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Board Actions
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2006
In a default decision, in the matter of the application for the issuance of a Branch 1 company registration submitted by Baseline Fumigation, Inc. of Pomona, the Board denied the application for a company registration. Respondent's qualifying manager committed acts involving dishonesty, fraud, or deceit with the intent to substantially benefit oneself or another, or substantially injure another. The decision was effective November 9, 2006.
In a default decision, the field representative's license issued to Gregory J. Moreno (FR 30058, Branch 2) of Citrus Heights was revoked. Respondent secured structural pest control work, submitted bids/contracted for and performed pest control work on his own behalf. The decision was effective October 28, 2006.
In a default decision, the operator's license issued to Joe Kus (OPR 8697, Branch 3) of San Jose was revoked. Respondent had been convicted of crimes substantially related to the qualifications, functions or duties of a licensed applicator. The decision was effective October 20, 2006.
In a default decision, in the matter of the application for the issuance of a Branches 2 and 3 applicator's license submitted by Mark Edward Speigel of Chino, the Board denied the application for an applicator's license. Respondent had been convicted of crimes substantially related to the qualifications, functions or duties of a licensed applicator. The decision was effective October 8, 2006.
In a default decision, in the matter of the application for the issuance of a Branches 2 and 3 applicator's license submitted by Jason Wayne Moore of Ontario, the Board denied the application for an applicator's license. Respondent had been convicted of crimes substantially related to the qualifications, functions or duties of a licensed applicator. The decision was effective October 8, 2006.
In a default decision, the field representative's license issued to Curtis Lee Holcomb (FR 25917, Branch 2) of West Sacramento was revoked. Respondent failed to provide proof of continuing education. The decision was effective October 6, 2006.
In a default decision, the company registration certificate held by A Plus Termite Control (PR 1116, Branch 3) and the operator's license issued to Rodney Alan Lambright (OPR 7410, Branch 3) of San Dimas were revoked. Respondent departed from plans and specifications without consent of owner, failed to issue a completion notice and failed to correct items listed in the Report of Findings within 30 days. Respondent falsely represented that corrective work requested was completed and failed to perform repairs in a good and workmanlike manner. The decision was effective October 6, 2006.
In a default decision, the field representative's license issued to Stephen Allen Jepma (FR 9883, Branch 3) of Covina was revoked. Respondent failed to provide proof of continuing education. The decision was effective October 6, 2006.
In a default decision, the company registration certificate held by Arno Offerman Termite & Pest Control (PR 4568, Branch 3) and the operator's license issued to Arno Offerman (OPR 10332, Branch 3) of Rancho Cucamonga were revoked. Respondent failed to provide the "Notice" statement on inspection report and failed to file reports with the Board. Respondent failed to comply with the City of Ontario building laws and failed to complete repairs in a quality and workmanlike manner. The decision was effective October 6, 2006.
In a stipulated settlement, the field representative's license issued to Joseph Ronald Gonzalez (FR 33633, Branch 3) of Oakland was issued a citation. Respondent failed to verify the completion of continuing education hours upon the request of the Board. The decision was effective September 8, 2006.
In a stipulated settlement, the field representative's license issued to Stewart Lee Olsen (FR 30132, Branches 2 and 3) of Buena Park was issued a citation and is to complete a board approved course in Business Ethics within 6 months. Respondent failed to verify the completion of continuing education hours upon the request of the Board. The decision was effective September 3, 2006.
Following a hearing, in the matter of the application for the issuance of a Branch 2 field representative's license submitted by Jason William McDonald of La Puente, the Board granted a probationary field representative's license with a term of two years. Respondent is required to file quarterly reports with the Board. The decision was effective August 26, 2006.
Following a hearing, the field representative's license held by Florentino Gerardo Perez (FR 31187, Branch 1) of Gardena was revoked. Respondent is required to pay $2,500 for investigative costs prior to any reinstatement of the license. Respondent committed fraudulent acts by taking property from clients' premises without the owner's knowledge or consent. The decision was effective August 25, 2006.
Following a hearing, in the matter of the application for the issuance of a Branch 3 field representative's license submitted by Lamich Casey of Canyon Country, the Board granted a field representative's license upon successful completion of the licensure examination and all other licensing requirements. The license will be placed on two years probation and respondent must file quarterly reports. The decision was effective August 25, 2006.
In a stipulated settlement, the operator's license issued to Gary Strumlauf (OPR 9937, Branches 1, 2 and 3) of Alpharetta, Georgia was surrendered and accepted by the Board and shall pay the Board its costs of investigation in the amount of $347.50 prior to issuance of any license. The settlement involved a matter of continuing education. The decision was effective August 25, 2006.
In a stipulated settlement, the field representative's license issued to Joseph Lanning (FR 30672, Branch 2) of Anaheim was surrendered and accepted by the Board and shall pay the Board its costs of investigation in the amount of $1,971.00 prior to issuance of any license. Respondent failed to verify the completion of continuing education hours upon the request of the Board. The decision was effective August 25, 2006.
In a stipulated settlement, the field representative's license issued to Mark Frank Morrow (FR 30862, Branch 2) of Rancho Dominguez was issued a citation and is to complete a Business Ethics course. Respondent failed to verify the completion of continuing education hours upon the request of the Board. The decision was effective August 25, 2006.
Following a hearing, in the matter of the application for the issuance of a Branch 2 and 3 applicator's license submitted by Robert Casco of Los Angeles the Board denied the application for an applicator's license. Respondent had been convicted of crimes substantially related to the qualifications, functions or duties of a licensed applicator. The decision was effective August 24, 2006.
Following a hearing, in the matter of the application for the issuance of a Branch 2 and 3 applicator's license submitted by Mohammed Tariq of Adelanto the Board denied the application for an applicator's license. Respondent had been convicted of crimes substantially related to the qualifications, functions or duties of a licensed applicator. The decision was effective August 24, 2006.
Following a hearing, the field representative's license held by Filomeno R. Bautista (FR 28228, Branch 3) of Anaheim is revoked. Respondent certified that he completed the required continuing education but failed to provide documentation to meet the necessary continuing education requirements. The decision was effective August 24, 2006.
In a stipulated settlement, the field representative's license held by Dana John Gonzales (FR 34577, Branch 2) of Antelope was placed on three years probation. Respondent is required to file quarterly reports, reimburse the Board $1,000 for investigative costs and complete eight hours Rules and Regulations, one hour Branch 2 technical activity, and four hours General activity. Respondent failed to provide documentation to meet the necessary continuing education requirements. The decision was effective August 24, 2006.
In a stipulated settlement, the field representative's license held by Patrick Shawn Davis (FR 26616, Br. 3) of Fresno, was surrendered and accepted by the Board and shall pay the Board its costs of investigation in the amount of $224.00 prior to reinstatement of any license. Respondent failed to verify the completion of continuing education hours upon the request of the Board. The decision was effective August 24, 2006.
In a stipulated settlement, in the matter of the application for the issuance of a Branch 2 and 3 applicator's license submitted by Thomas Jesse DeBolt of Hemet the Board granted an applicator's license and was placed on three years' probation. Respondent is required to file quarterly reports with the Board. Respondent has been convicted of crimes substantially related to the qualifications, functions or duties of a licensee. The decision was effective August 24, 2006.
In a default decision, the field representative's license issued to Kevin Ronald Parker (FR 30389, Branches 2 and 3) of Oakland is revoked. Respondent failed to provide proof of continuing education. The decision was effective August 20, 2006.
2005
In a default decision, the field representative's license issued to Todd Allen Loskot (FR 34020, Branches 2 and 3) of Chico was revoked. Respondent failed to report evidence of a subterranean termite infestation and structural damage of the main structure. Respondent also failed to report an inaccessible area in the substructure crawl space. The decision was effective June 24, 2005.
In a default decision, the operator's license issued to Terry Clyde Kelsey (OPR 8368, Branch 2) of Bryon was revoked. Respondent obtained the renewal of his license by misrepresenting the material fact that he had completed the required hours in continuing education when in fact he had not. The decision was effective June 23, 2005.
In a default decision, the registered applicator's license issued to Michael William Goettig (RA 40069, Branch 3) and field representative's license FR 34916, Branch 2) of San Diego were revoked. Respondent had been convicted of crimes substantially related to the qualifications, functions or duties of a licensee. The decision was effective June 18, 2005.
In a decision after non-adoption, in the matter of the application for the issuance of a Branch 3 operator's license submitted by Frank Vega of Encino, the Board denied the application for an operator's license. Respondent falsely represented that he was employed as a field representative and solicited pest control work under a company without being employed by such company and without holding an active field representative's license. The decision was effective June 16, 2005.
In a decision after non-adoption, the field representative's license issued to Frank Vega (FR 13204, Branch 3) of Encino was placed on three years' probation. Respondent was required to file quarterly reports with the Board, reimburse the Board $8,855.39 for investigative costs, and was prohibited from serving as an officer, director, associate partner, qualifying manager or branch office manager of any registered company during the period that discipline is imposed. Respondent solicited and performed structural pest control work without being employed as a field representative and without holding an active field representative's license for such work. The decision was effective June 16, 2005.
In a default decision, the field representative's license issued to Michael Allen Hodges (FR 32894, Branches 2 and 3) of Morgan Hill was revoked. Respondent certified that he completed the required continuing education but failed to provide documentation to meet the necessary continuing education requirements. The decision was effective June 15, 2005.
Following a hearing, the company registration certificate held by Kelsey's Termite Company, Inc. (PR 1399, Branch 3), operator's license issued to Lance E. Kelsey (OPR 10063, Branch 3), and the applicator's license RA 21276, Branch 2) of Los Angeles were suspended for 60 days and placed on three years' probation. Respondents were required to file quarterly reports with the Board, reimburse the Board $5,325.65 for investigative costs, complete a Board approved course, prohibited from serving as an officer, qualifying manager or branch office manager of any registered company during the period discipline is imposed and post a $6,000 restoration bond. Respondents failed to file a monthly summary usage report with the county department of agriculture, certified that the corrective work recommended on a report had been completed when in fact it was not, and failed to perform repairs to the property in a good and workmanlike manner. Respondents also filed a false mechanic's lien for $12,227. The decision was effective May 16, 2005.
In a stipulated settlement, the company registration certificate held by Packard Termite and Pest Control of Central California (PR 858, Branches 2 and 3) and the operator's license issued to Arnold Wayne Gilder (OPR 7906, Branches 2 and 3) of Los Osos were suspended for five days and placed on three years' probation. Respondents paid a $2,000 civil penalty in lieu of the 5-day suspension. Respondents were required to file quarterly reports with the Board, reimburse the Board $3,000 for investigative costs and complete a Board approved course in Business Ethics. Respondent failed to submit activity statements, failed to remit the required fees and failed to report and file any notice of work completed on various properties. The decision was effective May 15, 2005.
In a stipulated settlement, the company registration certificate held by El Aguila Exterminators (PR 650, Branch 3) and the operator's license issued to Andre L. Beavers (OPR 8916, Branches 2 & 3) of Los Angeles were suspended for 5 days and placed on three years' probation. Respondents paid a $5,000 civil penalty in lieu of the 5-day suspension. Respondents were required to file quarterly reports with the Board, reimburse the Board $4,556.41 for investigative costs and complete a Board approved course in "Rules and Regulations". Respondents failed to comply with the provisions and rules and regulations by not providing the proper certification statement, mechanic's lien statement, pesticide disclosure statement and reinspection disclosure in an inspection report. Respondents also failed to complete the contract for the contract price and furnished a notice of work completed prior to the completion of the work. The decision was effective May 11, 2005.
In a default decision, the registered applicator's license and field representative's license issued to John Taber Holcomb (RA 6359, Branch 3 and FR 24693, Branch 2) of Los Osos were revoked. Respondent failed to follow board requirements by performing, issuing and providing wood destroying pest and organisms inspection reports without a license. The decision was effective May 5, 2005.
In a default decision, the field representative's license issued to Billy Woods Carson (FR 33135, Branch 2) of San Lorenzo was revoked. Respondent certified that he completed the required continuing education but failed to provide documentation to meet the necessary continuing education requirements. The decision was effective April 13, 2005.
Following a hearing, the field representative's license issued to Benjamin Justin Kahner (FR 22668, Branch 3) of Sylmar was revoked. Respondent secured structural pest control work, identified infestations, made inspections and otherwise contracting for work on his own behalf without being properly licensed or having a registration issued by the Board. The decision was effective February 28, 2005.
Following a hearing, the operator's license held by Edward S. Alderette (OPR 9180, Branch 2) of Venice was placed on three years' probation. Respondent was required to file quarterly reports with the Board and reimburse the Board $1,200.50 for investigative costs. Respondent obtained the renewal of his license by misrepresenting the material fact that he had completed the required hours in continuing education when in fact he had not. The decision was effective February 20, 2005.
In a stipulated settlement, the field representative's license issued to Jeffrey James Rocca (FR 27610, Branch 3) of San Francisco was placed on three years' probation. Respondent was suspended until he complied with the education requirements in the decision. After said education requirements were satisfactorily completed, his license was suspended for 10 days or was given the option to pay a civil penalty in the amount of $1,000 in lieu of the 10-day suspension. Respondent was also required to file quarterly reports with the Board and reimburse the Board $1,793.25 for investigative costs. Respondent obtained the renewal of his license by misrepresenting the material fact that he had completed the required hours in continuing education when in fact he had not. The decision was effective February 20, 2005.
Following a hearing, in the matter of the application for the issuance of a Branch 2 field representative's license submitted by Kenneth Perry Anaya of Bakersfield, the Board denied the application for a field representative license. The decision was effective February 18, 2005.
In a stipulated settlement, the field representative's license issued to Enrique Bejar (FR 31986, Branches 2 and 3) of Anaheim was voluntarily surrendered to the Board. Respondent certified that he completed the required continuing education but failed to provide documentation to meet the necessary continuing education requirements. The decision was effective February 18, 2005.
In a stipulated settlement, the company registration certificate held by Acnow Termite and Pest Control, Inc. (PR 1443, Branches 2 and 3) and the operator's license issued to Jim Grinstead (OPR 8184, Branches 2 and 3) of Victorville were placed on three years' probation. Respondents were required to file quarterly reports with the Board, submit proof to the Board of $30,000 restitution to a homeowner, reimburse the Board $5,500 for investigative costs and post a $1,000 restoration bond. Respondents failed to obtain a permit prior to making repairs, failed to report evidence of subterranean termite infestation and damage, failed to report inaccessibility and earth contact/faulty grade. Respondents also failed to report on a form prescribed by the Board, failed to file the reports and failed to include the proper certification statement on the reports. The decision was effective February 18, 2005.
2004
In a default decision, the field representative's license issued to Emiliano Lopez (FR 32172, Branch 2) of Arcadia was revoked. Respondent obtained the renewal of his license by misrepresenting the material fact that he had completed the required hours in continuing education when in fact he had not. The decision was effective December 10, 2004.
In a default decision, the company registration certificate held by K Force Exterminators (PR 3485, Branch 3) of Bell Gardens was revoked. Respondent failed to properly chemically treat the drywood termite and remove and replace dryrot, failed to include proper certificate statement on Notice of Work Completed and Not Completed and misrepresented that the property was free of active infestation when, in fact, it was not. Respondent continued to engage in pest control without a qualifying manager and failed to complete the contract. The decision was effective November 28, 2004.
In the same matter, the field representative's license issued to William Andrew Hernandez (FR-34391, Branch 3) of La Verne was revoked. Respondent failed to report the decay and fungi damage in the garage door facing and trim and in the patio framing. The decision was effective November 28, 2004.
In a decision after reconsideration, the field representative's license issued to Russell V. Alcorn, Jr. (FR 18690, Branches 2 and 3) of Modesto was revoked. Respondent made improper corrective recommendations on a property, and also misrepresented that the faulty grade level had been corrected when, in fact, it had not been corrected. The decision was effective November 20, 2004.
In a stipulated settlement, the company registration certificate held by Southwood Pest Control, Inc. (PR 846, Branches 1 and 3) and the operator's license issued to Donald E. Seaman (OPR 5133, Branches 1 and 3) of Anaheim were placed on three years' probation. Respondents were required to file quarterly reports with the Board, complete a Board approved course in "Fumigation", and is prohibited from serving as an officer, qualifying manager or branch office manager of any registered company during the period discipline is imposed. Respondent is also prohibited from having a legal or beneficial interest in any company currently or hereinafter registered by the Board. Respondents failed to perform work in a careful manner by removing the warning signs prior to the completion of the six-hour aeration period and failing to wait six hours prior to certifying the structure safe for reentry. The decision was effective November 19, 2004.
In the same matter, the field representative's license issued to Blas A. Marquez (FR 29947, Branch 1) of Anaheim was placed on three years' probation. Respondent was required to file quarterly reports with the Board, complete a Board approved course in "Fumigation", and is prohibited from serving as an officer, qualifying manager or branch office manager of any registered company during the period discipline is imposed. Respondent is also prohibited from having a legal or beneficial interest in any company currently or hereinafter registered by the Board. Respondent committed a fraudulent act by falsifying the fumigation log, failed to perform pest control in a careful and effective manner; failed to notify the Board of his employment with respondent Southwood and failed to aerate a residence for a minimum of one hour. The decision was effective November 19, 2004.
In a stipulated settlement, the company registration certificate held by Woody's Termite and Pest Control (PR 3180, Branches 2 & 3) and the operator's license issued to Kevin Woods (OPR 9403, Branches 2 & 3) and the field representative's license (FR 28672, Branch 1) of Lemon Grove were placed on three years' probation. Respondents were required to file quarterly reports with the Board, reimburse the Board $5,483.41 for investigative costs, submit proof to the registrar that restitution in the amount of $8,972.88 had been made to the consumer and post an $1,000 restoration bond. Respondents were also prohibited from serving as an officer, qualifying manager or branch office manager of any registered company during the period discipline is imposed. Respondents failed to notify the County Agricultural Commissioner prior to performing pest control work, and misrepresented the condition of a property by certifying that the property was free from active infestation when, in fact it was not. Respondents also disregarded the plans or specifications without the consent of the homeowner, and failed to perform repairs in a good and workmanlike manner. The decision was effective November 17, 2004.
Following a hearing, the company registration certificate held by Martin Exterminators (PR 1864, Branches 2 and 3) and the operator's license issued to Clinton Martin (OPR 8572, Branches 2 & 3) of Rialto were placed on three years' probation. Respondents were required to file quarterly reports with the Board and reimburse the Board $4,533.38 for investigative costs. Respondents were to submit proof to the registrar that restitution in the amount of $4,030.03 had been made to the consumer and are to complete a Board approved course in Pesticides and Pesticide Identification and Biology. Respondents failed to report to the Board within ten business days upon the commencement of an inspection, re-inspection and completed work. Respondents also failed to report an excessive moisture condition and decay fungi damage. The decision was effective November 14, 2004.
Following a hearing, in the matter of the application for the issuance of a Branch 3 field representative's license submitted by Bill Lawrence Dallmann of Oakley, the Board denied the application for a field representative's license. Respondent had been convicted of crimes substantially related to the qualifications, functions or duties of a licensed field representative. The decision was effective November 14, 2004.
In a stipulated settlement, the operator's license issued to Ronald Martin Vieth (OPR 9223, Branches 2 and 3) of Glendora, was suspended for 30 days and placed on three years' probation. Respondent was required to file quarterly reports with the Board, complete a Board approved course in Rules and Regulations, reimburse the Board $1,500 for investigative costs and post a $3,000 restoration bond. Respondent misrepresented that the property was free of active infestation or infection when in fact it was not. The decision was effective November 14, 2004.
In the same matter, the operator's license issued to Sergio Zamorano (OPR 10565, Branch 3) of Whittier was suspended for 30 days and placed on three years' probation. Respondent was required to file quarterly reports with the Board, complete a Board approved course in Rules and Regulations, reimburse the Board $1,500 for investigative costs and post a $3,000 restoration bond. Respondent failed to supervise the daily business and assist company employees as the qualifying manager. The decision was effective November 14, 2004.
In a stipulated settlement, in the matter of the application for the issuance of a Branch 3 company registration certificate submitted by Lisa Marie Owens and Hector L. Flores of Long Beach, the Board denied the application for a company registration certificate. The decision was effective November 14, 2004.
In a stipulated settlement, the field representative's license issued to Lisa Marie Owens (FR 33629, Branch 3) of Garden Grove, was placed on probation for three years, required to file quarterly reports with the Board, reimburse the Board $2,394.75 for investigative costs and is prohibited from contracting with, employing or having any business affiliation with any person having a revoked license or criminal conviction related to the practice of structural pest control. Respondent misrepresented and fraudulently committed acts in applying for a company registration. The decision was effective November 14, 2004.
In a stipulated settlement, the operator's license issued to Hector L. Flores (OPR 10041, Branch 3) of Long beach, was placed on probation for three years, required to file quarterly reports with the Board, reimburse the Board $2,214.75 for investigative costs and is prohibited from contracting with, employing or having any business affiliation with any person having a revoked license or criminal conviction related to the practice of structural pest control. Respondent misrepresented and fraudulently committed acts in applying for a company registration. The decision was effective November 14, 2004.
In a stipulated settlement, the operator's license issued to Gregory Blaine Traum (OPR 8053, Branch 3) of Laguna Hills was voluntarily surrendered to the Board. Respondent certified that he completed the required continuing education but failed to provide documentation to meet the necessary continuing education requirements. The decision was effective November 14, 2004.
In a default decision, the field representative's license issued to James A. Shaffer (FR 31231, Branch 2) of Rancho Cucamonga was revoked. Respondent certified that he completed the required continuing education but failed to provide documentation to meet the necessary continuing education requirements. The decision became effective November 3, 2004.
In a default decision, the field representative's license issued to John Kilson (FR 27108, Branches 2 and 3) of Carson was revoked. Respondent certified that he completed the required continuing education but failed to provide documentation to meet the necessary continuing education requirements. The decision was effective October 10, 2004.
In a default decision, the field representative's license issued to John Daniel Ivey (FR 12926, Branch 3) of San Pablo was revoked. Respondent certified that he completed the required continuing education but failed to provide documentation to meet the necessary continuing education requirements. The decision was effective September 9, 2004.
Following a hearing, the company registration certificate held by License to Kill, Inc. (PR 4109, Branches 1, 2 and 3) and the operator's license issued to Vincent Anthony Gomez (OPR 9707, Branches 1, 2 and 3) of La Mesa were placed on two years' probation. License to Kill was suspended for 15 days. Gomez was prohibited from serving as a qualifying manager of any other registered company during the time of probation. Respondents were required to file quarterly reports with the Board and reimburse the Board $2,391.00 for investigative costs. Respondents' committed fraudulent acts in that License to Kill's field representative falsified the notice of safe re-entry sign and the fumigation log by certifying that the structure was safe for re-entry, when, in fact, the licensee had not tested the interior of the structure for the presence of Vikane. The decision was effective September 1, 2004.
In the same matter, the field representative's license issued to Armando G. Gonzales (FR 33508, Branch 1) of Spring Valley was suspended for 15 days and placed on two years' probation. Respondent was required to file quarterly reports with the Board and reimburse the Board $2,391.08 for investigative costs. Respondent is also required to complete a board-approved course and take and pass the field representative's examination. The decision was effective September 1, 2004.
Following a hearing, the company registration certificate held by Giant Jim Pest Control (PR 2242, Branches 2 and 3) and the operator's license issued to James Adkins (OPR 6612, Branches 2 and 3) of Tracy were placed on two years' probation. Respondents were required to file quarterly reports with the Board and reimburse the Board $3,281.08 for investigative costs. Respondents failed to report fungus infection and damage. The decision was effective September 1, 2004.
In the same matter, the field representative's license issued to Mark Sutterfield (FR 13521, Branch 3) of Tracy was placed on two years' probation. Respondent was required to file quarterly reports with the Board and reimburse the Board $3,281.08 for investigative costs. Respondent failed to report fungus infection and damage. The decision was effective September 1, 2004.
Following a hearing, the company registration certificate held by Almaden Termite and Construction (PR 971, Branch 3) and the operator's license issued to Jerry Roger Phillips (OPR 5359, Branch 3) of San Jose were placed on 2 year's probation. Respondents were required to file quarterly reports with the Board and reimburse the Board $6,379.58 for investigative costs. Respondents failed to report drywood termite infestation, fungus infection and damage. Respondents also failed to include a diagram of the structure and failed to indicate an approximate location of the infestation within the structure. The decision was effective September 1, 2004.
In a stipulated settlement, the field representative's licensed issued to Nena Portia Barberis (FR 22515, Branch 2) of Simi Valley was surrendered and accepted by the Board. Respondent certified that she completed the required continuing education but failed to provide documentation to meet the necessary continuing education requirements. The decision was effective August 27, 2004.
In a stipulated settlement, the company registration certificate held by Mastercare Termite Control of Santa Ana, Inc. (PR 3512, Branch 3) and the operator's license issued to Frank P. Bordon (OPR 9740, Branches 1 and 3) of Anaheim were suspended for 10 days and placed on three years' probation. Respondents paid a $2,000 civil penalty in lieu of the 10-day suspension. Respondents were required to file quarterly reports with the Board and reimburse the Board $2,473.77 for investigative costs. Respondents are also required to complete a Board approved course. Respondents failed to report drywood termite damage, decay fungi damage and failed to exterminate the reported drywood termite infestation. The decision was effective August 27, 2004.
In a stipulated settlement, the field representative's licensed issued to Ralph Morales (FR 32254, Branch 3) of San Bernardino was surrendered and accepted by the Board. The decision was effective August 27, 2004.
Following a hearing, in the matter of the application for the issuance of a Branch 3 field representative's license submitted by James Robert Berzinski of Anaheim, the Board granted a probationary license for a period of three years. Respondent is required to file quarterly reports with the Board. The decision was effective August 26, 2004.
Following a hearing, in the matter of the application for the issuance of a Branch 2 field representative's license submitted by Eugene Virgil Gifford of Salinas, the Board denied the application for a field representative's license. Respondent had been convicted of crimes substantially related to the qualifications, functions or duties of a licensed field representative. The decision was effective August 26, 2004.
Following a hearing, the company registration certificate held by Mastercare Termite Control of San Diego, Inc. (PR 3539, Branch 3) of Imperial Beach, and the company registration certificate held by The Rock Fumigation (PR 4010, Branch 1) of Imperial Beach were revoked. Respondents must reimburse the Board for investigative costs in the amount of $17,982.08. Respondent Mastercare failed to report decay fungi damage, conditions conducive to infestation and infection, failed to make proper recommendations regarding earth to wood contact and certified that property was free of all infestation or infection when in fact it was not. Respondents Mastercare and The Rock also failed to complete repairs in good and workmanlike manner, failed to provide owner with a written notice prior to the application of the pesticide Vikane. Respondent The Rock failed to properly aerate the residence, failed to post required warning signs at all entrances of the property and removed secondary locks prior to the expiration of the waiting period. Respondent The Rock performed pest control work on several properties when it was not a registered company. The decision was effective August 26, 2004.
In the same matter, the operator's license issued to Eloy Zuniga (OPR 10037, Branch 3) of Imperial Beach was revoked. Respondent must reimburse the Board for investigative costs in the amount of $17,982.08. Respondent failed to report decay fungi damage, conditions conducive to infestation and infection, failed to make proper recommendations regarding earth to wood contact and certified that property was free of all infestation or infection when in fact it was not. Respondent also failed to complete repairs in good and workmanlike manner, failed to provide owner with a written notice prior to the application of the pesticide Vikane. Respondents failed to properly aerate the residence, failed to post required warning signs at all entrances of the property and removed secondary locks prior to the expiration of the waiting period. Respondent The Rock performed pest control work on several properties when it was not a registered company. The decision was effective August 26, 2004.
In the same matter, the operator's license issued to Jesus Sanchez (OPR 7713, Branch 1) of Cudahy was revoked. Respondent must reimburse the Board for investigative costs in the amount of $17,982.08. Respondent failed to aerate the property as required, failed to post warning signs and secure the structure and engaged in the negligent handling of the poisonous agent Vikane. The decision was effective August 26, 2004.
In the same matter, the field representative's license issued to Raul De La Torre (FR 25427, Branch 1) of South El Monte was revoked. Respondent must reimburse the Board for investigative costs in the amount of $17,982.08. Respondent falsified the fumigation log as to the amount of gas in the Vikane cylinder and did not aerate the property long enough. The decision was effective August 26, 2004.
In a default decision, the field representative's license issued to Clifton F. Harden (FR 32031, Branches 2 & 3) of San Leandro was revoked. Respondent certified that he completed the required continuing education but failed to provide documentation to meet the necessary continuing education requirements. The revocation was effective August 25, 2004.
In a stipulated settlement, the field representative's license issued to Donald L. McCord (FR 32312, Branch 2) of Victorville was surrendered and accepted by the Board. The decision was effective August 25, 2004.
In a stipulated settlement, the company registration certificate held by True Value Pest Control (PR 2573, Branch 2) and the operator's license issued to Roy Rocha (OPR 9261, Branch 2) of Turlock were placed on probation for three years and required to file quarterly reports with the Board, reimburse the Board for random inspections, and pay $125 inspection fee. Respondents must also reimburse the Board for investigative costs in the amount of $2,165 and complete a Board approved course in pesticide worker health and safety. Respondent failed to wear protective eye wear while applying insecticide, failed to follow pesticide product labeling and failed to provide the notice to owner. Respondent also failed to post emergency medical care information and failed to provide pesticide-handling training annually to employees. The decision was effective August 26, 2004.
In a default decision, in the matter of the application for the issuance of a Branch 1 field representative's license submitted by Joshua A. Collins of El Cajon, the Board denied the application for a field representative's license. Respondent had been convicted of crimes substantially related to the qualifications, functions or duties of a licensed field representative. The decision was effective August 25, 2004.
In a stipulated settlement, the field representative's license issued to Daniel Colunga (FR 27661, Branches 2 & 3) of Colton was surrendered and accepted by the Board. Respondent certified that he completed the required continuing education but failed to provide documentation to meet the necessary continuing education requirements. The decision was effective August 25, 2004.
In a default decision, the field representative's license issued to Rodrigo M. Cuellar (FR 27997, Branch 2) of Camarillo was revoked. Respondent certified that he completed the required continuing education but failed to provide documentation to meet the necessary continuing education requirements. The decision was effective July 23, 2004.
The operator's license issued to Thomas Jerome Murphy (OPR 8137, Branch 3) of San Jose was revoked. Respondent certified under penalty of perjury that he had completed 26 hours of continuing education during the past renewal period when in fact he had not. Decision was effective July 15, 2004.
The field representative's license and registered applicator's license issued to John Edward Steele (FR 31775, Branch 2 and RA 11862, Branch 3) of Alta Loma were revoked. Respondent certified that he completed the required continuing education but failed to provide documentation to meet the necessary continuing education requirements. Decision was effective July 14, 2004.
The company registration held by Reliable Termite Control (PR 3556, Branch 3) and operator's license issued to Christine Beckhorn (OPR 7910, Branch 3) of Anaheim were revoked. Respondent failed to inspect the attic, failed to report drywood termites, earth-to-wood contact, decay fungi damage and to report inaccessible areas. Respondent failed to specify the name of the person requesting completion of the Notice of Completion and failed to comply with the Board's Report of Findings. Decision was effective June 3, 2004.
In the same matter, the field representative's license issued to Robert Richard Estrada (FR 34140, Branch 3) of Anaheim was revoked. Respondent failed to inspect the attic, failed to report drywood termites, earth-to-wood contact, decay fungi damage and failed to report inaccessible areas. Decision was effective June 3, 2004.
The field representative's license issued to Oscar Gabriel Gutierrez (FR 31795, Branch 3) of San Diego was revoked. It was determined that respondent certified he completed the required continuing education but failed to provide documentation to meet the necessary continuing education requirements. Decision was effective June 3, 2004.
The operator's license issued to Ruben Morales (OPR 10080, Branches 2 & 3) of Colton was suspended for 10 days and placed on three years' probation. Respondent paid a $2,000 civil penalty in lieu of the 10-day suspension. Respondent was required to file quarterly reports with the Board, complete required continuing education courses, attend additional courses in business ethics and rules and regulations, and reimburse the Board $639.00 for investigative costs. Respondent certified under penalty of perjury that he had completed 21.5 hours of continuing education during the past renewal period when in fact he had not. Decision was effective June 3, 2004.
The company registration held by Atomic Exterminators (PR 2961, Branches 2 and 3) of Los Angeles was suspended for 30 days and placed on three years' probation. Respondent paid a $10,000 civil penalty in lieu of the 30-day suspension. Respondent was required to file quarterly reports with the Board and reimburse the Board $14,700 for investigative costs. Respondent failed to report termite damage, decay fungi damage, to complete repairs in a workmanlike manner, and failed to complete the repairs for the contracted price. Respondent certified the property to be free of evidence of active infestation or infection when it was not. Decision was effective May 30, 2004.
In the same matter, the operator's license issued to Oscar Venegas (OPR 4305, Branches 2 and 3) of Los Angeles was suspended for ten days and placed on three years' probation. Respondent paid a $2,000 civil penalty in lieu of the 10-day suspension. Respondent was required to file quarterly reports with the Board and complete a Board approved operator's course within 18 months. Respondent failed to report termite and decay fungi damage, to complete repairs in a workmanlike manner, and to complete the repairs for the contracted price. Respondent certified the property free of evidence of active infestation or infection when it was not. Decision was effective May 30, 2004.
In the same matter, the field representative's license issued to Ruben Bruce Lopez (FR 31819, Branch 3) of Ontario was placed on three years' probation and required to file quarterly reports with the Board. Respondent failed to report termite and decay fungi damage, to complete repairs in a workmanlike manner, and to complete the repairs for the contracted price. Respondent certified the property to be free of evidence of active infestation or infection when it was not. The decision was effective May 30, 2004.
In the same matter, the field representative's license issued to Robert Lawrence Barron (FR 25902, Branches 2 and 3) of Escondido was placed on three years' probation and required to file quarterly reports with the Board. Respondent failed to recommend a further inspection to specifically indicate which portions of the structure were inspected. Respondent failed to report damaged wood members regarding decay fungi damage, drywood termite damage, a stall shower and excessive moisture damage. Decision was effective May 30, 2004.
In the same matter, the field representative's license issued to Fernando Cruz Gonzalez (FR 14631, Branch 3) of Lynwood was suspended for ten days and placed on three years' probation. Respondent paid a $2,000 civil penalty in lieu of the 10-day suspension. Respondent was required to file quarterly reports with the Board and complete a Board approved operator's course within 18 months. Respondent failed to report cellulose debris, decay fungi infection, drywood termite infestation, to make a recommendation to correct the source of infection and to perform repairs in a workmanlike manner. The decision was effective May 30, 2004.
In the matter of the application for the issuance of a Branch 2 field representative's license submitted by Robert William Daniel of Murrieta, the Board denied the application for a field representative's license. Respondent had been convicted of crimes substantially related to the qualifications, functions or duties of a licensed field representative. Decision was effective May 28, 2004.
The field representative's license issued to Alberto Zuniga (FR 32607, Branch 3) of Imperial Beach was suspended for five days and placed on three years' probation. Respondent was required to file quarterly reports with the Board, complete Board approved courses in rules and regulations, termite inspection report writing and business ethics. Respondent is prohibited from having any legal or beneficial interest in any company registered by the Board. The respondent failed to prepare and deliver reports within ten days, failed to report decay fungi damage, cellulose debris and condition conducive to infestation and infection. Respondent engaged in or offered to engage in the practice of structural pest control without being registered or licensed and failed to make available and maintain fumigation logs. Respondent failed to maintain monthly summary use reports, to provide written training program to employees prior to the handling of pesticides or make available to employees a Medical Condition Statement for employees wearing a respirator. The decision was effective May 28, 2004.
The field representative's license issued to Uriel Zuniga (FR 34677, Branch 1) of San Diego was suspended for 30 days and placed on three years' probation. Respondent was required to file quarterly reports with the Board and complete Board approved courses in rules and regulations and business ethics. Respondent is also prohibited from having any legal or beneficial interest in any company registered by the Board. Respondent failed to provide a copy of the registered labeling at the use site, to aerate the structure with all doors and windows open for a minimum of one hour and removed warning signs and secondary locks prior to certifying the structure for reentry. Respondent failed to wear respiratory protection and to perform proper testing after aeration. Decision was effective May 28, 2004.
The field representative's license issued to Francisco Murrieta (FR 15700, Branch 1) of Norwalk was suspended for three days and placed on one years' probation. Respondent was required to file quarterly reports with the Board and complete a Board approved course in rules and regulations. Respondent is also prohibited from having any legal or beneficial interest in any company registered by the Board. Respondent failed to submit the required notification to the country agricultural commissioner and failed to use suitable equipment to insure proper application of pesticide. Decision was effective May 28, 2004.
The field representative's license issued to John Christopher Litchfield (FR 31445, Branch 2) of Visalia was surrendered and accepted by the Board. Respondent must reimburse the Board $965 for investigative costs. Respondent certified under penalty of perjury that he completed 20 hours of continuing education during the past renewal period when in fact he had not. Decision was effective May 27, 2004.
In the matter of the application for the issuance of a Branch 3 field representative's license submitted by J. D. Dehaven of Santa Ana, the Board denied the issuance of a license. Respondent was convicted of a crime that was substantially related to qualifications, functions and duties of a structural pest control licensee. Decision was effective May 23, 2004.
The registered applicator's license issued to Michael James Curran (RA 19127, Branch 2) of Modesto was revoked. Respondent failed to post an emergency medical care notice, failed to follow pesticide product labeling, and failed to provide notice to owner of pesticide application. Respondent failed to properly label insecticide container and to post a completed Hazard Communication form. Revocation was effective May 21, 2004.
The registered applicator's license issued to Daniel R. Martinez aka Daniel Ruben Martinez (RA 21354, Branches 2 & 3) of Burbank was revoked and the application for the issuance of a field representative's license was denied. Respondent had been convicted of crimes substantially related to the qualifications, functions or duties of a licensed applicator. Decision was effective May 7, 2004.
The field representative's license FR 27841, Branch 1) and registered applicator's license RA 5694, Branch 3) held by William Nephi Bigler, of Escondido were revoked. Respondent certified under penalty of perjury that he had completed 22 hours of continuing education during the past renewal period when in fact he had not. Revocations were effective May 5, 2004.
The field representative's license issued to Rodney Allen Smallwood (FR 22461, Branch 3) of Santa Ana was revoked. Respondent failed to report visible termite damage. Revocation was effective April 16, 2004.
Company registration held by Joel M. Carino, Inc. dba Mastercare Termite Control (PR 1480, Branch 3) and operator's license issued to Joel M. Carino (OPR 8228, Branch 3) of Carson were suspended for 30 days and placed on three years' probation. Respondents paid a $6,000 civil penalty in lieu of the 30-day suspensions. Respondents were required to file quarterly reports with the Board, complete various Branch 3 Board approved courses, and post a $6,000 restoration bond. Respondents aided or abetted an individual to perform structural pest control services without a valid license and commenced work on a contract when the inspection had been performed by an unlicensed individual. Decision was effective April 8, 2004.
In the matter of the application for the issuance of a Branch 3 field representative's license submitted by Matthew David Hallowell of Bakersfield, the Board denied the application for a field representative's license. Respondent had been convicted of crimes substantially related to the qualifications, functions or duties of a licensed field representative. Decision was effective February 27, 2004.
Field Representative's license issued to Christopher L. Cherry (FR 17531, Branch 2) of Anaheim was revoked. Respondent contracted and performed pest control work on his own behalf without having a company registration or a valid license. Decision was effective February 5, 2004.
Company registration held by Hydrex Pest Control of Peninsula Cities (PR 295, Branches 2 & 3) and the operator's license issued to Ronald Grinham (OPR 9425, Branches 2 & 3) of San Carlos were revoked. The application for the issuance of a company registration was denied. Respondent engaged in or offered to engage in the practice of structural pest control without being registered. Respondent failed to obtain a building permit and violated various applicable building codes. Decision was effective January 23, 2004.
2003
Field representative's license issued to Jon Todd Lucchese (FR 18321, Branch 3) of Anaheim was revoked. Respondent secured structural pest control work without a valid license, acted in the capacity of a field representative at a location different from that which is set forth on his license and performed pest control work under a name style different from that which is on his license. Respondent also failed to notify the Board in writing of a change in his address and employment. Decision was effective December 26, 2003.
Company registration held by Zap Termite & Pest Control (PR 149, Branches 1, 2 & 3) and the operator's license issued to Thomas Cox (OPR 7793, Branches 1, 2 & 3) of Rio Linda, were suspended for 10 days and placed on three years probation. Respondent is required to reimburse the Board $2,769 for investigative costs and complete a business ethics course. It was alleged that respondent violated provisions of the Uniform Building Code, disregarded plans or specifications, failed to perform repairs in a good and workmanlike manner, and failed to complete the project on the property for the contract price. Decision was effective December 15, 2003.
Applicator's license issued to ALBERT WILLIAM PARK (RA 19573, Branches 2 and 3) of Chino was revoked and the application for the issuance of a Branch 2 field representative's license was denied. The revocation and denial were stayed and a probationary field representative's license will be issued and placed on three years probation, during which time respondent must file quarterly reports with the Board. Decision was effective December 13, 2003.
The company registration held by J.R. & G Exterminators, (PR-312, Branches 2 & 3) of El Monte was revoked. Respondent engaged in the practice of structural pest control without a registration or license. Decision was effective August 29, 2003.
In the same matter, the company registration held by Already a Better Choice Termite and Pest Control, Inc. (PR-4066, Branches 2 & 3) and operator's license issued to Jose Gonzalez (OPR-7877, Branches 2 & 3) of El Monte were suspended for five days and placed on three years' probation. Respondents are required to pay a $10,000 civil penalty, file quarterly reports with the Board and reimburse the Board $3,778 for investigative costs. Respondents engaged in the business or practice of structural pest control without a registration number. Respondent misrepresented that work had been performed by a registered company, when it had not. Decision was effective August 29, 2003.
The company registration held by Western Exterminator Company (PR-729, Branches 1, 2 & 3) and operator's license issued to Robert James Strom (OPR-2495, Branches 2 & 3) of Anaheim paid a $1000.00 civil penalty in lieu of five days suspension and placed on three years' probation. Respondents were required to file quarterly reports with the Board, reimburse the Board $5,193 for investigative costs and post a $1,000 restoration bond. It was alleged that respondents had failed to make a proper inspection and failed to complete repairs in a workmanlike manner. It was alleged that respondents had failed to obtain a building permit, misrepresented that the work was completed and failed to honor their contract price. Decision was effective August 28, 2003.
In the same matter, Field representative's license issued to Guy Eugene Reeves (FR-4015, Branches 1, 2 & 3) of Anaheim was placed on three years' probation. Respondent was required to file quarterly reports with the Board, and complete Branch 3 Board approved courses. Respondent made an improper inspection and failed to complete repairs in workmanlike manner. Decision was effective August 27, 2003.
In the same matter, Field representative's license issued to James Alan Winfrey (FR-10830, Branches 1, 2 & 3) of Anaheim was placed on three years' probation. Respondent was required to file quarterly reports with the Board, and complete Branch 3 Board approved courses. It was alleged that respondent had made an improper inspection and failed to complete repairs in a workmanlike manner. Decision was effective August 27, 2003.
The company registration held by Argus Termite Control, Inc. (PR-1327, Branch 3) and operator's license issued to Walter Eugene Reeve (OPR-6287, Branch 3) of San Jose were suspended for five days and placed on three years' probation. Respondents are required to file quarterly reports with the Board and reimburse the Board $4,284 for investigative costs. Respondents failed to report the extent of subterranean termite infestation and damage to the substructure. Respondent also failed to complete work in a workmanlike manner. Decision was effective August 24, 2003.
Field representative's license issued to Shannon Neil Kelly (FR-24236, Branches 2 & 3) of Anaheim was suspended for five days and placed on three years' probation. Respondent was required to file quarterly reports with the Board, complete Branch 3 Board approved courses and post a $500 restoration bond. It was alleged that respondent had failed to properly water test the stall showers and failed to complete repairs in workmanlike manner. Decision was effective August 22, 2003.
In the matter of the application for the issuance of a Branch 2 operator's license and field representative's license issued to Kevin Edward Evey (FR-15993. Branch 2) of Scotts Valley, the Board adopted the decision to deny the issuance of an operator's license and revoked the field representative's license. Respondent identified infestations or infections, made inspections, submitted bids, entered into contracts to perform pest control work on his own behalf without having a registered company or a valid license. Decision was effective August 22, 2003.
In the matter of the application for the issuance of a Branch 3 field representative's license submitted by Leonard Abraham Leopold of Anaheim, the Board adopted the Administrative Law Judge's proposed decision to deny the license. Respondent was convicted of a crime substantially related to the qualifications, functions and duties of a licensed field representative. Decision was effective on August 22, 2003.
Company registration held by Dumont Pest Control Enterprises, dba Dumont Pest Control (PR-1624, Branches 2 & 3) and operator's license issued to Howard Joseph Dumont (OPR-7350, Branches 2 & 3) of North Highlands were ordered to pay a civil penalty of $1,000 and reimburse the Board for investigative costs of $2,653. Respondent failed to perform a proper inspection for wood-destroying pests and organisms. Decision was effective August 22, 2003.
In a default decision, the company registration certificate held by TLC Termite (PR-2018, Branch 3) and operator's license issued to Kenneth S. Ryan (OPR-8677, Branch 3) of Big Bear City were revoked. Respondents failed to report decay fungi damage, install wood steps evenly, aligned and properly supported and fraudulently certified that the property was free of evidence of active infestations or infections when it was not. Decision was effective May 31, 2003.
Following a hearing, in the matter of the application for the issuance of a Branch 2 field representative's license submitted by Young Samuel Holsey of Long Beach, the Board decided to grant the issuance of a Branch 2 field representative's license and placed respondent on two years' probation. Respondent must file quarterly reports with the Board. Decision was effective May 22, 2003.
Following a hearing, field representative's license issued to Nicholas Alejandro Olney (FR-29923, Branch 3) of Downey was revoked. Respondent was required to reimburse the Board for investigative costs in the amount of $1,013.57. Respondent did not recommend further inspection for purposes of covering and/or removing accessible drywood termite pellets and failed to include the required certification language in the Notice of Work Completed and Not Completed. Decision was effective May 8, 2003.
Following a hearing, field representative's license issued to Jose Luis Lozano (FR-31618, Branch 3) of Signal Hill was suspended for ten days and placed on three years' probation. Respondent had the option of paying a $500 fine in lieu of the 10 day suspension .Respondent was required to file quarterly reports with the Board, complete Branch 3 Board approved courses and post a $3,000 restoration bond. Respondent fraudulently certified that the property was free of all infestations and infection, failed to report decay fungi damage, drywood termite damage and excessive moisture. Decision was effective May 8, 2003.
Following a hearing, company registration held by 1st Empire Termite & Fume dba Global Media Group, Inc. (PR-3196, Branches 1 and 3) and operator's license and field representative's license issued to Rod Alan Dalton (OPR-9010, Branches 1 and 3 and FR-16740, Branch 3) of Signal Hill are revoked. Respondents were required to reimburse the Board for investigative costs in the amount of $2,027.14. Respondents fraudulently certified that the property was free of all infestations and infection, failed to report decay fungi damage, drywood termite damage and excessive moisture. Respondents engaged in pest control without valid registration and failed to complete repairs for the contract price, and to recommend there be a further inspection of the structure for purposes of covering and/or removing accessible drywood termite pellets. Decision was effective May 8, 2003.
In a stipulation, company registration held by Cool Termite Control (PR-2393, Branch 3) and operator's license issued to Douglas Keefauver (OPR-8985, Branch 3) of Cool were revoked. Respondent was required to reimburse the Board for investigative costs in the amount of $4,613.74. Respondent failed to report water damaged particleboard, sheetrock and water stained ceilings. Respondent also failed to report earth to wood contact, faulty grade levels, evidence of wood boring beetles and presence of cellulose debris. Respondent failed to obtain a building permit and misrepresented that the property was free of active infestation or infection when it was not. Decision was effective May 8, 2003.
In a stipulation, the field representative's license and operator's license issued to Levi Abraham Keefauver (FR-30052, Branch 3 and OPR-10655, Branch 3) of Cool were suspended for 30 days and placed on five years' probation. Respondent was required to reimburse the Board $3,075.82 for investigative costs, complete Branch 3 Board approved courses, make restitution to consumer pursuant to the civil settlement and post a $4,000 restoration bond. Respondent failed to report water damaged particleboard, sheetrock and water stained ceilings. Respondent also failed to report earth to wood contact, faulty grade levels, evidence of wood boring beetles and presence of cellulose debris. Respondent failed to obtain a building permit and misrepresented that the property was free of active infestation or infection when it was not. Decision was effective May 8, 2003.
In a default decision, the company registration held by PDQ Exterminators, Inc. (PR-2846, Branch 3) and operator's license issued to Paul E. Erickson (OPR-10201, Branch 3) of Granada Hills, were revoked. Respondents failed to properly perform a termite inspection, failed to correct the items described in the Report of Findings and failed to submit a corrected report. Decision was effective May 7, 2003.
In a stipulation, the company registration held by Daystar Termite Control (PR-4087, Branches 2 & 3) and operator's license issued to Erl W. Patterson (OPR-8851, Branches 2 & 3) of Manteca, were suspended for 40 days and placed on three years' probation. Respondents had the option of paying a $10,000 civil penalty in lieu of 30 days suspension. Respondents were required to reimburse the Board $2,843.84 for investigative costs, make restitution to consumers in the amount determined by the final judgment of the pending civil action, if any, and post a $8,000 restoration bond. It was stipulated that respondent failed to issue a reinspection report, failed to report fungus damage and subterranean termite infestation, moisture and fungus damage, faulty grade level and an inaccessible attic. Decision was effective May 7, 2003.
Following a hearing, in the matter of the application for the issuance of a Branch 2 field representative's license submitted by Sergio E. Serna of San Jose, the Board adopted the decision to deny the application for field representative's license. Respondent has been convicted of crimes substantially related to the qualification, function and duties of a structural pest control licensee. Decision was effective March 20, 2003.
In a Decision After Nonadoption, company registration held by Deal Termite Company (PR-2309, Branch 3) and operator's license issued to Dane Jeffrey Deal (OPR-9005, Branch 3) of Santee were revoked. Respondents failed to report evidence of decay and fungi damage, inaccessible area in the subarea, cellulose debris, and evidence of drywood termite damage. Work completed on the property did not meet accepted trade standards for good and workmanlike construction and the report did not contain a proper recommendation for the correction of drywood termites. The decision was effective March 6, 2003.
Following a hearing, field representative's license issued to S. Scott Sutfin (FR-28719, Branch 2) of Redding was revoked. Respondent was also required to reimburse the Board $2,448.74 for investigative costs. Respondent engaged in the business or practice of structural pest control without registration. Respondent advertised or represented that pest control work had been performed by a registered company when it had not. Decision was effective February 22, 2003.
In a stipulation, the company registration held by Algon Exterminating Company (PR-351, Branches 1, 2 & 3) and operator's license issued to Michael Amos Cole (OPR-4470, Branches 1, 2 & 3) of El Cajon were placed on three year's probation. Respondents paid a $10,000 civil penalty in lieu of 30 days suspension. Respondents were required to reimburse the Board $3,210 for investigative costs, file quarterly reports and complete Branch 1 Board approved courses. Respondents falsified a pesticide disclosure form and failed to provide the tenant a copy of the Occupant's Fumigation Notice & Pesticide Disclosure. The decision was effective February 16, 2003.
In a stipulation, company registration held by North American Termite and Pest Control (PR-2488, Branches 2 and 3) and operator's license issued to David Lovenvirth (OPR-8140, Branches 2 & 3) of Sacramento were suspended for four days and placed on three years' probation. Respondents paid a $1,000 civil penalty in lieu of the four-day suspension. Respondents were required to reimburse the Board $4,118.44 for investigative costs, and file quarterly reports with the Board. Respondents failed to report inaccessible attic space, decay damaged door casings, stucco moldings, plywood sheathing and water damaged sheetrock. Respondents also failed to report evidence of wood boring beetle damage and cellulose debris. Decision was effective February 12, 2003.
2002
In a default decision, the field representative's license issued to David Edward Springle (FR 30553, Branches 2 & 3) of Citrus Heights was revoked. Respondent failed to report an inaccessible attic space, decay damaged door casings and stucco moldings, decay damaged plywood sheathing, water damaged sheetrock, wood boring beetle damage and cellulose debris. The revocation was effective December 18, 2002.
Following a hearing, the operator's license issued to Thomas Michael Petrey (OPR-8055, Branch 2) of Victorville was revoked. Respondent was required to reimburse the Board for investigative costs in the amount of $3,562. Respondent was convicted of a crime that was substantially related to the qualifications, functions and duties of a structural pest control operator. The revocation was effective November 28, 2002.
In a stipulation, the company registration held by Step Aside Exterminators, Inc. (PR 3647, Branches 2 & 3 and PR 2490, Branches 2 & 3) and operator's license issued to Jerry Lee Hughes (OPR 9118, Branch 3) of Ceres, were placed on three years' probation. Respondent is required to make restitution in the amount of $50,000 to the consumer and reimburse the Board $1,725 for investigative costs. Respondent failed to report fungus damage, earth to wood contact, subterranean termite evidence and damage and misrepresented that the property was free of active infestation or infection in the visible and accessible areas when, in fact, there was evidence of infestation and infection in the sub area and eaves. The decision was effective November 15, 2002.
Following a hearing, in the matter of the application for the issuance of a Branch 2 operator's license submitted by Bill Haden, Jr. of Malibu, the Board denied the application for an operator's license. Respondent worked for an unregistered structural pest control company and conducted a pest inspection without being licensed. The decision was effective November 15, 2002.
Following a hearing, in the matter of the application for the issuance of a Branch 2 field representative's license submitted by Mark Estes Petersen of Brentwood, the Board adopted the decision to issue a probationary field representative license. The probationary period is two years, during which time respondent must file quarterly reports with the Board. Respondent had been convicted of crimes substantially related to the qualification, functions and duties of a structural pest control licensee. The decision was effective November 14, 2002.
In a default decision, in the matter of the application for the issuance of a Branch 3 operator's license submitted by Daniel A. Chumley of Monument, Colorado, the Board in a default decision, denied the issuance of a license. It was determined that respondent committed acts involving dishonesty, fraud or deceit while holding a company registration and operator's license. The decision was effective September 22, 2002.
In a default decision, the company registration held by The Termite Specialists (PR-1598, Branch 3) and operator's license issued to Daniel Arney Moorhead aka Daniel A. Chumley (OPR-8160, Branch 3) of Monument, Colorado were revoked. It was determined that respondent failed to comply with conditions of probation by failing to post a $8,000 restoration bond, failing to file quarterly reports with the Board and failing to complete the required continuing education course in Branch 3. The revocations were effective September 19, 2002.
In a default decision, the field representative's license and registered applicator's license issued to Donovan Shane Benson (FR-30896, Branch 1 and RA-16992, Branch 3) of El Cajon were revoked. It was determined that respondent failed to use only pest control equipment which is in good repair and failed to perform pest control work in a careful and effective manner. Respondent also failed to use only methods and equipment suitable to insure proper application of Vikane, a poisonous exterminating fumigant, and failed to use a measuring device, to accurately weigh or measure the Vikane fumigant. The revocations were effective on September 18, 2002.
In a default decision, the field representative's license issued to John Russell Lucia (FR-17385, Branch 1) of El Cajon was revoked. It was determined that respondent falsified the fumigation logs by increasing instead of decreasing the fumigant cylinder weight before introduction after the pounds of fumigant were applied from the same cylinder. The revocation was effective on September 18, 2002.
In a stipulation, the company registration held by Berry's Pest Control, Inc. (PR-1479, Branches 2 & 3) and operator's license issued to Patrick Joseph Laurenzano (OPR-7863, Branch 3) of El Dorado Hills was revoked. The Accusation alleged that respondents were grossly negligent in failing to perform proper inspections and issue proper reports and failed to report findings and make recommendations. It was also alleged that respondents failed to report wood boring beetle infestation and damage, subterranean termite damage, fungus infection and damage and a faulty grade level. Respondents stipulated that the board could establish a factual basis for the charges in the Accusation. The revocations were effective August 24, 2002.
In a stipulation, the company registration held by Earl's Pest Control, Inc. (PR-623, Branches 2 & 3) and operator's license issued to Larry Ben Lovell (OPR-7756, Branch 3) of San Mateo were suspended for 15 days and placed on three years' probation. Respondents paid a $2,000 civil penalty in lieu of the 15-day suspension. Respondents were required to reimburse the Board $2,850 for investigative costs, complete a Branch 3 Board approved course, and post a $3,000 restoration bond. It was alleged that respondents failed to report active subterranean termite infestation and damage, evidence of a faulty grade, earth to wood contacts and to make a proper recommendation to control the infestation. Respondent's stipulated that the charges and allegations in the Accusation, if proven, constituted cause for discipline and agreed to be bound by the board's disciplinary action. The decision was effective August 24, 2002.
In a stipulation, the company registration held by Cost Rite Termite Control (PR-3046, Branch 3) and operator's license and field representative's licenses issued to Phillip Marshall Owens (OPR-9735, Branch 3 and FR-22489, Branch 3) of Anaheim were revoked. It was stipulated that respondents failed to report evidence of drywood termite damage, cellulose debris, decay and fungi damage, earth to wood contact and a faulty grade level. Respondents also failed to prepare and file a Standard Notice of Work Completed and Not Completed Report with the Board within five working days. The revocations were effective August 23, 2002.
In a stipulation, the license issued to Richard Jared Warren (FR-27468, Branch 3) of Anaheim, was placed on three years' probation. Respondent is required to file quarterly reports with the Board, complete a Branch 3 Board approved course and post a $4,000 restoration bond with the Board. It was stipulated that respondent failed to report evidence of drywood termite damage, decay and fungi damage, cellulose debris in the substructure area and subterranean termite damage. Respondent also misrepresented that the property was free of evidence of active infestation when, in fact, it was not and failed to recommend the need for fumigation. The decision was effective August 23, 2002.
In a stipulation, the license issued to Michael Francis Caldeira (FR-29311, Branch 3) of Anaheim, was placed on three years' probation. Respondent is required to file quarterly reports with the Board, complete a Branch 3 Board approved course and post a $4,000 restoration bond with the Board. It was stipulated that respondent failed to report evidence of decay and fungi damage, drywood termite damage, and an excessive moisture condition. Respondent also misrepresented that a chemical treatment had been completed when, in fact, it had not and that the property was free of evidence of active infestation when, in fact, it was not. The decision was effective August 23, 2002.
In a stipulation, the license issued to Charles Willis Hendrick (FR-30602, Branches 2 & 3) of Anaheim, was placed on three years' probation. Respondent is required to file quarterly reports with the Board, complete a Branch 3 Board approved course and post a $4,000 restoration bond with the Board. It was stipulated that respondent failed to report evidence of cellulose debris in a substructure area. The decision was effective August 23, 2002.
In a stipulation, the company registration held by Mitchell Hall Termite Control (PR-2158, Branch 3) and operator's license and field representative's license issued to Mitchell L. Hall (OPR-8878, Branch 3 and FR-13489, Branches 2 & 3) of Roseville are surrendered to the Board. Respondent no longer wishes to maintain his licenses or comply with conditions of probation. It was stipulated that the board could establish a factual basis for the charges in the Accusation. The Accusation alleged that respondent fraudulently certified that work had been completed on a property when, in fact, the work had not been completed. Respondent also failed to report evidence of a subterranean termite infestation and decay fungi damage. The decision was effective August 23, 2002.
In a stipulation, the field representative's license issued to Marcial Chairez aka Marcial Chairez Gonzalez (FR-15736, Branches 1 & 3) of Riverside was suspended for 20 days, placed on five years' probation and required to pay a $5,000 fine. Respondent is also required to file quarterly reports. It was stipulated that respondent omitted to post "Danger" signs at or near all entrances. The decision was effective August 23, 2002.
Following a hearing, the field representative's license issued to Winston K. Young (FR-26707, Branches 2 & 3) of Baldwin Park was revoked and the application for the issuance of an operator's license was denied. Respondent had been convicted of a crime substantially related to the duties, qualifications and functions of a structural pest control licensee which constitute grounds for revoking his field representative's license and denying any subsequent license. Respondent was required to reimburse the Board for investigative costs in the amount of $1,750. The revocation was effective August 23, 2002.
In a stipulation, the operator's license issued to Cheryl Lender (OPR 8424, Branch 3) of Orange was revoked. Respondent aided and abetted an individual to act in the capacity of a licensed structural pest control operator without a valid license. Respondent employed, elected or associated with an individual after his operator's license was revoked. The revocation was effective August 22, 2002.
The field representative's license issued to Jimmy Dzienanowicz (FR 16382, Branch 3) of Lakewood, was suspended for 19 days and was placed on three years' probation. Respondent paid a $2,500 civil penalty in lieu of the suspension. Respondent must file quarterly reports with the Board and complete Branch 3 Board approved courses in insect identification, biology and rules and regulations. Respondent failed to report extensive fungus/dryrot damage and make recommendations for corrective action. Respondent also misrepresented that a property was free of active infestation when, in fact, the property was not. The stipulation was effective May 22, 2002.
In the same matter, the license issued to Antonio Hernandez (FR 19851, Branch 3) of Los Angeles, was suspended for ten days and placed on three years' probation. Respondent must file quarterly reports with the Board and complete Branch 3 Board approved courses in business ethics and rules and regulations. Respondent misrepresented that the property was free of evidence of active infestation when, in fact, the property was not. The decision was effective May 22, 2002.
The company registration held by California Cities Termite Control, Inc. (PR 2344, Branch 3), company registration held by California Homes Termite Control, Inc. (PR 370, Branches 2 & 3) both of Orange and the operator's license issued to Bonnie Michelle Johnson (OPR 9033, Branches 3) of Los Alamitos were revoked in a default decision. Respondents failed to notify Orange County Agricultural Commissioner's Office prior to the beginning of fumigation, failed to secure the property against re-entry, and failed to post warning signs at all entrances. Respondents also failed to use aeration fans to exhaust air and failed to use a gas detector device to measure the level of Vikane in the structure. California Cities Termite Control, Inc. performed Branch 1 pest control when it only held a Branch 3 license. There was negligence in handling and use of Vikane, a poisonous exterminating agent. Respondents also failed to report fungus, dryrot damage, drywood termites, evidence of subterranean termites, and cellulose debris at several locations and misrepresented that the properties were free of active infestation when, in fact, the properties were not. The decision was effective March 17, 2002.
In the same matter, the license issued to Roberto Barajas (FR 12268, Branch 3) of Ontario was revoked in a default decision. Respondent fraudulently convinced a homeowner to allow access to their property for inspection by falsely representing that California Chemical Termite Control had changed its name and was no longer in operation when in fact, the company was still in business. The homeowner paid respondent to eradicate a termite infestation. Respondent committed acts constituting fraud or misrepresentation. The decision was effective March 27, 2002.
In the same matter, the license issued to Donald Frank Prosser II (OPR 8465, Branch 3) of North Highlands was revoked in a default decision. Respondent aided and abetted California Cities to evade provisions of the Business and Professions Code by knowingly conspiring with California Cities Termite Control Inc., by allowing the company to perform a fumigation without a valid Branch 1 company registration. Respondent also acted in the capacity of a licensed structural pest control operator without a valid license. The decision was effective March 27, 2002.
In the same matter, the license issued to Carlos Gonzalez (OPR 8094, Branch 1) of South Gate was revoked in a default decision. Respondent failed to use aeration fans to exhaust air and failed to use a gas detector device to measure the level of Vikane in the structure. The decision was effective March 17, 2002.
In the same matter, the license issued to Jesus Galindo (FR 20306, Branch 1) of El Monte was revoked in a default decision. Respondent failed to lock, barricade and otherwise secure a property against re-entry, failed to post warning signs at all entrances and was negligent in the handling and use of Vikane, a poisonous exterminating agent. The decision was effective March 17, 2002.
The company registration held by General Pest Service Co., Inc. (PR 1094, Branch 3) and operator's license issued to Romy Arthur Bergamini (OPR 8036, Branch 3) of Venice, were revoked in a default decision. Respondents failed to comply with the terms and conditions of probation in a previous disciplinary matter. The decision was effective March 13, 2002.
In the same matter, the license issued to Gustavo Rivas (FR 17654, Branch 1) of Bellflower, was suspended for 15 days and was placed on two years' probation. Respondent must also file quarterly reports with the Board and complete one or more Board-approved courses in rules and regulations and fumigation safety. It was established that respondent failed to properly complete the required fumigation log after fumigant had been introduced into the property, and as the licensee in charge allowed an employee to commit unsafe acts such as opening the fumigation tarp prior to installing a ventilation fan and tube without utilizing a self-contained breathing apparatus. The decision was effective February 27, 2002.
In the same matter, the license issued to by Carlos Espinoza (FR 31704, Branch 1) of Compton, was suspended for ten days and was placed on two years' probation. Respondent must file quarterly reports with the Board and complete one or more Board approved courses in rules and regulations and fumigation safety. It was established that respondent failed to properly complete a fumigation log and failed to enter the correct dates on warning signs posted around a property where a fumigant was introduced. The decision was effective February 27, 2002.
The company registration held by Fume Choice, Inc. (PR 3342, Branch 1) and the operator's license issued to Michelle Stephenson (OPR 9178, Branch 1) of Buena Park, were revoked and respondent required to reimburse the Board $9,302 for investigative costs. It was determined that the respondents disregarded and violated regulations and laws regarding the use of structural pest control devices, fumigation or extermination. The decision was effective February 27, 2002.
The field representative's license issued to John Maciel (FR 24147, Branch 3) of Downey was suspended for 15 days and placed on three years' probation. Respondent must complete a Branch 3 course, and pay $625 restitution to the homeowner. It was determined that respondent fraudulently convinced a homeowner to eradicate a termite infestation under the house, when there was no evidence of termites. Respondent also falsely represented that the termite company had changed its name and was no longer operating when, in fact, the company was still doing business. The decision was effective February 24, 2002.
In the matter of the application for the issuance of a Branch 3 company registration and operator's license submitted by Thomas A. Pelham of Paradise, the Board adopted the Administrative Law Judge's proposed decision, which grants the issuance of a company registration and license. Upon issuance, both were placed on three years' probation. Respondent is required to file quarterly reports with the Board, and must complete a Branch 3 Board approved course. The decision was effective February 22, 2002.
The company registration held by Clark Pest Control of Stockton, Inc. (PR 226, Branches 1, 2 & 3) and the operator's license issued to Charles F. Clark (OPR 7943, Branches 1, 2 & 3) of Lodi were suspended for 15 days and placed on three years' probation. Each respondent paid a $3,000 civil penalty in lieu of the 15-day suspension. Respondent is required to post a $3,000 restoration bond, reimburse the Board $22,564 for investigative, and immediately cease and desist from any solicitation, marketing, sales or other use of the Year-Round Exterior Pest-A-Way service agreement unless a Board licensee conducts such activity. It was established that respondent aided and abetted the practice of structural pest control with unlicensed persons, therefore failing to comply with the law. The decision was effective February 21, 2002.
In the same matter, the license issued to Joseph Dinubilo, Jr. (FR 6349, Branches 1, 2 & 3) of Stockton was suspended for five days and placed on three years' probation. Respondent paid a $750 civil penalty in lieu of the five-day suspension. Respondent was also required to post a $500 restoration bond and reimburse the Board for investigative costs. It was established that respondent aided and abetted the practice of structural pest control with an unlicensed person, therefore failing to comply with the law. The decision was effective February 21, 2002.
In the same matter, the license issued to Joseph Patrick Clark (OPR 6816, Branches 1, 2 & 3) of Stockton was suspended for 15 days and placed on three years' probation. Respondent paid a $3,000 civil penalty in lieu of the 15-day suspension. Respondent was also required to post a $3,000 restoration bond and reimburse the Board for investigative costs. It was established that respondent aided and abetted the practice of structural pest control by unlicensed persons, therefore failing to comply with the law. The decision was effective February 21, 2002.
In the matter of the application for the issuance of a Branch 1 field representative's license submitted by Michael Wayne Gaither of Suisun, the Board adopted the Administrative Law Judge's proposed decision to deny the license. The applicant failed to meet the criteria for rehabilitation with regards to convictions, which were substantially related to the qualifications, functions or duties of a licensed field representative. The decision was effective February 21, 2002.
In the matter of the application for the issuance of a Branch 3 field representative's license submitted by Dale Glenn Fisher of Corona, the Board adopted the Administrative Law Judge's proposed decision to grant the issuance of a license. Upon issuance of the field representative's license the license was placed on three years' probation. Respondent must file quarterly reports with the Board and complete a Branch 3 Board approved course. The decision was effective February 21, 2002.
The company registration held by Pace Termite & Pest Control (PR 2462, Branch 3) and the operator's license issued to James Mack Hughes (OPR 9109, Branch 3) of Lemon Grove, were suspended for 30 days and placed on three years' probation. Respondents are required to pay restitution in the amount of $66,310 to the consumers, reimburse the Board $6,100 for investigative costs, and post a $6,000 restoration bond with the Board. Respondents must also file quarterly reports with the Board and complete courses in rules and regulations and technical areas of wood destroying pests/or organisms. It was determined that respondent failed to prepare and file an inspection report regarding subterranean termites and drywood termites at a property where he applied chemicals to control the termites. Respondent also failed to report infections or evidence of drywood termite infestation and complete repairs in a good and workmanlike manner. The decision was effective January 27, 2002.
2001
The company registration held by Country Fume, Inc. (PR 2976, Branch 1), the operator's license issued to Raymond De La Torre (OPR 9544, Branch 1), Epigmenio Lopez De La Torre (FR 14151, Branch 1) all of El Monte were revoked in a default decision. It was determined that respondents committed 21 violations of the California's Health and Safety Code, the Business and Professions Code, the Food and Agriculture Code, the Vehicle Code and the Penal Code in a San Diego Superior Court. Respondents failed to aerate a residence according to label, defrauded customers of money in excess of $400, failed to maintain an accurate log of fumigation jobs, failed to post adequate warning signs and failed to adequately secure a compressed gas cylinder containing Vikane. Respondents also falsely posted warning signs at numerous properties indicating that Vikane, a poisonous exterminating agent, had been used to fumigate the property when, in fact, the fumigant could not be detected. The decision was effective on December 28, 2001.
The field representative's license issued to Wayne Haward Coleman, II (FR 24180, Branches 1 and 3) of Chula Vista was revoked and respondent is required to reimburse the Board $2,500 for investigative costs. It was determined that respondent misrepresented a material fact in his application by failing to disclose the fact of a prior conviction that was substantially related to the qualifications, functions or duties of a licensed field representative. The decision was effective November 21, 2001.
The company registration held by Baquisotang Bonbo's Hankook Termite and Pest Control Co. (PR 2108, Branches 2 and 3) and the operator's license issued to by Chang Yol Song (OPR 8781, Branches 2 and 3) of Los Angeles were suspended for ten days and placed on two years' probation. Respondent paid a $2,000 civil penalty in lieu of the ten-day suspension. Respondents are required to file quarterly reports with the Board, and complete Board approved courses in Branch 3, and business practices and business ethics. It was determined that respondent signed a certificate of experience form for licensure before it was completed, falsely certified that an applicant had been employed, and knowingly made a false statement of a material fact or omitted a material fact to the Board. The decision was effective November 24, 2001.
In the matter of the application for the issuance of a Branch 2 field representative's license submitted by Elbert Paul Winbush of Campbell, the Board adopted the Administrative Law Judge's proposed decision to deny the license. Respondent was convicted of crimes substantially related to the qualifications, functions, or duties of a licensed field representative. Respondent knowingly made a false statement of fact on the application for licensure. The decision was effective November 24, 2001.
The field representative's license issued to Aaron Travis Wisdom (FR 30485, Branch 3) of Santee was revoked in a default decision. It was determined that respondent failed to report evidence of drywood termite damage and decay fungi damage. The decision was effective November 24, 2001.
The field representative's licenses issued to Jeffery Colin Deal (FR 31520, Branch 3 and FR 27718, Branch 3) of Santee were revoked in a default decision. It was determined that respondent failed to report evidence of decay, fungi damage and failed to report an inaccessible sub area. The decision was effective November 24, 2001.
The operator's license issued to Gary Michael Bozarth (OPR 9789, Branches 1 and 3) of Bakersfield was revoked in a default decision. It was determined that respondent committed fraud by operating an unregistered company and falsely represented that pest control work had been performed at properties when, in fact, the work had not been done by a company registered with the Board. Respondent also failed to pay for fumigations performed by another company. The decision was effective November 8, 2001.
The company registration held by to O'Bannon Termite Control (PR 1156, Branch 3), the operator's license and field representative's license held by James James Calvin O'Bannon (OPR 6532, FR 7242) of Fresno were revoked in a default decision. It was determined that respondents were guilty of fraudulent acts by contracting for and performing pest control services without a valid license from the Board. Respondent also failed to notify the County Agricultural Commissioner's Office prior to applying Dursban T.C. The decision was effective October 21, 2001.
The company registration held by Cooley's General Pest & Termite Control, (PR 1622, Branches 2 & 3) and the operator's license issued to John Cooley (OPR 8329, Branches 2 & 3) of Newbury Park were suspended for 40 days and placed on three years' probation. Respondent must file quarterly reports with the Board, complete a Board approved course in Branch 2, and reimburse the Board $14,774 for investigative costs. It was determined that respondents failed to make a treatment recommendation and failed to properly file inspection reports with the Board, The decision was effective September 16, 2001.
In the same matter, the application for the issuance of a company registration submitted by Cooley's General Pest & Termite Control of Newbury Park, the Board adopted the Administrative Law Judge's proposed decision, which grants the issuance of a registration. Said registration will immediately be placed on three years' probation, and required to file quarterly reports with the Board. The decision was effective September 16, 2001.
The company registration held by Integrity Termite Company (PR 2813, Branch 3) and the operator's license issued to Sean Timothy Driscoll (OPR 8901, Branch 3) of Signal Hill were suspended for ten days and placed on three years' probation. Respondent paid a $2,000 civil penalty in lieu of the ten-day suspension. Respondent is required to pay $4,670 restitution to the homeowner, reimburse the Board $5,377 for investigative cost, and post a $2,000 restoration bond. It was determined that respondent failed to report decay fungi damage, failed to obtain a building permit, and failed to bring the property into compliance in a timely manner. The stipulation was effective September 12, 2001.
The applicator's license held by Ken Edward Fisk (RA 13460) of Cathedral City was revoked in a default decision. Respondent was convicted of a crime substantially related to the qualifications, functions, and duties of a licensed applicator. The decision was effective September 14, 2001.
The operator's license issued to Alan M. Springer (OPR 9744, Branches 1 & 3) of Burbank, was suspended for ten days and placed on three years' probation. Respondent paid a $2,500 civil penalty in lieu of the ten-day suspension. Respondent is required to file quarterly reports with the Board, reimburse the Board $500 for investigative costs, complete courses in pest identification and biology and file a $1,000 restoration bond. Respondent stipulated that the Board could have established that he had failed to report decay fungi damage at various locations on the property and failed to bring the property into compliance in a timely manner. The stipulation was effective September 17, 2001.
The company registration held by Strictly Fumigations (PR 2764, Branch 1), the operator's license issued to Bonnie Luele Lawson (OPR 7708, Branches 1 & 2), and the field representative's license issued to Dave R. Pulu (FR 24688, Branch 1) all of Placentia, were revoked in a default decision. It was determined that respondents failed to post "Danger" signs at or near all entrances, and failed to properly re-lock, barricade, or otherwise secure the front door of the house. The revocations were effective September 15, 2001.
The company registration held by Pan American Pest Control Company (PR 2119, Branch 2) and the operator's license issued to Dewan Nuril Islam (OPR 8839, Branch 2) of Glendale, were suspended for 15 days and were placed on three years' probation. Respondents paid a $5,000 civil penalty in lieu of the 15-day suspension. Respondents are required to reimburse the Board $4,161 for investigative costs, post a $3,000 restoration bond with the Board, and complete a Branch 2 Board approved course. It was determined that respondents failed to provide the pesticide and amount to be used, and the area of the property that was treated on the work order. Respondents failed to properly label a storage locker containing pesticides, failed to have a lock on the spray rig, failed to properly mark a vehicle being used spraying pesticides, and did not display the company registration and license in a noticeable location. The decision was effective September 7, 2001.
The field representative's license issued to Larry Peter Villalobos (FR 23048, Branch 1) of Placentia, was suspended for five days and was placed on three years' probation. Respondent must file quarterly reports with the Board and complete a Branch 1 Board approved course in rules and regulations. Respondent was negligent in the handling and use of Vikane, a poisonous exterminating agent, by not following the label instructions for Vikane. The decision was effective September 6, 2001.
In the matter of the application for the issuance of a Branch 2 field representative's license submitted by Brant L. Manuel of Salida, the Board adopted the Administrative Law Judge's proposed decision to deny the license. Respondent was convicted of a crime substantially related to the qualifications, functions and duties of a licensee. The decision was effective September 6, 2001.
In the matter of the application for the issuance of a Branch 2 field representative's license submitted by Jonah Tawe Kimbwala of Anaheim, the Board adopted a default decision, which denied the license. Respondent was convicted of crimes substantially related to the qualifications, functions or duties of a licensed field representative. Respondent also knowingly made a false statement of fact on his application for licensure. The decision was effective September 6, 2001.
The company registration held by Lance Termite Control, Inc. (PR 1211, Branch 3) and the operator's license held by Leonard Geul (OPR 8579, Branch 3) of Dublin, were revoked in a default decision. Respondent failed to report fungus damage, earth to wood contact and evidence of subterranean termites. Respondent also failed to complete repairs in a workmanlike manner, misrepresented the condition of the property, failed to obtain a building permit prior to performing corrective work, and did not honor the terms of the contract with the homeowners. In addition, respondent failed to comply with terms and conditions of probation from a previous matter. The revocations were effective September 6, 2001.
In the matter of the application for the issuance of a Branch 2 field representative's license submitted by Richard Allen Mackie of Buena Park, the Board adopted a default decision, which denied the license. Respondent committed acts involving dishonesty, fraud, or deceit with the intent to substantially benefit himself and if performed by a licensee of the Board would be revocation. The decision was effective September 6, 2001.
The field representative's license issued to Harold F. Watkins (FR 19663, Branch 3) of Walnut Creek was suspended for 55 days. It was determined that Respondent violated the terms and conditions of probation from a previous matter. The decision was effective September 6, 2001.
The field representative's license held by Walter Glenn Moorer (FR 29496, Branch 1) of San Diego was revoked in a default decision. It was determined that respondent misrepresented a material fact in his application for a field representative's license by denying that he had ever been convicted of a felony when, in fact, he pled guilty to violation of Penal Code Section 12021a (possession of a firearm by a felon). The revocation was effective June 16, 2001.
In the matter of the application for the issuance of a Branch 1 company registration submitted by Henry O. Zepeda of Riverside, the Board adopted the decision, which denied the issuance of a company registration. Respondent committed acts, which constitute grounds for revoking his operator's license. The decision was effective May 23, 2001.
The company registration held by Corporate Fumigation, Inc. (PR 2845, Branches. 1, 2 & 3), the operator's license held by Henry Zepeda (OPR 5981, Branches. 1, 2 & 3) and the field representative's license held by Joshua E. King (FR 30569, Br. 1) of Anaheim were revoked. Respondents are required to reimburse the Board $4,249.60 for investigative costs. It was determined that respondents committed an act of gross negligence by fumigating the wrong premises without the permission of the owner; failed to provide the owner of the premises, which was erroneously fumigated, with prior clear written notice that they were about to apply the pesticide Vikane to the premises; failed to bag items of food and medicines, and failed to remove potted plants from the residence. The decision was effective May 23, 2001.
In the matter of the application for the issuance of a Branch 2 field representative's license submitted by Erwyn Lamont Anderson of Escondido, the Board denied the application for a field representative's license. Respondent had a past history of criminal activity. Respondent also knowingly falsified the licensing application. The decision was effective March 24, 2001.
The company registration held by Termite Connection (PR 2345, Branch 3) and operator's license held by Robert Crain (OPR 9057, Branch 3) of Los Alamitos were each revoked, stayed, with a five day suspension with an option of paying a $2,500 civil penalty in lieu of the five days. Respondents chose to pay the $2,500 civil penalty in lieu of the 5 day suspension. Respondents were also placed on three years' probation and required to file quarterly reports with the Board. Respondents are also required to reimburse the Board for investigative costs in the amount of $1,491 and post a $2,000 restoration bond. It was determined that between the approximate period of 1996 to 1999, Respondent was performing and soliciting Branch 2 (general household pest control) pest control work at various addresses, while only licensed to perform and solicit Branch 3 (wood-destroying pest and organism control) pest control work. The decision was effective February 15, 2001.
The company registration held by Catalina Termite Control, Inc. (PR 2320, Branch 3) and operator's license held by Timothy Lear (OPR 9319, Branch 3) of Orange were revoked in a default decision. Respondents failed to report drywood termite damage, earth to wood contacts, decay fungi damage and faulty grade level. Respondent also failed to complete repairs and was found grossly negligent in the inspections by failing to perform proper inspections. The default decision was effective January 12, 2001.
2000
The operator's license held by David Lee Criswell (OPR 9239, Branches 2 and 3) of Weldon was revoked in a default decision. It was determined that grounds existed to revoke probation and reimpose the order of revocation in that respondent failed to comply with conditions of probation. The default decision was effective December 6, 2000.
In the matter of the application for the issuance of a Branch 1 field representative's license submitted by Ronald Lee Reece of Paso Robles, the Board adopted the decision to issue a probationary field representative license. The probationary period is three years, during which time respondent must file quarterly reports with the Board. Respondent was convicted of a crime substantially related to the qualifications, functions and duties of a board licensee but presented significant evidence of rehabilitation. The decision was effective November 12, 2000.
In the matter of the application for the issuance of a Branc
