SECTIONS 8520-8536 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 8520-8536

8520. (a) There is in the Department of Pesticide Regulation a
Structural Pest Control Board, which consists of seven members.
(b) Subject to the jurisdiction conferred upon the director by
Division 6 (commencing with Section 11401) of the Food and
Agricultural Code, 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,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.The repeal of this section renders the board subject to the
review required by Division 1.2 (commencing with Section 473).

8520.1. Protection of the public shall be the highest priority for
the Structural Pest Control Board in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.

8520.2. (a) The Structural Pest Control Board is hereby transferred
from the jurisdiction of the Department of Consumer Affairs and
placed under the jurisdiction of the Department of Pesticide
Regulation.
(b) The registrar of the board under the jurisdiction of the
Department of Consumer Affairs shall remain as the registrar of the
board under the jurisdiction of the Department of Pesticide
Regulation.
(c) The members appointed to the board while under the
jurisdiction of the Department of Consumer Affairs shall remain as
members of the board under the jurisdiction of the Department of
Pesticide Regulation.
(d) All employees of the board under the jurisdiction of the
Department of Consumer Affairs are hereby transferred to the board
under the jurisdiction of the Department of Pesticide Regulation.
(e) The duties, powers, purposes, responsibilities, and
jurisdictions of the board under the jurisdiction of the Department
of Consumer Affairs shall remain with the board under the
jurisdiction of the Department of Pesticide Regulation.
(f) For the performance of the duties and the exercise of the
powers vested in the board under this chapter, the board shall have
possession and control of all records, papers, offices, equipment,
supplies, or other property, real or personal, held for the benefit
or use by the board formerly within the jurisdiction of the
Department of Consumer Affairs.
(g) Any reference to the board in this chapter or in any other
provision of law or regulation shall be construed as a reference to
the board under the jurisdiction of the Department of Pesticide
Regulation.

8521. The board is composed of seven members, three of whom shall
be, and shall have been for a period of not less than five years
preceding the date of their appointment, operators licensed under
this chapter actively engaged in the business of pest control and who
are residents of this state, and four public members who shall not
be licentiates of the board.

8522. (a) Members of the board shall be appointed for a term of
four years, subject to removal by the appointing power at his or her
pleasure.
(b) Vacancies shall be filled by the appointing power for the
unexpired term.
(c) Each member shall hold office until the appointment of his or
her successor not to exceed one year from the expiration of the term
for which he or she was appointed. No person shall serve as a member
of the board for more than two consecutive terms.
(d) Each appointment shall be for a four-year term expiring four
years after either the date of the appointment or the date a previous
term expired.
(e) From the nominations received pursuant to subdivision (f), the
Governor shall appoint two of the public members and the three
licensed members qualified as provided in Section 8521. The Senate
Committee on Rules and the Speaker of the Assembly shall each appoint
a public member, and their initial appointment shall be made to
fill, respectively, the first and second public member vacancies that
occur on or after January 1, 1983.
(f) (1) At least 60 days prior to the appointment by the Governor
of a public member or licensed member to the board, the director
shall solicit nominations to the board from interested parties by
mailing them a notice and by posting a notice on the department's
Internet Web site. Interested parties include, but are not limited
to, members or representatives from the structural pest control
industry and organizations representing consumer, environmental, and
real estate interests.
(2) All nominations shall be made in writing and shall include (A)
the name and address of each nominee, (B) if an operator, his or her
license number, and (C) the name, address, and affiliation, if any,
of the nominator.
(3) The nominations shall be mailed to the director and shall be
made available to the Governor and the director.

8523. The board shall organize and elect a president who shall
serve for one year.
The board shall meet annually during the month of October.
Special meetings may be called at any time by the president or by
any three members of the board, upon notice for such time and in such
manner as the board may provide.

8524. Four members of the board shall constitute a quorum for the
transaction of business, for the performance of any duty, or the
exercise of any power or authority of the board.
A vacancy on the board shall not impair the power of the remaining
members to perform all duties and exercise all powers of the board
providing the members remaining constitute a quorum.

8525. The board, subject to the approval of the director, may, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, adopt, amend,
repeal, and enforce reasonably necessary rules and regulations
relating to the practice of pest control and its various branches as
established by Section 8560 and the administration of this chapter.

8526. Each member of the board shall receive a per diem and
expenses as provided in Section 103.

8527. The board shall adopt and use a seal. The seal shall have the
words "Structural Pest Control Board, State of California," and such
other devices as the board may desire, engrossed thereon. The
registrar shall have the care and custody of the seal.

8528. With the approval of the director, the board shall appoint a
registrar, fix his or her compensation, and prescribe his or her
duties.
The registrar is the executive officer and secretary of the board.
This section shall remain in effect only until January 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.

8529. The registrar, with the approval of the board and of the
director, and subject to the State Civil Service Act, may appoint and
fix the compensation of such other assistants as may be necessary.

8530. The board, with the approval of the director, may establish
the main office of the board, and branch offices of the board in any
city of this State.

8531. The registrar shall keep a complete record of the board's
actions, and shall maintain at the office of the board a complete
index record of all applications for licenses and registrations
issued, licenses renewed, and all revocations, cancellations, and
suspensions of licenses and registrations.

8531.5. The board shall prepare minutes of its annual meeting and
any special meetings, which shall be permanently maintained at the
office of the registrar.

8532. Copies of all records and papers in the office of the board,
certified by the registrar under the seal of the board shall be
received in evidence in all courts of this State in all cases equally
and with like effect as the originals of such papers and records.

8533. Whenever funds are available for the purpose, the registrar,
at the discretion of the board, may publish, or cause to be
published, a roster of the individuals licensed and companies
registered under the provisions of this chapter. A copy of such
roster may be furnished to registered companies and such state
agencies as the registrar may select, at such intervals as he or she
deems necessary. Copies of the roster may be sold at a price fixed by
the board.

8534. Whenever funds are available for the purpose, the registrar,
at the direction of the board, may publish and disseminate to
individuals licensed and companies registered under this chapter and
to public officials and other persons interested in the practice of
pest control, such information relative to the administration and
enforcement of this chapter as the board deems necessary to carry out
its purposes.

8535. The registrar, and any member of the board, may administer
oaths for the purpose of administering this chapter.

8536. No manufacturer, his or her agents or employees, nor any
person who is a consultant of or connected with any manufacturer,
shall be appointed to the board.