reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 4 - Issuance of Licenses › Section 8564.

8564. (a) To obtain an original field representative’s license, an applicant shall submit to the registrar an application containing a statement that the applicant desires the issuance of a field representative’s license under the terms of this chapter.
(b) The application shall be made on a form prescribed by the board and issued by the registrar in accordance with rules and regulations adopted by the board, and shall contain the following:
(1) The length of time during which the applicant has engaged in any work relating to pest control.
(2) The name and place of business of the person who last employed him or her.
(3) The name of the person by whom the applicant is employed.
(4) The name of the registered company by which the applicant is to be employed.
(5) The fees prescribed by this chapter.
(c) The board shall not accept any application for a field representative’s license in Branch 1 unless the applicant submits proof satisfactory to the board that he or she has had six months’ training and experience in the practice of fumigating with poisonous or lethal gases under the immediate supervision of an individual licensed to practice fumigating, or the equivalent of that training and experience.
(d) The board shall not accept any application for a field representative’s license in Branch 2 unless the applicant submits proof satisfactory to the board that he or she has had training and experience in the practice of pesticide application, Branch 2 pest identification and biology, pesticide application equipment, and pesticide hazards and safety practice under the immediate supervision of an operator or field representative licensed in Branch 2, or the equivalent of that training and experience.
(e) The board shall not accept any application for a field representative’s license in Branch 3 unless the applicant submits proof satisfactory to the board that he or she has had training and experience in the practice of pesticide application, Branch 3 pest identification and biology, pesticide application equipment, pesticide hazards and safety practices, structural repairs, and structural inspection procedures and report writing under the immediate supervision of an operator or field representative licensed in Branch 3, or the equivalent of that training and experience.
(Amended by Stats. 2014, Ch. 560, Sec. 19. (SB 1244) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 4 - Issuance of Licenses › Section 8564.5.

8564.5. (a) Any individual 18 years of age or older may apply for a license as an applicator.
(b) The board shall ascertain by written examination that an applicant for a license as applicator in Branch 2 or Branch 3 has sufficient knowledge in pesticide equipment, pesticide mixing and formulation, pesticide application procedures and pesticide label directions.
(c) Passage of the written examination authorizes an individual to apply any chemical substance in Branch 2 or Branch 3.
(d) The board may charge a fee for any examination required by this section in an amount sufficient to cover the reasonable regulatory cost of administering the examination, but not to exceed the amount set forth in subdivision (k) of Section 8674.
(e) Nothing in this chapter shall prohibit an applicator, authorized to apply any chemical substance in Branch 2 or Branch 3 before January 1, 1995, from acting as an applicator pursuant to that authorization. Upon expiration of the authorization, an applicator’s license shall be required.
(Amended by Stats. 2014, Ch. 304, Sec. 2. (AB 1685) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 4 - Issuance of Licenses › Section 8564.6.

8564.6. (a) To obtain an original applicator’s license, an applicant shall submit to the registrar an application containing a statement that the applicant requests the issuance of an applicator’s license under the terms of this chapter.
(b) The application shall be made on a form prescribed by the board and issued by the registrar in accordance with rules and regulations adopted by the board and shall contain the following:
(1) The name of the registered company by which the applicant is to be employed.
(2) The fee prescribed by this chapter.
(Amended by Stats. 2014, Ch. 560, Sec. 20. (SB 1244) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 4 - Issuance of Licenses › Section 8565.

8565. The board shall ascertain by examination that an applicant for a license as operator is qualified in the use and understanding of all of the following:
(a) The English language, including reading and writing.
(b) The building and safety laws of the state and any of its political subdivisions, if the branch or branches of pest control for which he or she is applying, require that knowledge.
(c) The labor laws of the state.
(d) The provisions of this chapter.
(e) Pesticides used in pest control, if the branch license or licenses for which he or she is applying, require that knowledge.
(f) The theory and practice of the branch or branches of pest control in which the applicant desires to be licensed.
(g) Other state laws, safety or health measures, or practices that are reasonably within the scope of structural pest control in the various branches, including an applicant’s knowledge of the requirements regarding health effects and restrictions on applications, as set forth in Section 8538.
(Amended by Stats. 2014, Ch. 560, Sec. 21. (SB 1244) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 4 - Issuance of Licenses › Section 8565.5.

8565.5. (a) An applicant for a Branch 1 operator’s license shall demonstrate to the board that he or she has passed satisfactorily board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(6) Fumigation safety.
(b) An applicant for a Branch 2 operator’s license shall demonstrate to the board that he or she has passed satisfactorily board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(c) An applicant for a Branch 3 operator’s license shall demonstrate to the board that he or she has passed satisfactorily board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(6) Construction repair and preservation techniques.
(Amended by Stats. 2007, Ch. 354, Sec. 29. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 4 - Issuance of Licenses › Section 8566.

8566. The board shall ascertain by examination that an applicant for a license as field representative is qualified in the use and understanding of the following:
(a) The safety laws of the state, if the branch or branches of pest control for which he or she is applying, require that knowledge.
(b) The provisions of this chapter.
(c) Pesticides used in pest control, if the branch or branches of pest control for which he or she is applying, require that knowledge.
(d) The theory and practice of pest control in the branch or branches thereof for which the applicant desires to be licensed.
(e) Other state laws, safety or health measures, or practices as are reasonably within the scope of structural pest control in the various branches.
(Amended by Stats. 2014, Ch. 560, Sec. 23. (SB 1244) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 4 - Issuance of Licenses › Section 8566.5.

8566.5. An individual shall be permitted to hold only one license in the same branch at the same time.
If an individual who holds an operator’s license requests to be licensed as a field representative or applicator, he or she may apply for a field representative’s license or applicator’s license and shall be granted the license without examination, if he or she surrenders his or her operator’s license to the board, and provided that no disciplinary action has been initiated against the operator’s license prior to the date of the individual’s application for a field representative’s license or applicator’s license.
If an individual who holds a field representative’s license requests to be licensed as an applicator, he or she may apply for an applicator’s license and he or she shall be granted the license without examination, if he or she surrenders his or her field representative’s license to the board, and if no disciplinary action has been initiated against the field representative’s license prior to the date of the individual’s application for an applicator’s license.
(Amended by Stats. 2001, Ch. 306, Sec. 27. Effective January 1, 2002.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 4 - Issuance of Licenses › Section 8567.

8567. (a) Should a field representative or applicator change his or her employment, or should an operator enter the employ of a registered company, or being already employed by a registered company change his or her employment, or being employed by a registered company leave that employment and enter the pest control business on his or her own behalf, he or she 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 registrar shall register the change in his or her records.
(b) If a field representative, operator, or applicator fails to notify the registrar within 30 days of the date a change of employment occurs, a registered company may notify the registrar, on a form prescribed by the board, that the field representative, operator, or applicator is no longer associated with the registered company.
(Amended by Stats. 2017, Ch. 573, Sec. 43. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 4 - Issuance of Licenses › Section 8568.

8568. After a hearing the board may deny a license or a company registration unless the applicant makes a showing satisfactory to the board that the applicant, if an individual, has not, or if the applicant is a company applying for a company registration, that its manager and each of its officers, directors, employees, members and partners have not:
(a) Committed any act or crime constituting grounds for denial of licensure under Section 480.
(b) While unlicensed or not registered, knowingly committed or aided and abetted the commission of any act for which a license or company registration is required under this chapter.
(c) While acting as a partner, officer, managing employee, or qualifying manager of a firm, partnership, or corporation, had knowledge of and participated in the commission of any act resulting in the suspension or revocation of a license or company registration.
When a hearing is held under this section it 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 of the powers granted therein.
(Amended by Stats. 1985, Ch. 1348, Sec. 42. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 4 - Issuance of Licenses › Section 8569.

8569. In addition to the partner or other individual designated as the qualifying manager for a registered company which is organized as a partnership, if any of the company’s partners desire to actively engage in pest control on behalf of the partnership each shall be required to qualify for and to be licensed as an operator or field representative.
Nothing in this chapter shall prohibit any partner who is duly qualified and licensed in one or more of the branches of pest control designated in Section 8560, from representing the partnership in any other branch of pest control for which the partnership is registered, except that he or she may actively engage in pest control as an operator or field representative only in the branch for which he or she is qualified and licensed.
Upon being licensed as an operator or field representative, the other partner may engage in pest control only on behalf of the partnership of which he or she is a member, as long as he or she remains a partner thereof, but he or she may become associated with another partnership, or with a firm or corporation, in a capacity other than as a qualifying manager.
(Amended by Stats. 1992, Ch. 270, Sec. 2. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 4 - Issuance of Licenses › Section 8570.

8570. In addition to the officer or other individual designated as the qualifying manager for a registered company which is organized as an association or corporation, if any of the company’s other officers desire to actively engage in pest control in behalf of the association or corporation, each shall be required to qualify for and to be licensed as an operator or field representative.
Nothing in this chapter shall prohibit any officer of such corporation who is duly qualified and licensed in one or more of the branches of pest control designated in Section 8560, from representing the corporation in any other branch of pest control for which the corporation is registered, except that he or she may actively engage in pest control as an operator or field representative only in the branch for which he or she is qualified and licensed.
Upon being licensed as an operator or field representative, the officer may engage in pest control only on behalf of the association or corporation of which he or she is an officer, so long as he or she remains an officer thereof, but he or she may become associated with another association or corporation, or with a firm or partnership, in a capacity other than as a qualifying manager.
(Amended by Stats. 1992, Ch. 270, Sec. 3. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 4 - Issuance of Licenses › Section 8571.

8571. If the licensed operator who is designated as the qualifying manager for a registered company ceases for any reason whatsoever to be connected with the company, the company shall notify the registrar in writing within 10 days from such cessation. If the notice is given the registration shall remain in force for a reasonable length of time, to be determined by rules of the board, during which period the company must submit to the registrar in writing the name of another qualified, or to be qualified, qualifying manager to replace the qualifying manager who has ceased to be connected with it, and who shall qualify as such within the time allowed by rules and regulations of the board.
If the company fails to notify the registrar within the 10-day period, or fails to replace with a qualifying manager within the period fixed by the regulations of the board, at the end of the period the registration shall be ipso facto suspended. The registration shall be reinstated upon the filing of an affidavit, executed by a representative of the company, and filed with the registrar, to the effect that the qualifying manager who ceased to be connected with the company has been replaced by another operator who is authorized by this chapter to act in such capacity, and that such operator has not had his or her license suspended or revoked or that he or she has not been connected with a company which has had its registration suspended or revoked.
(Amended by Stats. 1985, Ch. 1348, Sec. 45. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 4 - Issuance of Licenses › Section 8572.

8572. (a) Notwithstanding any other provision of law, the board may, in its sole discretion, issue a probationary license to an applicant subject to terms and conditions deemed appropriate by the board, including, but not limited to, the following:
(1) Continuing medical, psychiatric, or psychological treatment.
(2) Ongoing participation in a specified rehabilitation program.
(3) Abstention from the use of alcohol or drugs.
(4) Compliance with all provisions of this chapter.
(b) (1) Notwithstanding any other provision of law, and for purposes of this section, when deciding whether to issue a probationary license, the board shall request that an applicant with a dismissed conviction provide proof of that dismissal and shall give special consideration to applicants whose convictions have been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code.
(2) The board shall also take into account and consider any other reasonable documents or individual character references provided by the applicant that may serve as evidence of rehabilitation as deemed appropriate by the board.
(c) The board may modify or terminate the terms and conditions imposed on the probationary license upon receipt of a petition from the applicant or licensee.
(d) For purposes of issuing a probationary license to qualified new applicants, the board shall develop standard terms of probation that shall include, but not be limited to, the following:
(1) A three-year limit on the individual probationary license.
(2) A process to obtain a standard license for applicants who were issued a probationary license.
(3) Supervision requirements.
(4) Compliance and quarterly reporting requirements.
(Added by Stats. 2008, Ch. 675, Sec. 11. Effective January 1, 2009.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 5 - Renewal of Licenses › Section 8590.

8590. (a) Except as otherwise provided herein, an operator’s, field representative’s, and applicator’s licenses shall expire at 12 midnight on June 30 of the third year from the date of issue.
(b) An individual licensed in more than one category may request that each license expire on the same date. The date requested shall be the date of the earliest expiration.
(c) An operator, field representative, and applicator shall pay a fee for the renewal of his or her license.
(d) The board shall on or before the first day of June of each year mail to each operator, field representative, and applicator whose license will expire in that year, addressed to him or her at his or her last known address, a notice that his or her renewal fee is due and payable and that, if not paid by June 30, a penalty will be added thereto.
(e) In no case shall the penalty be waived.
(f) Upon the receipt of the fee the board shall cause the renewal certificate to be issued.
(Amended by Stats. 2014, Ch. 560, Sec. 25. (SB 1244) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 5 - Renewal of Licenses › Section 8591.

8591. If delinquency in the payment of the fee for renewal of any license extends beyond three months, the license shall not be reinstated and the licensee shall be required to obtain a new license in accordance with the provisions of Article 4 (commencing with Section 8560).
(Amended by Stats. 2007, Ch. 354, Sec. 30. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 5 - Renewal of Licenses › Section 8592.

8592. Any licensee whose license is under suspension may make application for renewal of his or her license as provided in this article, but the board may not renew his or her license until the suspension has been lifted.
(Amended by Stats. 2007, Ch. 354, Sec. 31. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 5 - Renewal of Licenses › Section 8593.

8593. (a) The board shall require as a condition to the renewal of each operator’s and field representative’s license that the holder submit proof satisfactory to the board that he or she has informed himself or herself of developments in the field of pest control either by completion of courses of continuing education in pest control approved by the board or equivalent activity approved by the board. In lieu of submitting that proof, the licenseholder, if he or she so desires, may take and successfully complete an examination given by the board, designed to test his or her knowledge of developments in the field of pest control since the issuance of his or her license.
(b) The board shall develop a correspondence course or courses with any educational institution or institutions as it deems appropriate. This course may be used to fulfill the requirements of this section. The institution may charge a reasonable fee for each course.
(c) The board may charge a fee for the taking of an examination in each branch of pest control pursuant to this section in an amount sufficient to cover the reasonable regulatory cost of administering each examination.
(Amended by Stats. 2014, Ch. 304, Sec. 3. (AB 1685) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 5 - Renewal of Licenses › Section 8593.1.

8593.1. The board shall require as a condition to the renewal of each applicator’s license that the holder thereof submit proof satisfactory to the board that he or she has completed courses of continuing education in pesticide application and use approved by the board or equivalent activity approved by the board. In lieu of submitting that proof, the licenseholder, if he or she so desires, may successfully apply for and pass an appropriate applicator’s examination for renewal of a license given by the board.
(Amended by Stats. 2014, Ch. 560, Sec. 27. (SB 1244) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 5 - Renewal of Licenses › Section 8593.2.

8593.2. Commencing July 1, 2016, a licensee shall comply with the training requirements of the Healthy Schools Act of 2000 (Article 4 (commencing with Section 17608) of Chapter 5 of Part 10.5 of Division 1 of Title 1 of the Education Code and Article 17 (commencing with Section 13180) of Chapter 2 of Division 7 of the Food and Agricultural Code) if the licensee intends to apply a pesticide at a schoolsite, as defined in subdivision (f) of Section 17609 of the Education Code. Courses completed in furtherance of the training requirements of the Healthy Schools Act of 2000 shall count toward the continuing education requirements of the board and shall qualify as continuing education in integrated pest management.
(Added by Stats. 2014, Ch. 848, Sec. 1. (SB 1405) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 6 - Regulation of Licensees › Section 8610.

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) (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) 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) 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) No individual who holds an operator’s license shall act as a qualifying manager for more than two registered companies.
(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) 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) 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.
(Amended by Stats. 2007, Ch. 354, Sec. 32. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 6 - Regulation of Licensees › Section 8611.

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) 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.
(Amended by Stats. 2015, Ch. 430, Sec. 37. (AB 181) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 6 - Regulation of Licensees › Section 8612.

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) 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.
(Amended by Stats. 2014, Ch. 560, Sec. 28. (SB 1244) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 6 - Regulation of Licensees › Section 8613.

8613. 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.
(Amended by Stats. 2018, Ch. 572, Sec. 11. (SB 1481) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 6 - Regulation of Licensees › Section 8616.

8616. 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.
(Amended by Stats. 1994, Ch. 844, Sec. 36. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 6 - Regulation of Licensees › Section 8616.4.

8616.4. 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.
(Amended by Stats. 1994, Ch. 844, Sec. 37. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 6 - Regulation of Licensees › Section 8616.5.

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) 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) 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.
(Amended by Stats. 2001, Ch. 306, Sec. 29. Effective January 1, 2002.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 6 - Regulation of Licensees › Section 8616.6.

8616.6. 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.
(Amended by Stats. 1994, Ch. 844, Sec. 39. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 6 - Regulation of Licensees › Section 8616.7.

8616.7. 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.
(Amended by Stats. 1986, Ch. 1266, Sec. 8.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 6 - Regulation of Licensees › Section 8616.9.

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) 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) 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) The employer is in compliance with regulations relating to the workplace and supervision of employees.
(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) 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) (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) 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) 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.
(Amended by Stats. 2016, Ch. 359, Sec. 2. (AB 2529) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 6 - Regulation of Licensees › Section 8617.5.

8617.5. Regulations adopted pursuant to Section 11503 of the Food and Agricultural Code are not applicable to this chapter.
(Added by Stats. 1984, Ch. 766, Sec. 8.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 6 - Regulation of Licensees › Section 8618.

8618. Documents as specified by regulation must be maintained by all registered companies for three years.
(Added by Stats. 1994, Ch. 844, Sec. 40. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 6 - Regulation of Licensees › Section 8619.

8619. (a) An inspection tag shall be posted whenever an inspection for wood destroying pests or organisms is made.
(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.
(Amended by Stats. 2018, Ch. 572, Sec. 12. (SB 1481) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 7 - Disciplinary Proceedings › Section 8620.

8620. 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) 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) The civil penalty shall not be more than five thousand dollars ($5,000) for an actual suspension of one to 19 days.
(c) The civil penalty shall not be more than ten thousand dollars ($10,000) for an actual suspension of 20 to 45 days.
(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) 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.
(Amended by Stats. 1994, Ch. 844, Sec. 42. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 7 - Disciplinary Proceedings › Section 8621.

8621. 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.
(Amended by Stats. 2017, Ch. 279, Sec. 1. (AB 1590) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 7 - Disciplinary Proceedings › Section 8622.

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) 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.
(Amended by Stats. 2014, Ch. 560, Sec. 31. (SB 1244) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 14 - Structural Pest Control Operators › ARTICLE 7 - Disciplinary Proceedings › Section 8623.

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) The board may deny a license to an applicant on any of the grounds specified in Section 480.
(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) Evaluates evidence of rehabilitation submitted by the applicant, if any.
(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) 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) Commencing July 1, 2009, all of the following shall apply:
(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) 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) 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) 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) The board shall make that information available upon request by the Department of Justice or the Federal Bureau of Investigation.
(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.
(Amended by Stats. 2018, Ch. 572, Sec. 13. (SB 1481) Effective January 1, 2019.)