TITLE 16. Professional And Vocational Regulations
Division 19. Structural Pest Control Board
(Originally Printed 12-5-46)

Article 3. Licensing

§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will be retained by the board; provided, however, that the board may at its discretion permit such documents to be withdrawn upon substitution of a true copy.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:
Branch 1 A minimum of one hundred hours of training and experience in preparation, fumigation, ventilation, and certification required.
Branch 2 A minimum of forty hours of training and experience, twenty hours of which are actual field work, required.
Branch 3 A minimum of one hundred hours of training and experience, eighty hours of which are actual field work, required.

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:
(1) Duplicate license $ 2
(2)Change of licensee name $ 2
(3)Operator's examination $ 25
(4)Operator's license $120
(5)Renewal operator's license $120
(6)Company office registration $120
(7)Branch office registration $ 60
(8)Field representative's examination $ 10
(9)Field representative's license $ 30
(10)Renewal field representative's license $ 30
(11)Change of registered company's name $ 25
(12)Change of principal office address $ 25
(13)Change of branch office address $ 25
(14)Change of qualifying manager $ 25
(15)Change of registered company's officers $ 25
(16)Change of bond or insurance $ 25
(17)Continuing education provider $ 50
(18)Continuing education course approval $ 25
(19)Pesticides use report filing $ 6
(20)Applicator's License $ 10
(21)Renewal applicator's license $ 10
(b) Pursuant to section 8564.5 of the code, the fee for examination for licensure as an applicator is $15.00 for each branch in which an examination is taken.
(c) Pursuant to section 8593 of the code, the fee for the continuing education examination for operators is $25.00, for each branch in which an examination is taken.
(d) Pursuant to section 8593 of the code, the fee for the continuing education examination for field representatives is $10.00, for each branch in which an examination is taken.

NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8564.5, 8593 and 8674, Business and Professions Code.
HISTORY:
1. New section filed 6-28-60; effective thirtieth day thereafter (Register 60, No. 15).
2. Amendment of subsection (b) filed 7-3-80; effective thirtieth day thereafter (Register 80, No. 27).
3. Amendment filed 5-2-83; effective thirtieth day thereafter (Register 83, No. 19).
4. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 39).
5. New subsections (c) and (d) filed 4-12-84; effective thirtieth day thereafter (Register 84, No. 15).
6. Amendment of subsection (a) filed 11-10-86; effective thirtieth day thereafter (Register 86, No. 46).
7. Amendment filed 3-24-87; effective thirtieth day thereafter (Register 87, No. 13).
8. Amendment filed 9-19-88; operative 10-19-88 (Register 88, No. 39).
9.Amendment filed 9-19-90; operative 10-19-90 (Register 90, No. 44).
10. Amendment of subsections (a)(5), (a)(10) and (b) filed 5-18-92; operative 6-17-92 (Register 92, No. 21).
11.Editorial correction of printing error in subsections (a)(14) and (a)(19) (Register 92, No. 21).
12. Amendment of subsection (b) filed 5-17-95; operative 6-16-95 (Register 95, No. 20).
13. Amendment of subsection (b) filed 8-12-96; operative 9-11-96 (Register 96, No. 33).
14. Amendment of subsections (a)(4)-(5) and new subsections (a)(20)-(21) filed 8-25-2006; operative 9-24-2006 (Register 2006, No. 34).