SECTIONS 12201-12206 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 12201-12206

12201. An application for a qualified applicator license shall be
in a form prescribed by the director. Each application shall state
the name and address of the applicant specified on the application
and any other information required by the director. The application
shall be accompanied by a fee as prescribed by the director pursuant
to Section 11502.5.

12201.1. It is unlawful for any person to act in a supervisory
capacity or position for a pest control business, except a business
licensed only in the maintenance gardener category pursuant to
Section 11705, unless the person has a qualified applicator license.

12202. (a) All licenses issued pursuant to this chapter expire on
December 31 of the year for which they are issued. Licenses may be
renewed annually by the date of expiration through application in a
form prescribed by the director and upon payment of a fee as
prescribed by the director pursuant to Section 11502.5.
(b) A penalty as prescribed by the director pursuant to Section
11502.5 shall be assessed against any applicant who applies for
renewal after the expiration date.

12203. (a) Applicants shall be examined on the requirements of laws
and regulations concerning pesticide use and shall elect to be
examined for licensing in one or more of the following categories:
(1) Residential, industrial, and institutional pest control.
(2) Landscape maintenance pest control.
(3) Right-of-way pest control.
(4) Agricultural pest control.
(5) Forest pest control.
(6) Aquatic pest control.
(7) Regulatory pest control.
(8) Seed treatment.
(9) Agricultural pest control-animal.
(10) Demonstration and research.
(11) Health-related pest control.
(b) In addition to being licensed in one or more of the categories
in subdivision (a), an applicant for licensing may elect to be
trained in the handling, control, and techniques of removal of
Africanized honey bees.
(c) The director may develop a training program that covers the
handling, control, and techniques of removal of Africanized honey
bees or may approve a training program developed by the Pest Control
Operators of California or any other equivalent training program,
subject to the following requirements:
(1) A certificate of training shall be presented by the training
provider to the applicant upon completion of the approved training
program.
(2) Providers of approved Africanized honey bee training shall
submit to the director a listing of those persons who have completed
the training, including, but not limited to, the following
information:
(A) The full name of each person who has completed the training.
(B) The license or certificate number of each person who has
completed the training, if the person trained is licensed by the
Department of Pesticide Regulation.
(3) The providers of approved Africanized honey bee training shall
maintain a record for three years of the individuals who have
completed the training.

12203.1. The director may designate subcategories within the
categories listed in Section 12203 as the director determines to be
necessary.

12204. The director shall issue to each applicant who satisfies the
requirements of this chapter a qualified applicator license.

12205. A qualified applicator license may be refused, revoked, or
suspended by the director, after a hearing, for any of the following:
(a) Failure to comply with this division or Division 7 (commencing
with Section 12501) or regulations adopted pursuant to these
divisions.
(b) Making any false or fraudulent record or report.
(c) Failure to ensure that the responsibilities of the pest
control business specified in regulations are carried out.
(d) Failure to supervise operations, activities, and employees of
the pest control business in a manner that ensures compliance with
this division and Division 7 (commencing with Section 12501)
pertaining to pesticides.

12206. Notwithstanding Section 12205, if the director finds on the
basis of affidavits submitted to the director by the enforcement
personnel specified in Section 11501.5, or by injured parties, that
continuance of the license endangers public welfare or safety, the
director may, pending a hearing, suspend or place conditions on the
license of any qualified applicator. The director may terminate the
suspension of, or any condition placed upon, a license upon the
taking of corrective action by the qualified applicator that the
director determines satisfactory to assure compliance with statutes
and regulations. In that event, the matter may proceed to hearing as
though the license had not been suspended or the conditions placed
upon it.