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§1934. Board-Approved Operator's
License Course.
Board-approved or Board-developed
courses required by section 8565.5 of the Business
and Professions Code must have been successfully
completed within three years prior to the applicant
taking the operator's licensing examination.
NOTE: Authority cited: Section
8525, Business and Professions Code. Reference:
Section
8565.5, Business and Professions Code.
HISTORY:
1. New section filed 8-13-98;
operative 9-12-98 (Register 98, No. 33). §1935.
Examination Procedure.
HISTORY:
1. Repealer filed 9-22-83;
effective thirtieth day thereafter (Register 83,
No. 39).
§1936.
Form and Date for Filing Application for License.
(a) An application for an initial
operator's or field representative's license shall
be:
(1) Filed at the principal office of
the board on a form provided by the board (See
Form
43L-26(Rev. 3/90) as printed at the end of section
1936.1, or Form 43L-14 (Rev. 8/90) which is printed
at the end of this section) and shall comply with
every requirement shown thereon.
(2) Accompanied by the required examination
fee. Applications not filed with the board at least
15 days prior to the next scheduled examination
will not be considered for that examination.
(b) All documents filed in support of any
application will be retained by the board; provided,
however, that the board may at its discretion permit
such documents to be withdrawn upon substitution
of a true copy.
NOTE: Authority cited: Section 8525, Business
and Professions Code. Reference: Section 8560-8566
and 8674, Business and Professions Code.
HISTORY:
1. Amendment of subsection
(b) filed 1-2-68; effective thirtieth day thereafter
(Register 68, No. 1).
2. Amendment of subsections
(c) and (d) filed 3-15-79; effective thirtieth
day
thereafter (Register 79, No. 11).
3. Amendment filed 9-22-83;
effective thirtieth day thereafter (Register 83,
No. 39).
4. Amendment of subsection
(a)(1) and new form 43L-14 filed 6-22-92; operative
7-22-92 (Register 92, No. 26). §1936.1.
Form and Date for Filing Application for Company
Registration Certificate.
(a) An application for a company registration
certificate shall be:
(1) Filed at the principal office of the
board on a form provided by the board (See Form
No. 43L-26 Rev. (3/90) at the end of this section)
and shall comply with every requirement shown thereon.
(2) Accompanied by the required company registration
fee.
(b) All documents filed in support of any
application will be retained by the board; provided,
however, that the board may at its discretion permit
such documents to be withdrawn upon substitution
of a true copy. NOTE: Authority cited: Section 8525, Business
and Professions Code. Reference: Sections 8610
and 8674, Business and Professions Code.
HISTORY:
1. New section filed 3-23-87;
effective upon filing pursuant to Government Code
section 11346.2(d) (Register 87, No. 13).
2. Change without regulatory
effect amending subsection (a)(1) filed pursuant
to section 100, title 1, California Code of Regulations
(Register 92, No. 30). §1936.2
Form for Filing Application for Applicator's License.
(a) An application for an initial
applicator's license shall be:
(1) Filed at the principal office of the
board or at the office of one of the board's designated
examination administrators, including, but not
limited
to, county agricultural commissioners, on a form
provided by the board (See Form 43E-21 (New 5/95)
which is printed at the end of this section) and
shall comply with every requirement shown thereon.
(2) Accompanied by the required examination
fee.
(b) All documents filed in support of any
application will be retained by the board. NOTE: Authority cited: Section 8525, Business
and Professions Code. Reference: Sections 8564.5
and 8564.6, Business and Professions Code.
HISTORY:
1. New section filed 8-12-96;
operative 9-11-96 (Register 96, No. 33). §1937.
Qualification of Applicant.
(a) "Experience" and "in
the employ of," as used in section 8562(b)
of the code and "training and experience"
as used in section 8564 of the code means actual
field work.
(b) A qualifying manager of a registered
company or licensed operator designated by a company
shall provide written certification of an employee's
or former employee's experience and time accurately
and promptly upon written request by the employee.
The qualifying manager or designated licensed operator
must be licensed in the branch or branches for
which he/she is certifying experience and time.
(c) Specific minimum requirements of
training and experience are accorded to the branch
or branches
for which the applicant is applying, as follows:
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NOTE:
Authority cited: Section 8525, Business and Professions
Code. Reference: Sections 8560, 8562 and 8564,
Business
and Professions Code.
HISTORY:
1.
New subsection (d) filed
3-15-79; effective thirtieth day thereafter (Register
79, No. 11).
2. Amendment filed 9-22-83;
effective thirtieth day thereafter (Register 83,
No. 39).
3. Amendment of subsection
(b) filed 3-23-87; effective upon filing pursuant
to Government Code section 11346.2(d) (Register
87, No. 13).
4. Amendment filed 6-21-89;
operative 7-21-89 (Register 89, No. 25).
5. Editorial
correction restoring HISTORY 4. and correct text
(Register 91, No. 45).
6. Amendment of subsection
(a) and new subsection (c) filed 8-13-98; operative
9-12-98 (Register 98, No. 33). §1937.1.
Substantial Relation Criteria.
For the purposes of denial, suspension
or revocation of a license or company registration
pursuant to Division 1.5 (commencing with Section
475) of the code, a crime or act shall be considered
to be substantially related to the qualifications,
functions or duties of a licensee or registered
company under Chapter 14 of Division 3 of the code
if to a substantial degree it evidences present
or potential unfitness of such licensee or registered
company to perform the functions authorized by
the license or company registration in a manner
consistent with the public health, safety, or welfare.
Such crimes or acts shall include, but not be limited
to, the following:
(a) Any violation of the provisions of Chapter
14 of Division 3 of the code.
(b) Commission of any of the following in
connection with the practice of structural pest
control:
(1) Fiscal dishonesty
(2) Fraud
(3) Theft
(4) Violations relating to the misuse of
pesticides. NOTE: Authority cited: Sections 481 and 8525,
Business and Professions Code. Reference: Sections
8525, 8568, 8620 and 8646, Business and Professions
Code.
HISTORY:
1. Repealer and new section
filed 3-14-75; effective thirtieth day thereafter
(Register 75, No. 11). For history of former
section,
see Register 73, No. 14.
2. Amendment filed 9-22-83;
effective thirtieth day thereafter (Register
83,
No. 39).
3. Amendment of first paragraph
only filed 3-23-87; effective upon filing pursuant
to Government Code Section 11346.2(d) (Register
87, No. 13). §1937.2.
Criteria for Rehabilitation.
(a) When considering the denial of
a structural pest control license or company registration
under Section 480 of the Business and Professions
Code, the board, in evaluating the rehabilitation
of the applicant and his or her or its present
eligibility for a license or company registration
will consider the following criteria:
(1) The nature and severity of the act(s)
or crime(s) under consideration as grounds for
denial.
(2) Evidence of any act(s) committed subsequent
to the act(s) or crime(s) under consideration as
grounds for denial which also could be considered
as grounds for denial under Section 480 of the
Business and Professions Code.
(3) The time that has elapsed since commission
of the act(s) or crime(s) referred to in subdivision
(1) or (2).
(4) The extent to which the applicant has
complied with any terms of parole, probation, restitution,
or any other sanctions lawfully imposed against
the applicant.
(5) Evidence, if any, of rehabilitation
submitted by the applicant.
(b) When considering the suspension or revocation
of a structural pest control license or company
registration on the grounds that the licensee or
registered company has been convicted of a crime,
the board, in evaluating the rehabilitation of
such person or company and his or her or its present
eligibility for a license or company registration
will consider the following:
(1) Nature and severity of the act(s) or
offense(s).
(2) Total criminal record.
(3) The time that has elapsed since commission
of the act(s) or offense(s).
(4) Whether the licensee or registered company
has complied with any terms of parole, probation,
restitution or any other sanctions lawfully imposed
against the licensee or registered company.
(5) If applicable, evidence of expungement
proceedings pursuant to Section 1203.4 of the Penal
Code.
(6) Evidence, if any of rehabilitation submitted
by the licensee or registered company.
(c) When considering a petition for reinstatement
of a structural pest control license or company
registration, the board shall evaluate evidence
of rehabilitation submitted by the petitioner,
considering those criteria specified in subsection
(b). NOTE: Authority cited: Sections 475, 476, 480-482,
484-487 and 8525, Business and Professions Code.
Reference: Sections 475,476, 480-482, 484-487
and 8525, Business and Professions Code.
HISTORY:
1. Repealer and new section
filed 3-14-75; effective thirtieth day thereafter
(Register 75, No. 11). For history of former section,
see Register 73, No. 14.
2. Amendment filed 3-23-87;
effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 87, No. 13). §1937.11
Disciplinary Guidelines.
In reaching a decision on a disciplinary
action under the Administrative Procedure Act (Government
Code Section 11400 et seq.), the board shall consider
the disciplinary guidelines entitled "A Manual
of Disciplinary Guidelines and Model Disciplinary
Orders" [1991] which are hereby incorporated
by reference. Deviation from these guidelines and
orders, including the standard terms of probation,
is appropriate where the board and/or administrative
law judges in its/his or her discretion determines
that the facts of the particular case warrant such
a deviation -- for example: the presence of mitigating
factors; the age of the case; evidentiary problems. NOTE: Authority cited: Section 8525, Business
and Professions Code, Section 11425.50(e), Government
Code. Reference: Section 11425.50(e), Government
Code, and Sections 8620, 8635, 8636, 8637, 8638,
8639, 8640, 8641, 8642, 8643, 8644, 8645, 8646,
8646.5, 8647, 8648, 8649, 8650, 8651, 8652, 8653,
8654, 8655 and 8657, Business and Professions
Code.
HISTORY:
1. New section filed 4-14-97;
operative 5-14-97 (Register 97, No. 16). §1937.12.
Conditions of Probation.
(a) Whenever a proposed decision
places a licensee or registered company. on probation
as a condition of staying a revocation or staying
all or any portion of a suspension, the order granting
such probation shall include at least the following
conditions:
(1) That the licensee or registered company.
shall file quarterly reports with the board during
the period of probation;
(2) Such other terms and conditions as may
be appropriate in light of the number and nature
of the violations proven.
(b) Nothing in this regulation shall deprive
the board of its authority to modify or delete
any term or condition of probation contained in
a proposed decision submitted by an administrative
law judge. NOTE: Authority cited: Sections 8525 and 8620,
Business and Professions Code. Reference: Section
8620, Business and Professions Code.
HISTORY:
1. New section filed 7-3-80;
effective thirtieth day thereafter (Register 80,
No. 27).
2. Amendment of subsection
(a) filed 3-23-87; effective upon filing pursuant
to Government Code Section 11346.2(d) (Register
87, No. 13).
§1937.13. Posting Notice of Suspended
Company Registration.
A registered company whose registration
is suspended shall post in a place conspicuous
to the public a notice provided by the Board
that its registration is under suspension. The
notice shall be posted at each and every office
that is under the suspension order. NOTE: Authority cited: Section
8525, Business and Professions Code. Reference:
Sections 8525, 8620 and 8624, Business and Professions
Code.
HISTORY:
1. New section filed 5-19-78;
effective thirtieth day thereafter (Register 78,
No. 20).
2. Amendment filed 3-23-87;
effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 87, No. 13). §1937.14.
Quality of Work Completed.
All work completed by licensees or
registered companies shall be done within the specific
requirements of any plans or specifications and
shall meet accepted trade standards for good and
workmanlike construction in any material respect,
and shall comply with provisions of Section 2516(c)(1),
(2), (4) and (6) of Title 24, California Code of
Regulations. NOTE: Authority cited: Section 8525, Business
and Professions Code. Reference: Sections 8525,
8635 and 8636, Business and Professions Code.
HISTORY:
1. New section filed 5-19-78;
effective thirtieth day thereafter (Register 78,
No. 20).
2. Amendment of NOTE 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 filed 3-6-95;
operative 4-5-95 (Register 95, No. 10). §1937.16.
Notice to Owner.
The "Notice to Owner" form
to be used by branch 1 and branch 3 registered companies
in accordance with Section 8513 of the code shall
be that set forth below. NOTICE TO OWNER Under the California Mechanics Lien Law
any structural pest control company which contracts
to do work for you, any contractor, subcontractor,
laborer, supplier or other person who helps to
improve your property, but is not paid for his
or her work or supplies, has a right to enforce
a claim against your property. This means that
after a court hearing, your property could be
sold by a court officer and the proceeds of the
sale used to satisfy the indebtedness. This can
happen even if you have paid your structural
pest control company in full if the subcontractor,
laborers or suppliers remain unpaid.
To preserve their right to file a claim
or lien against your property, certain claimants
such as subcontractors or material suppliers
are required to provide you with a document entitled
"Preliminary Notice." Prime contractors
and laborers for wages do not have to provide
this notice.
A Preliminary Notice is not a lien against your
property. Its purpose is to notify you of persons
who may have a right to file a lien against your
property if they are not paid. NOTE: Authority cited: Section 8525, Business
and Professions Code. Reference: Section 8513,
Business and Professions Code.
HISTORY:
1. New section filed 9-21-84;
effective thirtieth day thereafter (Register 84,
No. 38). For prior history, see Register 83, No.
20.
2. Amendment filed 3-23-87;
effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 87, No. 13). §1937.17. Customer Notification.
Every licensee shall provide notice to the licensee's
clients or customers of the fact that he/she
is licensed by the Structural Pest Control Board.
Notice shall be provided by, but not limited
to, any of the following methods:
(1) Verbally
at the time that services are requested.
(2) Company business card identifying
person as a licensee of the Structural Pest Control
Board.
(3) Structural Pest Control
Board license number printed on Wood Destroying
Pest and Organisms Inspection Report form.
NOTE: Authority cited: Section 8525, Business
and Professions Code. Reference: Section 138,
Business and Professions Code.
HISTORY:
1. New section filed 12-16-2002;
operative 1-15-2003 (Register 2002, No. 51).
§1938. Group Qualification for
Operator's License.
HISTORY:
1. Repealer filed 9-22-83;
effective thirtieth day thereafter (Register 83,
No. 39). §1939.
Fees.
HISTORY:
1. Repealer filed 9-22-83; effective
thirtieth day thereafter (Register 83, No. 39). §1940.
Notice of Operator's and Field Representative's
Examinations.
Operator's and Field Representative's
examination notices shall be mailed to all persons
eligible for examination. Such notice shall be
sent by United States mail, the postage fully prepaid,
addressed to the applicant's address as shown on
the notice of examination. NOTE: Authority cited: Section 8525, Business
and Professions Code. Reference: Section 8560,
Business and Professions Code.
HISTORY:
1. Amendments filed 3-15-79;
effective thirtieth day thereafter (Register 79,
No. 11).
2. Amendment filed 9-22-83;
effective thirtieth day thereafter (Register 83,
No. 39).
3. Amendment of section heading
and section filed 8-12-96; operative 9-11-96 (Register
96, No. 33). §1941.
Failure to Appear for Operator's or Field Representative's
Examinations.
Failure of an applicant to appear
for an operator''s or field representative's examination
after proper notification thereof shall be grounds
for forfeiture of the examination fee, unless the
applicant requests and is granted a postponement
not less than five days prior to such examination
or is excused by the board, for good cause, from
complying with this requirement. An applicant who
receives a postponement of not more than six (6)
months will not be required to file a new application. NOTE: Authority cited: Section 8525, Business
and Professions Code. Reference: Section 8560,
Business and Professions Code.
HISTORY:
1. Amendment filed 9-22-83;
effective thirtieth day thereafter (Register 83,
No. 39).
2. Amendment of section heading,
section and Note filed 8-12-96; operative 9-11-96
(Register 96, No. 33). §1942.
Applicant Failing Operator's or Field Representative's
Examination.
An applicant who fails the operator''s
or field representative's examination may take
another examination within six (6) months thereafter
on the same application by paying an additional
examination fee. NOTE: Authority cited: Section 8525, Business
and Professions Code. Reference: Sections 8560,
Business and Professions Code.
HISTORY:
1. Amendment filed 9-22-83;
effective thirtieth day thereafter (Register 83,
No. 39).
2. Amendment of section heading,
section and Note filed 8-12-96; operative 9-11-96
(Register 96, No. 33). §1943.
Unauthorized Assistance During Examination.
HISTORY:
1.
Repealer filed 9-22-83;
effective thirtieth day thereafter (Register 83,
No. 39). §1944.
Grades. NOTE: Authority cited: Section 8525, Business
and Professions Code. Reference: Sections 8520
and 8560, Business and Professions Code.
HISTORY:
1. Amendment filed 9-18-75;
effective thirtieth day thereafter (Register 75,
No. 38).
2. Amendment filed 9-22-83;
effective thirtieth day thereafter (Register 83,
No. 39).
3. Repealer filed 3-23-87;
effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 87, No. 13). §1945.
Posting Names of Successful Applicants.
HISTORY: 1.
Repealer filed 9-22-83;
effective thirtieth day thereafter (Register 83,
No. 39). §1946.
Notice of Renewals.
HISTORY:
1.
Repealer filed 9-22-83;
effective thirtieth day thereafter (Register 83,
No. 39). §1947.
Time of Filing Application for Renewal--Paying Fee.
HISTORY:
1.
Repealer filed 9-22-83;
effective thirtieth day thereafter (Register 83,
No. 39). §1948.
Fees.
(a) Pursuant to the provisions of section 8674 of
the code, the following fees are established:
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