SPCB - Laws

§1910. Robert's Rules of Order.
HISTORY:
1. Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).

§1910.1. Emergency Conditions for Meetings and Additions to Meeting Agendas.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference cited: Section 11125(a), Government Code.

HISTORY:
1. New section filed 11-19-79; effective thirtieth day thereafter (Register 79, No. 47).
2. Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).

§1911. Addresses; Change of Address/Employment.
Each operator, field representative and applicator shall file his or her address of record with the board and shall notify the board of any change in address within ten (10) days of such change. The address of record of a field representative, an operator or an applicator shall be the address of the registered company by which he or she is employed or with which he or she is associated or his or her residence address if he or she is not employed and associated.
Each licensee shall also file his or her address for mailing purposes with the board and shall notify the board of any change in address within ten (10) days of such change.

NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 136, 8567, 8613 and 8650, Business and Professions Code.
HISTORY:
1. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
2. Amendment filed 3-23-87; effective upon filing pursuant to Government Code section 11346.2 (d) (Register 87, No. 13).
3. Amendment filed 5-19-92; operative 6-18-92 (Register 92, No. 21).
4. Amendment of section and Note filed 3-13-96; operative 4-12-96 (Register 96, No. 11).
5. Amendment of section and Note filed 8-12-96; operative 9-11-96 (Register 96, No. 33).

§1912. Branch Offices Registration.
A registered company that opens a branch office shall notify the board of that fact within 30 days on a written form provided by the board (see form No. 43L-15 at the end of this section) accompanied by the required registration fee.

NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8509 and 8612, Business and Professions Code.
HISTORY:
1. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
2. Repealer of subsection (b) filed 1-30-85; effective thirtieth day thereafter (Register 85, No. 5).
3. Amendment filed 3-23-87; effective upon filing pursuant to Government Code Section 11346.2 (d) (Register 87, No. 13).
4. Change without regulatory effect amending section filed 5-17-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 21).

§1913. Different Name Style--Same Entity.
A branch office may not be registered in a name style different from that shown on the certificate of the registered company. A registered company which wishes to conduct an additional business in a name style different from that which is shown on its company registration certificate shall obtain a separate company registration certificate for each such business.

NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8612, Business and Professions Code.
HISTORY:
1. New NOTE filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
2. Amendment filed 3-23-87; effective upon filing pursuant to Government Code section 11346.2 (d) (Register 87, No. 13).
3. Amendment filed 5-13-92; operative 6-12-92 (Register 92, No. 20).

§1914. Name Style--Company Registration.
No company registration certificate shall be issued in a fictitious name which the board determines is likely to be confused with that of a governmental agency or trade association. No company registration shall be issued in the same name of a firm whose company registration has been suspended or revoked unless a period of at least one year has elapsed from the effective date of the suspension or revocation.
It shall be grounds for disciplinary action for a registered company to use the telephone number and/or name style of a firm whose company registration has been suspended or revoked, without the prior written approval of the board.

NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8525 and 8650, Business and Professions Code.
HISTORY:
1. Amendment filed 5-19-78; effective thirtieth day thereafter (Register 78, No. 20).
2. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
3. Amendment filed 3-23-87; effective upon filing pursuant to Government Code Section 11346.2 (d) (Register 87, No. 13).
4. Amendment of first paragraph filed 3-21-2006; operative 4-20-2006 (Register
2006, No. 12).

§1914.1. Limitation Regarding Name Style.
HISTORY:
1. New section filed 10-29-70; designated effective 11-30-70 (Register 70, No. 44).
2. Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).

§1915. Change of Employment--Operator--Field Representative.
HISTORY:
1. Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).

§1916. Time Allowed--Replacing Qualifying Manager.
A registered company which notifies the board of the disassociation of its qualifying manager or branch supervisor within the ten day period prescribed by Section 8571 of the code, shall be granted a period of thirty (30) days in which to replace such person with another qualifying manager or branch supervisor. An additional thirty (30) day extension can be granted by the registrar for good cause.

NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8571, Business and Professions Code.
HISTORY:
1. Amendment filed 1-2-68; effective thirtieth day thereafter (Register 68, No. 1).
2. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
3. Amendment filed 3-23-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 13).

§1917. Change of Name.
  When a structural pest control licensee or registered company changes his or her or its name, he or she or it shall file with the registrar an application for change of name on a form prescribed by the board (See form No. 43L-8 at the end of this section) accompanied by the required fee and by a declaration certified under penalty of perjury, stating:
  (a) The former name,
  (b) The type and number of the pest control license or company registration, and
  (c) That the change of name was not for the purpose of defrauding creditors or any other person or persons or for circumventing the provisions of the Business and Professions Code of California or any other law of the United States, State of California or any political subdivision thereof.

NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8674 and 8650, Business and Professions Code.
HISTORY:
1. New section filed 5-19-64; designated effective 9-1-64 (Register 64, No. 11).
2. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
3. Amendment filed 3-23-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 13).

§1918. Supervision of Registered Companies and Branch Offices.
"Supervise" as used in Business and Professions Code Sections 8506.2, 8610 and 8611 means the oversight, direction, control, and inspection of the daily business of the company and its employees, and the availability to observe, assist, and instruct company employees, as needed to secure full compliance with all laws and regulations governing structural pest control.
In cases of ownership of more than one registered company by the same sole owner, corporation or partnership where the qualifying manager or managers cannot supervise each registered company because of the location of the companies, the qualifying manager or managers may designate an individual or individuals licensed as an operator or as a field representative in the branch or branches of business being conducted to supervise the company. The designated supervisor or supervisors must be under the direct supervision of the qualifying manager or managers. Any such designation of supervisors does not relieve the qualifying manager or managers of responsibility to supervise as required in sections 8506.2 and 8610.

NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8506.2, 8610 and 8611, Business and Professions Code.
HISTORY:
1. New section filed 6-15-89; operative 7-15-89 (Register 89, No. 25).
2. Amendment of section filed 8-12-96; operative 9-11-96 (Register 96, No. 33).
3. Amendment filed 3-21-2006; operative 4-20-2006 (Register 2006, No. 12).

§1919. Research Advisory Panel.
The research advisory panel shall consist of one member from the Structural Pest Control Board, two representatives from the structural pest control industry, one representative from the Department of Pesticide Regulation and one representative from the University of California.

NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8674, Business and Professions Code.
HISTORY:
1. New section filed 12-26-90; operative 1-25-91 (Register 91, No. 6).
2. Amendment filed 3-13-96; operative 4-12-96 (Register 96, No. 11).

§1920. Citations and Fines
  (a) Authority to Issue Citations and Fines:
  (1) The Registrar or Deputy Registrar of the Board is authorized to issue citations which may contain an order of abatement or an administrative fine ("fine") for violations of the statutes contained in the Structural Pest Control Act (commencing with Business and Professions Code Section 8500) or the regulations adopted by the Board.
  (2) Each citation shall be in writing and shall describe with particularity the nature and facts of the violation, including a reference to the statutes(s) or regulation(s) alleged to have been violated. The citation shall be served upon the individual personally or by certified mail.
  (b) Citation; Assessment of Fine:
  (1) Citations may be issued without the assessment of a fine. The amount of any fine to be levied by the Registrar or Deputy Registrar shall be no more than $5,000. For the issuance of a citation that includes an administrative fine in excess of $2,500, the Registrar or Deputy Registrar shall determine that at least one of the following circumstances apply:
  (A) the citation involves a violation that has an immediate relationship to the health and safety of another person;
  (B) the cited person has a history of two or more prior citations of the same or similar violations;
  (C) the citation involves multiple violations of the Act or these regulations that demonstrate a willful disregard of the law; or,
  (D) the citation involves a violation or violations perpetrated against a senior citizen or person with disability.
  (2) In determining whether a citation shall contain an order of abatement or a fine and if a fine is to be imposed, the Registrar or Deputy Registrar shall consider the following factors:
  (A) Gravity of the violation.
  (B) History of previous violations of the same or similar nature.
  (C) The good or bad faith exhibited by the cited person.
  (D) Evidence that the violation was willful.
  (E) The extent to which the cited person cooperated with the Board's investigation.
  (F) The extent to which the cited person has mitigated or attempted to mitigate any damage caused by his or her violation.
  (G) Such other factors as the Registrar or Deputy Registrar considers relevant.
  (c) Citations for Unlicensed Practice:
  The Registrar or Deputy Registrar of the Board is authorized to issue citations which may contain order of abatement or a fine against persons who are performing or who have performed services for which a structural pest control license is required under the Structural Pest Control Act. The citation issued under this section shall be separate from and in addition to any other civil or criminal remedies.
  (d) Compliance with Orders of Abatement:
  When a citation is not contested or if the citation is appealed and the person cited does not prevail, failure to comply with the order of abatement or to pay the fine in the citation within the time allowed by a licensee may result in disciplinary action being taken by the Board against the person cited, or where the cited person is unlicensed in appropriate judicial relief being taken against the person cited.
  (e) Contest of Citations:
  (1) In addition to requesting a hearing provided for in subdivision (b)(4) of section 125.9 of the code (hereinafter "administrative hearing"), the person cited may, within ten (10) days after service or receipt of the citation, notify the Registrar or Deputy Registrar, as designated, in writing of his or her request for an informal conference with the designated Registrar or Deputy Registrar. The informal conference shall include at least one, but no more than two, industry members of the Board, as designated by the Registrar.
  (2) The informal conference shall be held within 60 days from the receipt of the request of the person cited. At the conclusion of the informal conference, the Registrar or Deputy Registrar may affirm, modify or dismiss the citation, including any fine levied or order of abatement issued. The decision shall state in writing the reasons for the action and shall be served or mailed to the person within ten (10) days from the date of the informal conference.
  (3) The person cited does not waive his or her request for an administrative hearing to contest a citation by requesting an informal conference after which the citation is affirmed by the Registrar or Deputy Registrar. If the citation is dismissed after the informal conference, the request for an administrative hearing on the matter of the citation shall be deemed to be withdrawn. If the informal conference results in the modification of the findings of violation(s), the amount of the fine or the order of abatement, the citation shall be considered modified, but not withdrawn. The cited person shall be entitled to an administrative hearing to contest the modified citation if he or she made a request in accordance with subdivision (b)(4) of section 125.9 of the code for an administrative hearing, within thirty (30) days after service of the original citation. The cited person shall not be entitled to an informal conference to contest a modified citation. If the cited person did not make a request for an administrative hearing after service of the original citation, the decision in the modified citation shall be considered a final order.

NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.
HISTORY:
1. New section filed 8-13-98; operative 9-12-98 (Register 98, No. 33).
2. New section heading filed 7-17-2003; operative 8-16-2003. Submitted to OAL for printing only (Register 2003, No. 29).
3. Change without regulatory effect amending subsections (b)(5) and (e)(3) filed
9-4-2003 pursuant to section 100, title 1, California Code Of Regulations (Register 2003, No. 36).
4. Change without regulatory effect amending subsection (b) filed 12-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 51).
5. Redesignation and amendment of portions of subsection (b) as new subsections (b)(1) and (b)(2), new subsections (b)(1)(A)-(D) and redesignation of former subsections (b)(1)-(7) as new subsections (b)(2)(A)-(G) filed 12-30-2005; operative 1-29-2006 (Register 2005, No. 52).
6. Amendment of subsections (e)(1)-(3) filed 3-21-2006; operative 4-20-2006 (Register 2006, No. 12).

§1922. Civil Penalty Actions by Commissioners.
  (a) When taking civil penalty action pursuant to section 8617 of the Business and Professions Code, county agricultural commissioners shall use the provisions of this section to determine the violation class and the fine amount.
  (1) For purposes of this section, violation classes shall be designated as "serious," "moderate," and "minor."
  (A) "Serious": Violations that are repeat violations of those in subparagraph (B) or violations which created an actual health or environmental hazard. The fine range for serious violations is $700-$5,000.
  (B) "Moderate": Violations that are repeat violations of those in subparagraph (C) or violations which pose a reasonable possibility of creating a health or environmental effect. The fine range for moderate violations is $250-$1,000.
(C) "Minor": Violations that did not create an actual health or environmental effect or did not pose a reasonable possibility of creating a health or environmental effect. The fine range for minor violations is $50-$400.

NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8617, Business and Professions Code.
HISTORY:
1. New section filed 5-14-98; operative 6-13-98 (Register 98, No. 20).
2. Amendment of subsections (a)(1)(A)-(C) filed 8-25-2006; operative 9-24-2006 (Register 2006, No. 34).

§1922.3. Course Requirement by County Agricultural Commissioners.
  (a) When, pursuant to Business and Professions Code section 8617, a lawful order is made by a county agricultural commissioner to direct a licensee to take and pass a board approved course of instruction, the licensee prior to taking the course shall submit the name of the course and documentation regarding its content to the same agricultural commissioner for review and approval.
  (b) The submittal for approval shall be made within twenty (20) days of the order. The county agricultural commissioner shall make a decision and respond to the licensee within twenty (20) days.
  (c) The course of instruction shall have content that directly addresses applicable pesticide use laws, regulations and the practice of structural pest control relating to the violations committed. After completion of the approved course, the licensee shall take and pass an examination provided by the course provider that directly relates to the course content. A passing score for the examination shall reflect that the licensee correctly answered at least seventy percent (70%) of the examination questions.
  (d) After passing the examination, the licensee shall obtain a certificate of course completion from the course provider. As proof of compliance, the licensee shall submit the certificate to the county agricultural commissioner who issued the Notice of Proposed Action within twenty (20) days of course completion.
  (e) The licensee must comply with the order within ninety (90) days. The commissioner shall have the discretion to extend this date up to one hundred eighty (180) days after issuance of the Notice of Proposed Action.

NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8616.4 and 8617, Business and Professions Code.
HISTORY
1. New section filed 7-6-2005; operative 8-5-2005 (Register 2005, No. 27).
2. Change without regulatory effect amending subsection (d) filed 10-20-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 42).