documents may be required by the director to prove that the insurance policy covers the loss or damage mentioned in the judgment.

The person that files the affidavit pursuant to Section 11938 shall also file the original policy of insurance or a certified copy of the policy, if available, and such other documents as the director may require to show that the loss, injury, or damage for which the judgment was rendered, was covered by the policy of insurance.
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Section § 11940

Explanation

This law explains that if an insurer was legally allowed to issue an insurance policy in California and is responsible for paying a court judgment as specified by the law, the director should not suspend the license of the person involved. Alternatively, if the license had been previously suspended, it should be reinstated once these conditions are met.

If the director is satisfied from the papers which are filed pursuant to Sections 11938 and 11939 that the insurer was authorized to issue the policy of insurance in this state at the time of issuing the policy and that the insurer is liable to pay the judgment, at least to the extent and for the amounts which are provided in this article, the director shall not suspend the license or, if the license has already been suspended, he shall reinstate it.
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