BILL NUMBER: SB 1244 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 24, 2014
INTRODUCED BY Senator Lieu
(Principal coauthor: Assembly Member Bonilla)
FEBRUARY 20, 2014
An act to amend Sections 8520 and 8528 of
8504, 8505, 8505.1, 8505.2, 8505.5, 8505.10, 8505.12, 8505.14,
8507.1, 8514, 8518, 8520, 8528, 8551.5, 8560, 8562, 8564, 8564.6,
8565, 8566, 8567, 8590, 8593.1, 8612, 8613, 8617, 8622, 8643, 8647,
8651, 8660, and 8673 of, to repeal Sections 8505.6, 8565.6, and
8590.1 of, and to add Sections 8504.1 and 8672.1 to, the
Business and Professions Code, relating to the Structural Pest
Control Board.
LEGISLATIVE COUNSEL'S DIGEST
SB 1244, as amended, Lieu. Structural Pest Control Board.
Existing law, until January 1, 2015, establishes the Structural
Pest Control Board, within the Department of Consumer Affairs, and
authorizes the Director of Consumer Affairs to appoint a registrar to
be the executive officer of the board. The board is required to
license and regulate structural pest control operators, as specified.
This bill would extend the operation of those provisions until
January 1, 2019.
Existing law provides, in pertinent part, that structural pest
control includes, with respect to household pests and wood destroying
pests or organisms, or other pests which may invade households or
other structures, the engaging in, offering to engage in, advertising
for, soliciting, or the performance of, among other things, the
identification of infestations, or the use of insecticides,
pesticides, rodenticides, fumigants, or allied chemicals or
substances for the purpose of eliminating, exterminating, controlling
or preventing infestations or infections of those pests, or
organisms. Under existing law, an applicator's license expires 3
years from the date the license is issued.
This bill would define the term "pesticide" to include any spray
adjuvant and any substance, or mixture of substances, which is
intended to be used for preventing, destroying, repelling, or
mitigating any pest or organism, and would make conforming changes
pertaining to that definition. The bill would prohibit a limited
liability company from providing structural pest control services,
delete obsolete provisions pertaining to the definition of fumigants
and fumigation procedures, and would conform notice provisions
relating to fumigation to other provisions of law. The bill would
authorize, in specified circumstances, waiving the use of warning
agents in conjunction with fumigants. The bill would provide that an
applicator's license instead would expire on June 30 of the 3rd year
after issuance.
Existing law authorizes suspension and fines to be imposed on a
registered structural pest control company for specified violations.
This bill would provide that the time for an action for a
suspension or fine against a structural pest control licensee or
registered company would be 2 years from the date of the violation,
provided however, that when an agricultural commissioner submits a
completed investigation to the Structural Pest Control Board, as
specified, the action would be required to be brought within one year
of the commissioner's submission.
Existing law establishes a disciplinary review committee, in
connection with disciplinary procedures against structural pest
control licensees and registered companies, which requires as a
member of the committee, a person representing the Secretary of Food
and Agriculture.
This bill would instead require as a member of the committee, a
person who represents the Director of Pesticide Regulation.
The bill would make additional conforming and technical,
nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8504 of the Business
and Professions Code is amended to read:
8504. "Person" includes an individual, firm, partnership,
corporation, limited liability company,
association or other organization or any combination thereof.
SEC. 2. Section 8504.1 is added to the
Business and Professions Code , to read:
8504.1. "Pesticide" includes any of the following:
(a) Any spray adjuvant.
(b) Any substance, or mixture of substances, which is intended to
be used for preventing, destroying, repelling, or mitigating any pest
or organism.
SEC. 3. Section 8505 of the Business
and Professions Code is amended to read:
8505. (a) "Structural pest control" and
"pest control" as used in this chapter are synonymous. Except as
provided in Section 8555 and elsewhere in this chapter, it is, with
respect to household pests and wood destroying pests or organisms, or
such other pests which
that may invade households or other structures, including
railroad cars, ships, docks, trucks, airplanes, or the contents
thereof, the engaging in, offering to engage in, advertising for,
soliciting, or the performance of, any of the following:
identification
(1) Identification of
infestations or infections; the infections.
(2) The making of an inspection
or inspections for the purpose of identifying or attempting to
identify infestations or infections of household or other structures
by such those pests or
organisms; the organisms.
(3) The making of inspection
reports, recommendations, estimates, and bids, whether oral or
written, with respect to such those
infestations or infections; and the
infections.
(4) The making of contracts, or
the submitting of bids for, or the performance of any work including
the making of structural repairs or replacements, or the use of
insecticides, pesticides, rodenticides,
fumigants, or allied chemicals or substances, or mechanical
devices for the purpose of eliminating, exterminating, controlling
or preventing infestations or infections of such
those pests, or organisms.
"Household
(b) "Household pests" are defined
for the purpose of this chapter as those pests other than wood
destroying pests or organisms, which invade households and other
structures, including, but not limited to, rodents, vermin and
insects.
SEC. 4. Section 8505.1 of the Business
and Professions Code is amended to read:
8505.1. (a) Except as provided in subdivisions (b) and (c), for
the purpose of this act, "fumigation" shall be defined as the use
within an enclosed space for the destruction of plant or animal life,
a substance having a vapor pressure greater than 5 millimeters of
mercury at 25 degrees centigrade when the substance is labeled for
those purposes.
The following is a list of lethal fumigants:
(1) Methyl bromide.
(2) Sulfur dioxide.
(3) Propylene oxide.
(4)
(2) Sulfuryl fluoride.
(5)
(3) Aluminum phosphide.
The board may adopt, and may as necessary amend, by regulation, a
list of fumigants.
(b) For the purpose of this act, "warning agent" shall be
is any agent used in combination with any
fumigant that lacks warning properties.
The following is a warning agent:
Chloropicrin.
The board may adopt, and may as necessary amend, by regulation, a
list of warning agents.
(c) For the purpose of this act "simple asphyxiants" shall not be
deemed to be fumigants.
The following is a list of simple asphyxiants:
(1) Liquid nitrogen.
(2) Carbon dioxide.
The board may adopt, and may as necessary amend, by regulation, a
list of simple asphyxiants.
SEC. 5. Section 8505.2 of the Business
and Professions Code is amended to read:
8505.2. Fumigation shall be performed only under the direct and
personal supervision of an individual who is licensed by the board as
an operator or field representative in a branch of pest
control that includes fumigation Branch 1 as set forth
in Section 8560 .
SEC. 6. Section 8505.5 of the Business
and Professions Code is amended to read:
8505.5. (a) Notice of the date and place of
fumigation, and chemicals to be used, shall be given by the
fumigator to the fire department serving the area in which fumigation
is to be performed not less than two hours prior to the time
fumigation begins. The fire department shall not charge any fees for
any service related to structural pest control activities except for
the costs of an emergency response necessitated by illegal or
negligent actions.
If requested by the county agricultural commissioner, notice
(b) Notice of each fumigation to
be performed shall be given to the commissioner in the county in
which the job is to be performed. The notice, which may be mailed or
given by telephone, at the option of the commissioner, shall be given
at least 24 hours prior to the time fumigation begins, unless the
commissioner determines that less time is sufficient. No
A fee shall not be assessed for
processing the notice which may be requested by the
commissioner. this notice.
SEC. 7. Section 8505.6 of the Business
and Professions Code is repealed.
8505.6. During the process of fumigation the room or apartment
being fumigated, together with all rooms and apartments, including
rooms or apartments on the same floor and those above, below, and
adjacent thereto, shall be vacated by the occupants thereof. During
the process of such fumigation, all rooms, apartments, and hallways
adjacent to the rooms, apartments or spaces undergoing fumigation,
shall be kept well ventilated and warning signs as herein prescribed
stating such fact of fumigation shall be kept posted at all entries
to such rooms or apartments during the time of such fumigation and
thereafter until all such premises are safely ventilated free of all
fumes. All rooming or apartment houses designed for the use of four
families or less shall be entirely vacated and closed against entry
thereto and occupancy thereof while fumigation is being performed
therein and until the same is safely ventilated free of all fumes.
SEC. 8. Section 8505.10 of the Business
and Professions Code is amended to read:
8505.10. Warning signs shall be printed in red on white
background and shall contain the following statement in letters not
less than two inches in height: "DANGER--FUMIGATION." They shall also
depict a skull and crossbones not less than one inch in height and
shall state in letters not less than one-half inch in height the name
of the fumigant, fumigant. These signs shall
also include in legible ink of any color, the date and time
fumigant was injected, and the name, address and telephone number of
the registered company performing the fumigation. Warning signs
placed under a tarpaulin shall not be required to state the time the
fumigant was injected.
SEC. 9. Section 8505.12 of the Business
and Professions Code is amended to read:
8505.12. A registered company performing fumigation shall use an
adequate warning agent with all fumigants which lack such
those properties. There may be
circumstances in which the use of chloropicrin is not possible due to
its unknown effects on sensitive items, including, but not limited
to, artifacts in museums or in police evidence storage. In these
circumstances, waiving the use of chloropicrin shall be approved by
the state regulatory authority and documented in advance and shall
include alternative safety precautions which address
initial clearance of the site to be fumigated, potential movement of
the fumigant to unattended areas, and continued site security.
When conditions involving abnormal hazards exist, the licensee
exercising direct and personal supervision shall take such
those safety precautions in addition to those
prescribed by this chapter as are reasonably necessary to protect the
public health and safety.
SEC. 10. Section 8505.14 of the
Business and Professions Code is amended to read:
8505.14. "Fumigator" means any individual licensed by the board
as a structural pest control operator or as a structural pest control
field representative in the branch of pest control which
includes fumigation Branch 1 as set forth in
Section 8560.
SEC. 11. Section 8507.1 of the Business
and Professions Code is amended to read:
8507.1. (a) (1) "Structural pest control
applicator" is any individual who is licensed by the board to apply
a pesticide, rodenticide, or allied chemicals or substances
for the purpose of eliminating, exterminating, controlling, or
preventing infestation or infections of pests or organisms included
pesticides in Branch 2 or Branch 3 on behalf of
a registered company.
A
(2) A structural pest control
applicator shall not contract for pest control work or perform pest
control work in his or her own behalf.
(b) As used in this chapter, "applicator" refers to "structural
pest control applicator."
SEC. 12. Section 8514 of the Business
and Professions Code is amended to read:
8514. No (a) A
Branch 2 or 3 registered company shall not commence
work on a contract, or sign, issue, or deliver any documents
expressing an opinion or statement relating to the control of
household pests, or wood destroying pests or organisms until the
registered company has completed an inspection has
been made. inspection.
Notwithstanding
(b) Notwithstanding any provision
of this chapter, after an inspection has been made, a registered
company which holds a branch registration for the control of
household pests, or wood destroying pests or organisms, but
its whose branch registration restricts the
method of eradication or control permitted, may recommend and enter
into a contract for the eradication or control of pests within the
scope of its branch registration, provided that it
subcontracts subcontracts, in writing
writing, the actual performance of the work to a
registered company which holds a branch registration authorizing the
particular method to be used.
A
(c) A registered company may
in writing subcontract , in writing,
any pest control work for which it is registered in any branch or
branches to a registered company holding a valid branch registration
to do such that work.
Nothing
(d) Nothing in this chapter shall
be construed to prohibit a registered company or the consumer from
subcontracting with a licensed contractor to do any work authorized
under Section 8556.
A
(e) A registered company shall
not subcontract structural fumigation work, as permitted in this
section, without the written consent of the consumer. The consumer
must shall be informed in advance, in
writing, of any proposed work which the registered company intends to
subcontract and of the consumer's right to select another person or
entity of the consumer's choosing to perform the work. The consumer
may authorize the subcontracting of the work as proposed or may
contract directly with another registered company licensed to perform
the work. Nothing in this paragraph shall be construed to eliminate
any otherwise applicable licensure requirements, nor permit a
licensed contractor to perform any work beyond that authorized by
Section 8556.
Nothing herein
(f) Nothing contained in
this section shall permit or authorize a registered company to
perform, attempt to perform, advertise or hold out to the public or
to any person that it is authorized, qualified, or registered to
perform, pest control work in a branch, or by a method, for which it
is not registered, except that a Branch 2 or Branch 3 registered
company may advertise fumigation or any all encompassing treatment
described in paragraph (8) of subdivision (a) of Section 1991 of
Title 16 of the California Code of Regulations if the company
complies with the requirements of this section.
Subcontracting
(g) Subcontracting of work, as
permitted herein, in this section,
shall not relieve the prime contractor or the subcontractor from
responsibility for, or from disciplinary action because of, an act or
omission on its part, which would otherwise be a ground for
disciplinary action. However, the registered company making the
initial proposal including proposed work that the registered company
intends to subcontract shall not be subject to disciplinary action or
otherwise responsible for an act or omission in the performance of
the work that the consumer directly contracts with another registered
company , person, or entity to perform, as permitted by
this section. All home solicitation contracts shall comply with
Chapter 2 (commencing with Section 1688) of Title 5 of Part 2 of
Division 3 of the Civil Code.
SEC. 13. Section 8518 of the Business
and Professions Code is amended to read:
8518. (a) When a registered company
completes work under a contract, it shall prepare, on a form
prescribed by the board, a notice of work completed and not
completed, and shall furnish that notice to the owner of the property
or the owner's agent within 10 working
business days after completing the work. The notice shall
include a statement of the cost of the completed work and estimated
cost of work not completed.
The
(b) The address of each property
inspected or upon which work was completed shall be reported on a
form prescribed by the board and shall be filed with the board no
later than 10 working business days
after completed work.
Every
(c) A filing fee shall be assessed
pursuant to Section 8674 for every property upon
which work is completed shall be assessed a filing fee
pursuant to Section 8674. completed.
Failure
(d) Failure of a registered
company to report and file with the board the address of any property
upon which work was completed pursuant to subdivision (b) of Section
8516 or Section 8518 is grounds for disciplinary action and shall
subject the registered company to a fine of not more than two
thousand five hundred dollars ($2,500).
The
(e) The registered company shall
retain for three years all original notices of work completed, work
not completed, and activity forms.
Notices
(f) Notices of work completed and
not completed shall be made available for inspection and
reproduction to the executive officer of the board or his or her duly
authorized representative during business hours. Original notices of
work completed or not completed or copies thereof shall be submitted
to the board upon request within two business days.
SECTION 1. SEC. 14. Section 8520 of
the Business and Professions Code is amended to read:
8520. (a) There is in the Department of Consumer Affairs a
Structural Pest Control Board, which consists of seven members.
(b) Subject to the jurisdiction conferred upon the director by
Division 1 (commencing with Section 100), the board is vested with
the power to and shall administer the provisions of this chapter.
(c) It is the intent of the Legislature that consumer protection
is the primary mission of the board.
(d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date. Notwithstanding any other law, the repeal of this section
renders the board subject to review by the appropriate policy
committees of the Legislature.
SEC. 2. SEC. 15. Section 8528 of the
Business and Professions Code is amended to read:
8528. (a) With the approval of the director, the board shall
appoint a registrar, fix his or her compensation, and prescribe his
or her duties.
(b) The registrar is the executive officer and secretary of the
board.
(c) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 16. Section 8551.5 of the Business
and Professions Code is amended to read:
8551.5. No Except as provided in this
chapter, an unlicensed individual in the employ of a registered
company shall not apply any pesticide,
rodenticide, or allied chemicals or substances for the purpose of
eliminating, exterminating, controlling, or preventing infestation or
infections of pests, or organisms pesticides
included in Branch 2 or Branch 3. However, an individual may, for
30 90 days from the date of employment,
apply pesticides, rodenticides, or allied chemicals or
substances pesticides for the purposes of
training under the direct supervision of a licensed field
representative or operator employed by the company. This direct
supervision means in the presence of the licensed field
representative or operator at all times. The 30-day
90-day time period may not be extended.
SEC. 17. Section 8560 of the Business
and Professions Code is amended to read:
8560. (a) Licenses issued to operators, field representatives, or
applicators shall be limited to the branch or branches of pest
control for which the applicant has qualified by application and
examination.
For
(b) For the purpose of delimiting
the type and character of work authorized by the various branch
licenses, the practice of pest control is classified into the
following branches:
Branch
(1) Branch 1. Fumigation. The
practice relating to the control of household and wood-destroying
pests or organisms by fumigation with poisonous or lethal gases.
Branch
(2) Branch 2. General pest. The
practice relating to the control of household pests, excluding
fumigation with poisonous or lethal gases.
Branch
(3) Branch 3. Termite. The
practice relating to the control of wood-destroying pests or
organisms by the use of insecticides, or structural repairs and
corrections, excluding fumigation with poisonous or lethal gases.
(b)
(c) The board may issue a license for a combination of
two or more branches for which an applicant qualifies under the
provisions of this chapter, and the combination license shall be
considered one license.
(c)
(d) Unless otherwise authorized by the board, all
written examinations shall be in ink in
books supplied by the board. All examination
papers examinations shall be kept for a period
of one year, upon the expiration of which these papers
records may be destroyed on order of the board.
Each applicant for license as an operator or a field representative
shall be designated by a number instead of by name, and the identity
thereof shall not be disclosed until the examination papers
examinations are graded. No
A person shall not be admitted to the
examination room except members of the board, the examining
personnel, and the applicants for license.
applicants.
(d)
(e) The board shall make rules and regulations for the
purpose of securing fair, impartial, and proper examinations.
(e)
(f) Licensees may be licensed in other branches upon
complying with the requirements for qualification and by examination
in those other branches. No A failure
of the licensee to pass examination in the other branch or branches
shall not have any effect on existing licenses.
(f)
(g) The examination shall be in each of the subjects
specified in the branch or branches relating to the respective
applications. A license according to the applications shall be
granted to any applicant who shall make a general average of not less
than 70 percent on each of the subjects of the branch or branches.
SEC. 18. Section 8562 of the Business
and Professions Code is amended to read:
8562. (a) To obtain an original operator's
license, an applicant shall submit to the registrar an application
in writing containing the statement that the
applicant desires the issuance of an operator's license under the
terms of this chapter.
The
(b) The application shall be made
on forms prescribed by the board and issued by the registrar in
accordance with rules and regulations adopted by the board, and shall
contain the following:
(a)
(1) The name of the applicant.
(b)
(2) Proof satisfactory to the board that the applicant
has had actual experience for a period of not less than the time
specified opposite the branches of pest control listed below in the
employ of a registered company in the State of California in the
particular branch or branches of pest control for which the applicant
desires to be licensed, or the equivalent of that experience:
Branch 1..................... 2 years
Branch 2..................... 2 years
Branch 3..................... 4 years
For
(c) For the purpose of this
subdivision one year shall equal 1,600 hours of actual experience in
the field.
(c)
(d) A designation of the branch or branches for which
the application is made.
(d)
(e) The fees prescribed by this chapter.
(e)
(f) No operator's license shall be issued to an
individual under 18 years of age.
(f)
(g) Effective January 1, 1993, an operator's license
shall not be issued to an individual unless that individual has been
licensed as a field representative in the branch in which the
individual has applied for an operator's license for a period of at
least one year, in the case of Branches 1 and 2, or for a period of
at least two years for Branch 3, or has demonstrated to the
satisfaction of the board that he or she has the equivalent of that
training and experience.
SEC. 19. Section 8564 of the Business
and Professions Code is amended to read:
8564. (a) To obtain an original field
representative's license, an applicant shall submit to the registrar
an application in writing containing a statement
that the applicant desires the issuance of a field representative's
license under the terms of this chapter.
The
(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:
(a)
(1) The length of time during which the applicant has
engaged in any work relating to pest control.
(b)
(2) The name and place of business of the person who
last employed him or her.
(c)
(3) The name of the person by whom the applicant is
employed.
(d)
(4) The name of the registered company by which the
applicant is to be employed.
(e)
(5) The fees prescribed by this chapter.
The
(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.
The
(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.
The
(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.
SEC. 20. Section 8564.6 of the Business
and Professions Code is amended to read:
8564.6. (a) To obtain an original
applicator's license, an applicant shall submit to the registrar an
application in writing containing a statement that
the applicant requests the issuance of an applicator's license under
the terms of this chapter.
The
(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:
(a)
(1) The name of the registered company by which the
applicant is to be employed.
(b)
(2) The fee prescribed by this chapter.
SEC. 21. Section 8565 of the Business
and Professions Code is amended to read:
8565. The board shall ascertain by written
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, writing, and
spelling. 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) Poisonous and other dangerous chemicals
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.
SEC. 22. Section 8565.6 of the Business
and Professions Code is repealed.
8565.6. An applicant for a Branch 2 license may elect to be
certified in the handling, control, and techniques of removal of
Africanized honey bees. The board shall develop a program to certify
applicants in this specialty, or may approve a program for
certification developed by the Pest Control Operators of California.
SEC. 23. Section 8566 of the Business
and Professions Code is amended to read:
8566. The board shall ascertain by written
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) Poisonous and other dangerous chemicals
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.
SEC. 24. Section 8567 of the Business
and Professions Code is amended to read:
8567. 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
in writing, on a form prescribed by the board and issued by
the registrar in accordance with rules and regulations adopted by
the board. Whereupon the The registrar
shall register the change in his or her records.
SEC. 25. Section 8590 of the Business
and Professions Code is amended to read:
8590. (a) Except as otherwise provided
herein, all operator's and an operator's,
field representative's , and applicator's licenses
shall expire at 12 midnight on June 30 of every
the third year and all applicator's licenses
shall expire at 12 midnight three years from the date of
issue.
An
(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.
Every operator and every field representative
(c) An operator, field representative,
and applicator shall pay a fee for the renewal of his or her
license.
The
(d) The board shall on or before
the first day of June of each year mail to each operator and
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.
In
(e) In no case shall the penalty
be waived.
Upon
(f) Upon the receipt of the fee
the board shall cause the renewal certificate to be issued.
SEC. 26. Section 8590.1 of the Business
and Professions Code is repealed.
8590.1. All applicator's licenses shall expire at 12 midnight
three years from the date of issue. Every applicator shall pay a fee
for the renewal of his or her license.
The board shall, on or before 60 days prior to the expiration of
an applicator's license, mail to the applicator whose license will
expire, 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 the due date, a penalty will be added thereto. In no case
shall the penalty be waived. Upon the receipt of the fee, the board
shall cause the renewal certificate to be issued.
SEC. 27. Section 8593.1 of the Business
and Professions Code is amended to read:
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 written
applicator's examination for renewal of a license given by
the board.
SEC. 28. Section 8612 of the Business
and Professions Code is amended to read:
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.
When
(b) When a registered company
opens a branch office it shall notify the registrar in
writing 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.
SEC. 29. Section 8613 of the Business
and Professions Code is amended to read:
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, or its bond or insurance shall
notify the registrar in writing of such on a
form prescribed by the board of that change within 30 days
thereafter. A fee for filing such those
changes shall be charged in accordance with Section 8674.
SEC. 30. Section 8617 of the Business
and Professions Code is amended to read:
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) A licensee who passes a course pursuant to this section shall
not be awarded continuing education credit for that course.
(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.
A
(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.
If
(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.
(d)
(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.
(e)
(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.
(f)
(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.
Where
(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.
Where
(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.
Where
(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.
(g)
(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.
(h) Where
(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), (d), (f), and (e)
(g) includes the board's registrar.
(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 of the Attorney General, the
action shall be commenced within one year of that submission.
SEC. 31. Section 8622 of the Business
and Professions Code is amended to read:
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
such 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.
The
(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.
Where If a hearing is not requested
pursuant to this section, payment of any assessment shall not
constitute an admission of any noncompliance charged.
SEC. 32. Section 8643 of the Business
and Professions Code is amended to read:
8643. The negligent handling or use of any poisonous
exterminating agent pesticide is a ground for
disciplinary action.
SEC. 33. Section 8647 of the Business
and Professions Code is amended to read:
8647. Failure to comply in the sale or use of
insecticides pesticides with the provisions of
Chapter 2 (commencing with Section 12751) of Division 7 of the Food
and Agricultural Code is a ground for disciplinary action.
SEC. 34. Section 8651 of the Business
and Professions Code is amended to read:
8651. The performing or soliciting of structural pest control
work, the inspecting for structural or household pests, or the
applying of any pesticide, chemical, or allied substance
pesticide for the purpose of eliminating,
exterminating, controlling, or preventing structural or
household pests in branches of pest control other than those
for which the operator, field representative, or applicator is
licensed or the company is registered is a ground for disciplinary
action.
SEC. 35. Section 8660 of the Business
and Professions Code is amended to read:
8660. A disciplinary review committee consisting of three members
shall be established for the purposes of reviewing appeals of orders
issued pursuant to Section 8617. The committee shall be made up of
one member representing the Director of Food and Agriculture
Pesticide Regulation and one member
representing the board. The third member shall be a licensed pest
control operator actively involved in the business of pest control
and shall be selected by agreement of the other members.
SEC. 36. Section 8672.1 is added to the
Business and Professions Code , to read:
8672.1. (a) As used in this chapter, "original applicator's
license" means an applicator's license issued for an individual who
did not have a license on the preceding June 30.
(b) For the purposes of this chapter, a renewal of an applicator's
license means an applicator's license issued to an individual who
had an applicator's license on June 30 of the preceding renewal
period.
SEC. 37. Section 8673 of the Business
and Professions Code is amended to read:
8673. License fees shall not be prorated unless an individual
licensed as an operator and operator, a
field representative , or an applicator requests an
earlier expiration date of one of the licenses in accordance with
Section 8590. All license and registration fees shall be paid in
advance of the issuance of the license or registration, and all
examination fees shall be paid in advance of the examination.