SECTIONS 11931-11940 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 11931-11940

11931. As used in this article:
(a) "Judgment" means a final judgment of any court of competent
jurisdiction in this or any other state, or of the United States,
against a person as defendant upon a cause of action which arises out
of any pest control operation.
(b) "Operator" means any person that is required to be licensed
pursuant to this division who is authorized to apply any pest control
material or substance by dusting, spraying, or any other manner
whereby such material or substance is applied through the medium of
aircraft.
(c) "Pest control operation" means the application of any pest
control material or substance by an operator.

11932. For the purposes of this article:
(a) A judgment is satisfied when twenty-five thousand dollars
($25,000) has been credited upon any judgment in excess of that
amount which arises out of any one accident or occurrence.
(b) A deposit of bond or other obligation for the payment of which
the full faith and credit of the United States or of this state is
pledged is considered a deposit of money.

11933. The director shall suspend the license of any operator upon
receiving a copy of a judgment and a certificate of facts relative to
such judgment, upon a form that is provided by the director, which
indicate that the operator has not for a period of 30 days satisfied
a final judgment rendered against him.

11934. The suspension shall remain in effect and no license shall
be issued to the operator unless and until the judgment is satisfied,
or the operator submits to the director proof of his financial
ability to respond in damages pursuant to the judgment.

11935. Proof of such financial responsibility may be made by
furnishing security in an amount not less than twenty-five thousand
dollars ($25,000). The security may consist of any of the following:
(a) A surety bond in favor of any person that may suffer damage by
reason of any pest control operation by the operator which is
executed by an admitted surety insurer.
(b) An insurance policy which insures the operator against
liability for damages pursuant to the judgment.

11936. If the security which is required by Section 11934 is
diminished in amount by reason of any recovery against it, the
security shall be replenished so that it amounts to not less than
twenty-five thousand dollars ($25,000).

11937. Upon the expiration of 30 days after any judgment becomes
final, which is not stayed or satisfied in any action which results
in a judgment for damages, the clerk of a court shall forward to the
director a certified copy of the judgment or a certified copy of the
register of actions, and a certificate of facts relative to the
judgment, on a form which is provided by the director.

11938. Any person whose license has been suspended, is about to be
suspended, or becomes subject to suspension pursuant to this article,
may relieve himself from the suspension by filing with the director
an affidavit which states all of following:
(a) That at the time of the incident upon which the judgment was
rendered he was insured.
(b) That the insurer is liable to pay the judgment.
(c) The reason, if known, why the insurance company has not paid
the judgment.

11939. The person that files the affidavit pursuant to Section
11938 shall also file the original policy of insurance or a certified
copy of the policy, if available, and such other documents as the
director may require to show that the loss, injury, or damage for
which the judgment was rendered, was covered by the policy of
insurance.

11940. If the director is satisfied from the papers which are filed
pursuant to Sections 11938 and 11939 that the insurer was authorized
to issue the policy of insurance in this state at the time of
issuing the policy and that the insurer is liable to pay the
judgment, at least to the extent and for the amounts which are
provided in this article, the director shall not suspend the license
or, if the license has already been suspended, he shall reinstate it.