Section § 26220

Explanation

This section establishes the official name for the chapter, which is the Animal Control Officer Standards Act.

This chapter shall be known, and may be cited, as the Animal Control Officer Standards Act.

Section § 26221

Explanation

This section of the California Health and Safety Code defines specific terms related to animal welfare and control. It clarifies that the 'Board' refers to the Board of Directors of the California Animal Welfare Association, and 'CalAnimals' is the Association itself, operating as a public benefit corporation in California. The term 'Certified animal control officer' (CACO) refers to individuals certified under the rules outlined in this chapter. Lastly, 'Animal control officer' is defined as per the Penal Code.

(a)CA Health and Safety Code § 26221(a) “Board” means the Board of Directors of the California Animal Welfare Association.
(b)CA Health and Safety Code § 26221(b) “CalAnimals” means the California Animal Welfare Association, a public benefit corporation domiciled in California.
(c)CA Health and Safety Code § 26221(c) “Certified animal control officer” or “CACO” means a person certified as described in this chapter.
(d)CA Health and Safety Code § 26221(d) “Animal control officer” has the same meaning as defined in paragraph (8) of subdivision (d) of Section 241 of the Penal Code.

Section § 26222

Explanation

This law outlines the standards for training and certifying Certified Animal Control Officers (CACOs) in California. The board, with input from a CalAnimals training committee, must develop these standards, ensuring they are not less strict than what's outlined in the chapter. The focus is on improving professional skills and ethical behavior among animal control officers.

To become certified, individuals need at least 20 hours of training in animal care and 40 hours in state laws related to humane treatment and enforcement. Continuing education of 40 hours every three years is also required. Additionally, previous training before January 1, 2020, may be recognized if completed within a decade of being an animal control officer. The board can also create additional certification levels.

(a)CA Health and Safety Code § 26222(a) The board shall develop and maintain standards for various classes of CACOs. The standards for education, training, and certification shall be adopted by administrative rule of the board, and shall not be less rigorous than those described in this chapter. A CalAnimals training committee shall review the standards and provide input to the board for adoption.
(b)CA Health and Safety Code § 26222(b) The development and perpetual advancement of animal control officer professional standards and actively providing related educational offerings that lead to increased professional competence and ethical behavior shall be the highest priorities for the board in its licensing, certification, and disciplinary functions. Whenever the advancement of animal control officer professional standards and the provision of related educational offerings is inconsistent with other interests sought to be promoted, the former shall be paramount.
(c)CA Health and Safety Code § 26222(c) The minimum standards to become a certified animal control officer are as follows:
(1)CA Health and Safety Code § 26222(c)(1)  Completion of at least 20 hours of a course of training in animal care sponsored or provided by an accredited postsecondary institution or any other provider approved by the California Veterinary Medical Association, the focus of which is the identification of disease, injury, and neglect in domestic animals and livestock.
(2)CA Health and Safety Code § 26222(c)(2)  Completion of at least 40 hours of a course of training on state laws relating to the powers and duties of an officer charged with enforcing laws relating to the humane treatment of animals sponsored or provided by an accredited postsecondary institution, law enforcement agency, or CalAnimals. Training required pursuant to Section 830.9 of the Penal Code, as prescribed in Section 832 of the Penal Code, does not satisfy the minimum of 40 hours of training required by this paragraph. The course shall include, but not be limited to, training and competency requirements in the areas of administrative inspection, relevant food and agricultural laws, Penal Code provisions governing the treatment of animals and animal-related crimes, state and local health and safety codes, environmental regulations, public nuisance laws, applicable constitutional law, investigation and enforcement techniques, application of remedies, officer safety, and community engagement.
(3)CA Health and Safety Code § 26222(c)(3) During each three-year period following the date on which the certification was earned, completion of 40 hours of continuing education and training relating to the powers and duties of an animal control officer, which shall be sponsored or provided by an accredited postsecondary institution, law enforcement agency, or CalAnimals. Documentation shall be served to CalAnimals no later than 21 days after the expiration of each three-year period.
(4)CA Health and Safety Code § 26222(c)(4) An individual who has become a CACO in accordance with paragraph (1) shall complete the continuing education and training as required in this section from the date their certification is granted by the board.
(d)CA Health and Safety Code § 26222(d) If an applicant has, before January 1, 2020, successfully completed the training required by paragraphs (1) and (2) of subdivision (c) within the previous 10 years of the applicant’s employment as an animal control officer, the board shall deem the applicant to have satisfied the training requirements of those paragraphs.
(e)CA Health and Safety Code § 26222(e) The board may, by administrative rule, designate additional levels of certification.

Section § 26223

Explanation

This law mandates that a board keeps a detailed record of every application for a registration certificate. The record must include the applicant's personal details, such as name, address, birthdate, and driver's license number, along with their employer's details. It also requires information about the application date, the applicant's qualifications, the board's decision on the application, the registration certificate's serial number, and any additional information the board demands.

The board shall maintain a registry of each application for a certificate of registration under this chapter. The registry shall include all of the following:
(a)CA Health and Safety Code § 26223(a) The name, residence, date of birth, and driver’s license number, including state or country of origin, of the applicant.
(b)CA Health and Safety Code § 26223(b) The name and address of the employer or business of the applicant.
(c)CA Health and Safety Code § 26223(c) The date of the application.
(d)CA Health and Safety Code § 26223(d) The education and experience qualifications of the applicant.
(e)CA Health and Safety Code § 26223(e) The action taken by the board regarding the application and the date of the action.
(f)CA Health and Safety Code § 26223(f) The serial number of a certificate of registration issued to the applicant.
(g)CA Health and Safety Code § 26223(g) Any other information required by board rule.

Section § 26224

Explanation

This law requires the board to establish a process for reviewing applications from people certified by other agencies to become recognized as CACO in this state. If someone is denied full recognition, the board must provide written reasons and steps for the applicant to take. Also, fees for recognition are outlined in another section.

The board shall, by administrative rule, create a process to promptly consider and review all applicants who hold certification from any other agency, and allow them to seek review and approval of the qualifications to be recognized as a CACO in this state. A denial of full recognition as a CACO shall be accompanied by written justification and a list of steps that are required for the individual applicant to complete the registration and certification process. Recognition fees shall be set as described in Section 26229.

Section § 26225

Explanation

This law mandates that the board must clearly and continuously display a list of Certified Animal Control Officers (CACOs) on the CalAnimals website. The list should include the CACO's full name, their active or inactive status, the expiration date of their active certification, and their business address. If the business address is a home address, it will remain confidential and not be shown publicly.

The board shall conspicuously and continually publish its list of CACOs on the CalAnimals internet website containing the CACO’s full name, summary status as to active or inactive status, date of active CACO expiration, and business address, unless the business address is a residence, which shall be treated as confidential.

Section § 26226

Explanation

To be recognized as a Certified Animal Control Officer (CACO) in California, a person must have a valid certificate from CalAnimals. They must currently be working or have worked in an animal control officer role in California within the last three years. Additionally, they need to stay up to date with continuing education and meet registration requirements set by the administrative board rules.

A CACO shall hold a valid certificate designating the person as a CACO issued by CalAnimals, shall be currently employed or previously employed within a three-year period in an animal control officer job classification in California, and shall be current and compliant with ongoing continuing education and registration requirements as designated by the board’s administrative rules.

Section § 26227

Explanation

If a CACO (Certified Applicant Certification Organization) does not keep up with continuing education requirements, their active certification will change to inactive status. To regain active status, they must follow the board's rules for getting it back.

Failure to maintain the continuing education requirements shall cause a CACO’s active certification status to lapse, subject to redemption as specified by the board’s administrative rules. Once a certification lapses, the certification status shall automatically convert to inactive CACO status unless it is redeemed.

Section § 26228

Explanation

In California, you can't claim to be a Certified Animal Control Officer (CACO) or use the title unless you have an official certificate of registration.

A person may not purport to be a CACO in this state or use the title “certified animal control officer” in this state unless the person holds a valid certificate of registration pursuant to this chapter.

Section § 26229

Explanation

Each year, the board must decide and charge fees that cover the cost of providing services as outlined in this chapter. These fees should be fair and only as high as needed to cover these costs. The fee list must be available on the CalAnimals website.

The board shall annually set and impose fees in amounts that do not exceed the reasonable amount necessary to cover the costs of administering those services pursuant to this chapter. The schedule of fees shall be published on the CalAnimals internet website.

Section § 26230

Explanation

This law outlines the process for investigating and disciplining applicants or Certified Access Compliance Officers (CACO) accused of providing false information or failing to disclose necessary information. The board must establish rules that include fair notice and an opportunity for a hearing before any disciplinary action, such as revocation or suspension, is taken. If a hearing finds cause for such action, an order will be issued that complies with these rules. The decision is final but can be appealed under specific sections of the Code of Civil Procedure.

(a)CA Health and Safety Code § 26230(a) The board shall adopt administrative rules to process information and investigate allegations or suspicions of an applicant or a CACO providing false information, failing to disclose material information on the registration application, or failing to provide information that may, either before or during the certification process, disqualify the applicant or CACO. The board shall adopt procedures and guidelines to impose discipline, revocation of certification, or sanction, for cause, against an applicant or CACO.
(b)CA Health and Safety Code § 26230(b) The administrative rules shall provide the applicant or CACO with adequate and fair notice and an opportunity for a hearing before the board takes adverse action against the applicant or CACO.
(c)CA Health and Safety Code § 26230(c) A factual finding after a hearing that the board concludes is cause for revocation, suspension, or other disciplinary or administrative action against an applicant or a CACO shall result in an order after hearing that meets the fair notification requirements of this section.
(d)CA Health and Safety Code § 26230(d) An order after notice and an opportunity for a hearing shall be deemed final under the board’s authority and procedures and may be appealed as provided for in Sections 1094.5 and 1094.6 of the Code of Civil Procedure.