SECTIONS 8620-8666 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 8620-8666

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.

8621. All complaints against licensees or registered companies
shall be filed with the board within two years after the act or
omission alleged as the ground for disciplinary action or, in the
case of fraud, within four years after commission of the fraudulent
act or omission. The board shall file any accusation within one year
after the complaint has been filed with the board, except that with
respect to an accusation alleging a violation of Section 8637, the
accusation may be filed within two years after the discovery by the
board of the alleged facts constituting the fraud or
misrepresentation prohibited by the section.

8622. 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 property into
compliance, 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 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 a hearing is not requested
pursuant to this section, payment of any assessment shall not
constitute an admission of any noncompliance charged.

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 if the applicant makes a written request to
the board for a copy, specifying an address to which it is to be
sent.
(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.

8624. If the board suspends or revokes an operator's license and
one or more branch offices are registered under the name of the
operator, the suspension or revocation may be applied to each branch
office.
If the operator is the qualifying manager, a partner, responsible
officer, or owner of a registered structural pest control company,
the suspension or revocation may be applied to the company
registration.
The performance by any partnership, corporation, firm,
association, or registered company of any act or omission
constituting a cause for disciplinary action, likewise constitutes a
cause for disciplinary action against any licensee who, at the time
the act or omission occurred, was the qualifying manager, a partner,
responsible officer, or owner of the partnership, corporation, firm,
association, or registered company whether or not he or she had
knowledge of, or participated in, the prohibited act or omission.

8625. The lapsing or suspension of a license or company
registration by operation of law or by order or decision of the board
or a court of law, or the voluntary surrender of a license or
company registration shall not deprive the board of jurisdiction to
proceed with any investigation of or action or disciplinary
proceeding against such licensee or company, or to render a decision
suspending or revoking such license or registration.

8632. The suspension or revocation of a license or a company
registration as in this chapter provided may also be ordered in any
action otherwise proper in any court involving the licensee's or a
company's performance of a legal obligation as a licensee or
registrant under this chapter.

8635. Departure from, or disregard of, plans or specifications in
the performance of structural pest control work in any material
respect, without consent of the owner or his duly authorized
representative, is a ground for disciplinary action.

8636. Disregard and violation of the buildings laws of the state,
or of any of its political subdivisions, or of the safety laws, labor
laws, health laws, or compensation insurance laws of the state
relating to the practice of structural pest control is a ground for
disciplinary action.

8637. Misrepresentation of a material fact by the applicant in
obtaining a license or company registration is a ground for
disciplinary action.

8638. Failure on the part of a registered company to complete any
operation or construction repairs for the price stated in the
contract for such operation or construction repairs or in any
modification of such contract is a ground for disciplinary action.

8639. Aiding or abetting an unlicensed individual or unregistered
company to evade the provisions of this chapter or knowingly
combining or conspiring with an unlicensed individual or unregistered
company, or allowing one's license or company registration to be
used by an unlicensed individual or unregistered company, or acting
as agent or partner or associate, or otherwise, of an unlicensed
individual or unregistered company to evade the provisions of this
chapter is a ground for disciplinary action.

8640. Payment, or the offer to pay, by any licensee or registered
company to any party to a real estate transaction of any commission,
bonus, rebate, or other thing of value as compensation or inducement
for the referral to such licensee or registered company of pest
control work arising out of such transaction is a ground for
disciplinary action.

8641. Failure to comply with the provisions of this chapter, or any
rule or regulation adopted by the board, or the furnishing of a
report of inspection without the making of a bona fide inspection of
the premises for wood-destroying pests or organisms, or furnishing a
notice of work completed prior to the completion of the work
specified in the contract, is a ground for disciplinary action.

8642. The commission of any grossly negligent or fraudulent act by
the licensee as a pest control operator, field representative, or
applicator or by a registered company is a ground for disciplinary
action.

8643. The negligent handling or use of any poisonous exterminating
agent is a ground for disciplinary action.

8644. Fraud or misrepresentation, after inspection, by any licensee
or registered company engaged in pest control work of any
infestation or infection of wood-destroying pests or organisms found
in property or structures, or respecting any conditions of the
structure that would ordinarily subject structures to attack by
wood-destroying pests or organisms, whether or not a report was made
pursuant to Sections 8516 and 8517 of this code, is a ground for
disciplinary action.

8645. Impersonation of any state, county or city inspector or
official is a ground for disciplinary action.

8646. Disregard and violation of pesticide use and application,
structural pest control device, fumigation, or extermination laws of
the state or of any of its political subdivisions, or regulations
adopted pursuant to those laws, is a ground for disciplinary action.

8646.5. A notice of noncompliance shall be issued to a licensee or
registered company whenever an authorized representative of the board
finds that a pesticide application, fumigation or extermination
procedure being performed by the licensee or registered company is
not in compliance with applicable laws, rules, or regulations. Upon
receiving such notice, the licensee or registered company shall
discontinue such pest control work until the procedure is brought
into compliance. Failure to discontinue after receiving a notice of
noncompliance is a ground for disciplinary action.

8647. Failure to comply in the sale or use of insecticides 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.

8648. Authorizing, directing, conniving at or aiding in the
publication, advertisement, distribution or circulation of any
material by false statement or representation concerning a registered
company's business is a ground for disciplinary action.

8649. Conviction of a crime substantially related to the
qualifications, functions, and duties of a structural pest control
operator, field representative, applicator, or registered company is
a ground for disciplinary action. The certified record of conviction
shall be conclusive evidence thereof.

8650. Acting in the capacity of a licensee or registered company
under any of the licenses or registrations issued hereunder except:
(a) In the name of the licensee or registered company as set forth
upon the license or registration, or
(b) At the address and location or place or places of business as
licensed or registered or as later changed as provided in this
chapter is a ground for disciplinary action.

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 for the purpose of
eliminating, exterminating, controlling, or preventing structural
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.

8652. Failure of a registered company to make and keep all
inspection reports, field notes, contracts, documents, notices of
work completed, and records, other than financial records, for a
period of not less than three years after completion of any work or
operation for the control of structural pests or organisms, is a
ground for disciplinary action. These records shall be made available
to the executive officer of the board or his or her duly authorized
representative during business hours.

8653. The failure of any registered company or agent or officer
thereof, to pay any moneys due for any materials or services rendered
in connection with its operations as a registered pest control
company, when it has the ability to pay or when it has received
sufficient funds therefor as payment for the particular pest control
work, project, or operation for which the services or materials were
rendered or purchased, is a ground for disciplinary action, as is the
false denial of any such indebtedness or of the validity of the
claim thereof with intent to secure for itself, or other person any
discount upon such indebtedness or with intent to hinder, delay, or
defraud the person to whom such indebtedness is due.

8654. Any individual who has been denied a license for any of the
reasons specified in Section 8568, or who has had his or her license
revoked, or whose license is under suspension, or who has failed to
renew his or her license while it was under suspension, or who has
been a member, officer, director, associate, qualifying manager, or
responsible managing employee of any partnership, corporation, firm,
or association whose application for a company registration has been
denied for any of the reasons specified in Section 8568, or whose
company registration has been revoked as a result of disciplinary
action, or whose company registration is under suspension, and while
acting as such member, officer, director, associate, qualifying
manager, or responsible managing employee had knowledge of or
participated in any of the prohibited acts for which the license or
registration was denied, suspended or revoked, shall be prohibited
from serving as an officer, director, associate, partner, qualifying
manager, or responsible managing employee of a registered company,
and the employment, election or association of such person by a
registered company is a ground for disciplinary action.

8655. A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge substantially related to the
qualifications, functions, and duties of a structural pest control
operator, field representative, applicator, or registered company is
deemed to be a conviction within the meaning of this article or
Section 8568 of this chapter. The board may order the license or
registration suspended or revoked, or may decline to issue a license,
when the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal or when an order granting probation is
made suspending the imposition of sentence, irrespective of a
subsequent order under the provisions of Section 1203.4 of the Penal
Code allowing the individual or registered company to withdraw a plea
of guilty and to enter a plea of not guilty, or setting aside the
verdict of guilty, or dismissing the accusation, information or
indictment.

8656. In addition to the remedies provided for in Section 125.9,
when the licensee who is a registered company has failed to pay the
fine assessed pursuant to a citation within 30 days of the date of
assessment, unless the citation is being appealed, the board shall
not sell to the registered company any pesticide use stamps until the
assessed fine has been paid.

8657. The appointment of a receiver of the property of a licensee
or registered company as provided in Chapter 5 (commencing with
Section 564) of Title 7 of Part 2 of the Code of Civil Procedure, or
the making of an assignment for the benefit of creditors, constitutes
a cause for disciplinary action.
If a license or registration is suspended or revoked upon the
grounds set forth in this section, the registrar in his or her
discretion may renew or reissue such license upon the condition that
each contract undertaken by the licensee or registered company be
separately covered by a bond or bonds conditioned upon the
performance of, and the payment of labor and material required by,
the contract.

8658. The board may bring an action to enjoin the violation of any
provision of this chapter in any superior court in and for the county
in which the violation has occurred. Any such action shall conform
to the requirements of Chapter 3 (commencing with Section 525) of
Title 7 of Part 2 of the Code of Civil Procedure, except that the
board shall not be required to allege facts necessary to show or
tending to show lack of an adequate remedy at law or irreparable
damage or loss. The action shall be brought in the name of the people
of the State of California.

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 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.

8662. (a) Whenever the right of a structural pest control licensee
or registered company to make pesticide applications is to be
suspended or the licensee, registered company, or unlicensed
individual is to be fined pursuant to Section 8617, and if the person
upon whom the commissioner imposed a fine or suspension requested
and appeared at a hearing before the commissioner in accordance with
Section 8617, the party to be suspended or fined may appeal to the
Disciplinary Review Committee by filing a written appeal with the
committee within 30 days of receipt of the fine or suspension order.
(b) The following procedures shall apply to the appeal:
(1) The appeal shall be in writing and signed by the appellant or
his or her or its authorized agent, state the grounds for the appeal,
and include a copy of the commissioner's decision. The appellant
shall file a copy of the appeal with the commissioner at the same
time it is filed with the committee.
(2) Any party may, at the time of filing the appeal or within 10
days thereafter, or at a later time prescribed by the committee or
its designee, present the record of the hearing, including written
evidence that was submitted at the hearing and written argument to
the committee stating the grounds for affirming, modifying, or
reversing the commissioner's decision.
(3) The committee or its designee may grant oral argument upon
application made at the time written arguments are filed. If an
application to present an oral argument is granted, written notice of
the time and place for the oral argument shall be given each party
at least 10 days before the date set therefor. The times may be
altered by mutual agreement of the appellant, the commissioner, and
the committee.
(4) At any time written evidence is submitted to the committee, a
copy shall be immediately provided to the other party.
(5) The committee shall decide the appeal on the record of the
hearing, including the written evidence and the written argument
described in paragraph (2) that the committee may have received. If
the committee finds substantial evidence in the record to support the
commissioner's decision, the committee shall affirm the decision.
(6) The committee shall render its written decision within 45 days
of the date of appeal or within 15 days from the date of oral
arguments, or as soon thereafter as practical.
(7) On an appeal pursuant to this section, the committee may
sustain, modify by reducing the time of suspension or the amount of
the fine levied, or reverse the decision. A copy of the committee's
decision shall be delivered or mailed to each party.
(8) Review of the decision of the committee may be sought by the
licensee, registered company, or unlicensed individual pursuant to
Section 1094.5 of the Code of Civil Procedure.

8663. (a) This section only applies to work conducted under a
Branch 1 license.
(b) The board or county agricultural commissioners, when acting
pursuant to Section 8616.4, may levy a fine of up to one thousand
dollars ($1,000) against a registered company acting as a prime
contractor for any major violation committed by any licensee with
whom the prime contractor has subcontracted if, before that violation
occurred, the prime contractor had been notified by certified mail,
return receipt requested, of more than two major violations committed
by the subcontractor within 12 consecutive months.
Fines collected pursuant to this section shall be paid to the
Education and Enforcement Account in the Structural Pest Control
Education and Enforcement Fund.
(c) For purposes of this section, "major violation" means a
violation of any of the following provisions of this code or of the
California Code of Regulations that poses a serious hazard to humans:
(1) A violation of subdivision (a) or (b) of Section 1970.4 of
Title 16 of, or Section 6454 of Title 3 of, the California Code of
Regulations, or a violation of Section 8505.5.
(2) Any violation of the structural pest control law that results
in a serious injury to any person.
(3) A violation of Section 8505.2 or 8505.3, relating to direct
and personal supervision.
(4) A violation of Section 8505.7, relating to vacating and
securing structures.
(5) A violation of subdivision (a) of Section 6780 of Title 3 of
the California Code of Regulations.
(6) A violation of Section 6454 of Title 3 of the California Code
of Regulations.
(7) A violation of Section 8505.12, relating to warning agents.
(8) A violation of Section 8505.9 or 8505.10, relating to warning
signs.
(d) A copy of a notice of violation issued for any violation
committed by a subcontractor shall be sent by certified mail to the
prime contractor by the issuing authority within 15 days from the
date the violation was committed.
(e) Notwithstanding subdivision (b), a prime contractor may be
fined for a subcontractor's first violation for failing to have a
signed factsheet on the premises being treated, or if the
subcontractor fails to provide advance notice of a treatment to the
occupants of the premises being treated.

8664. (a) This section only applies to work conducted under a
Branch 1 license.
(b) Before a fine can be levied pursuant to Section 8663, the
prime contractor shall be provided notice of the nature of the
violation and shall be given an opportunity to be heard, including
the right to review the commissioner's evidence and a right to
present evidence on his or her own behalf.
(c) The prime contractor may appeal the fine to the Disciplinary
Review Committee and shall be subject to the procedures in Section
8662.
(d) If a fine is ordered, it may not take effect until 20 days
after the date of the decision provided that no appeal is filed. If
an appeal is filed pursuant to Section 8662, the order shall be
stayed until 20 days after the committee has ruled on the appeal.
(e) Once final action is taken pursuant to this section, 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 fine order issued pursuant to this section or
Section 8662 shall constitute conclusive evidence of the occurrence
of the violation.

8665. The fact that an applicator is licensed shall not affect any
liability or responsibility for disciplinary action of any operator,
field representative, or registered company that employs or
supervises an applicator.

8666. It shall be unlawful for any licensee under this chapter to
recommend or to perform any pest control corrective work under any
contract or agreement that the licensee knows or has reason to know
is in excess of that required to eliminate the condition for which
the licensee was employed.
A violation of this section is a public offense and is punishable
upon the first conviction by imprisonment in the county jail for not
more than six months, or by a fine not to exceed ten thousand dollars
($10,000), or by both that imprisonment and fine.