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8665. The fact that an applicator is licensed shall not affect any liability or responsibility for disciplinary action of any operator, field representative, or registered company that employs or supervises an applicator.
8666. It shall be unlawful for any licensee under this chapter to recommend or to perform any pest control corrective work under any contract or agreement that the licensee knows or has reason to know is in excess of that required to eliminate the condition for which the licensee was employed.
A violation of this section is a public offense and is punishable upon the first conviction by imprisonment in the county jail for not more than six months, or by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine.
BUSINESS AND PROFESSIONS CODE 52
ARTICLE 8. Revenue
8670. As used in this chapter, “original operator’s license” means an operator’s license that is not a renewal license.
8671. As used in this chapter, “renewal operator’s license” means a license issued to an individual who had an operator’s license unrevoked and unsuspended on June 30th of the preceding renewal period.
8672. As used in this chapter, “original field representative’s license” means a field representative’s license issued to an individual who did not have a license on the preceding June 30th.
For the purpose of this chapter, a renewal field representative’s license means a field representative’s license issued to an individual who had a field representative’s license on June 30th of the preceding renewal period.
8672.1. (a) As used in this chapter, “original applicator’s license” means an applicator’s license issued for an individual who did not have a license on the preceding June 30.
(b) For the purposes of this chapter, a renewal of an applicator’s license means an applicator’s license issued to an individual who had an applicator’s license on June 30 of the preceding renewal period.
8673. License fees shall not be prorated unless an individual licensed as an operator, a field representative, or an applicator requests an earlier expiration date of one of the licenses in accordance with Section 8590. All license and registration fees shall be paid in advance of the issuance of the license or registration, and all examination fees shall be paid in advance of the examination.
8674. The fees prescribed by this chapter are the following:
(a) A duplicate license fee of not more than two dollars ($2).
(b) A fee for filing a change of name of a licensee of not more than two dollars ($2).
(c) An operator’s examination fee of not more than one hundred dollars ($100).
(d) An operator’s license fee of not more than one hundred fifty dollars ($150).
(e) An operator’s license renewal fee of not more than one hundred fifty dollars ($150).
(f) A company registration fee of not more than one hundred twenty dollars ($120).
(g) A branch office registration fee of not more than sixty dollars ($60). BUSINESS AND PROFESSIONS CODE 53
(h) A field representative’s examination fee of not more than seventy-five dollars ($75).
(i) A field representative’s license fee of not more than forty-five dollars ($45).
(j) A field representative’s license renewal fee of not more than forty-five dollars ($45).
(k) An applicator’s examination fee of not more than sixty dollars ($60).
(l) An applicator’s license fee of not more than fifty dollars ($50).
(m) An applicator’s license renewal fee of not more than fifty dollars ($50).
(n) An activity form fee, per property address, of not more than three dollars ($3).
(o) A fee for certifying a copy of an activity form of not more than three dollars ($3).
(p) A fee for filing a change of a registered company’s name, principal office address, or branch office address, qualifying manager, or the names of a registered company’s officers, or bond or insurance of not more than twenty-five dollars ($25) for each change.
(q) A fee for approval of continuing education providers of not more than fifty dollars ($50).
(r) A pesticide use report filing fee of not more than five dollars ($5) for each pesticide use report or combination of use reports representing a registered structural pest control company’s total county pesticide use for the month.
(s) A fee for approval of continuing education courses of not more than twenty-five dollars ($25).
(t) (1) Any person who pays a fee pursuant to subdivision (r) shall, in addition, pay a fee of two dollars ($2) for each pesticide use stamp or stamp number purchased from the board. Notwithstanding any other law, the fee established pursuant to this subdivision shall be deposited into the Structural Pest Control Research Fund that is hereby continued in existence and continuously appropriated to be used only for structural pest control research.
(2) A charge for administrative expenses of the board in an amount not to exceed 5 percent of the amount collected and deposited in the Structural Pest Control Research Fund may be assessed against the fund. The charge shall be limited to expenses directly related to the administration of the fund.
(3) The board shall, by regulation, establish a five-member research advisory panel, including, but not limited to, representatives from the Structural Pest Control Board, the structural pest control industry, the Department of Pesticide Regulation, and the University of California. The panel, or other entity designated by the board, shall solicit on behalf of the board all requests for proposals and present to the panel all proposals that meet the criteria established by the panel. The panel shall review the proposals and recommend to the board which proposals to accept. The recommendations shall be accepted upon a two-thirds vote of the board. The board shall direct the panel, or other entity designated by the board, to prepare and issue the research contracts and authorize the transfer of funds from the Structural Pest Control Research Fund to the applicants whose proposals were accepted by the board.
(4) A charge for requests for proposals, contracts, and monitoring of contracted research shall not exceed 5 percent of the research funds available each year and shall be paid from the Structural Pest Control Research Fund.
8675. The delinquent penalty for a renewal of any license issued under this chapter applied for after the expiration date of the license shall be 50 percent of the fee required for the renewal of the license applied for before the expiration date but not more than one hundred dollars ($100).
8676. The Department of Consumer Affairs shall receive and account for all moneys collected under this chapter at the end of each month, and shall pay it into the Treasury to the credit of the Structural Pest Control Fund, which is hereby continued in existence.
The moneys in this fund shall be expended for the pro rata cost of administration of the Department of Consumer Affairs and for the purpose of carrying out the provisions of this chapter.
DIVISION 19. STRUCTURAL PEST CONTROL BOARD
T of C STRUCTURAL PEST CONTROL BOARD Title 16
DIVISION 19. STRUCTURAL PEST CONTROL BOARD
TABLE OF CONTENTS
Article 1. General Provisions
Section
§ 1900 Locations of Offices
§ 1901 Tenses, Gender, and Numbers
§ 1902 Definitions
§ 1903 Delegation of Certain Functions
Article 2. Administration
Section
§ 1910 Robert’s Rules of Order
§ 1910.1 Emergency Conditions for Meetings and Additions to Meeting
Agendas
§ 1911 Addresses; Change of Address / Employment
§ 1912 Branch Offices Registration
§ 1913 Different Name Style – Same Entity
§ 1914 Name Style – Company Registration
§ 1914.1 Limitation Regarding Name Style
§ 1915 Change of Employment – Operator – Field Representative
§ 1916 Time Allowed – Replacing Qualifying Manager
§ 1917 Change of Name
§ 1918 Supervision of Registered Companies and Branch Offices
§ 1919 Research Advisory Panel
§ 1920 Citations and Fines
§ 1922 Civil Penalty Actions by Commissioners
§ 1922.3 Course Requirement by County Agricultural Commissioners
Article 3. Licensing
Section
§ 1934 Board – Approved Operator’s License Course
§ 1935 Examination Procedure
§ 1936 Form and Date for Filing Application for License
§ 1936.1 Form and Date for Filing Application for Company
Registration Certificate
§ 1936.2 Form for Filing Application for Applicator’s License
§ 1937 Qualification of Applicant
§ 1937.1 Substantial Relation Criteria
§ 1937.2 Criteria for Rehabilitation
§ 1937.11 Disciplinary Guidelines
T of C STRUCTURAL PEST CONTROL BOARD Title 16
§ 1937.12 Conditions of Probation
§ 1937.13 Posting Notice of Suspended Company Registration
§ 1937.14 Quality of Work Completed
§ 1937.16 Notice to Owner
§ 1937.17 Customer Notification
§ 1938 Group Qualification for Operator’s License
§ 1939 Fees
§ 1940 Notice of Operator’s and Field Representative’s Examinations
§ 1941 Failure to Appear for Operator’s or Field Representative’s
Examinations
§ 1942 Applicant Failing Operator’s or Field Representative’s
Examination
§ 1943 Unauthorized Assistance During Examination
§ 1944 Grades
§ 1945 Posting Names of Successful Applicants
§ 1946 Notice of Renewals
§ 1947 Time of Filing Application for Renewal – Paying Fee
§ 1948 Fees
Article 3.5 Continuing Education
Section
§ 1950 Continuing Education Requirements
§ 1950.1 Armed Services Exemption
§ 1950.5 Hour Value System
§ 1951 Examination in Lieu of Continuing Education
§ 1952 Inactive Licenses
§ 1953 Approval of Activities
Article 4. Fumigation and Pesticide Use
Section
§ 1970 Standards and Record Requirements
§ 1970.1 Enclosed Spaces
§ 1970.2 Fumigation Effectiveness
§ 1970.3 Securing Against Entry
§ 1970.4 Pesticide Disclosure Requirement
§ 1970.5 Commencing Aeration
§ 1970.6 Fumigation of Connecting Structures
§ 1971 Fumigation Safety Kit and Other Equipment
§ 1972 Warning Gases and Extraordinary Precautions
§ 1973 Re-Entry Requirements
§ 1974 Fumigation Warning Signs
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§ 1980 Sodium Fluoracetate – Compound 1080
§ 1981 Rodenticides and Avicides
§ 1982 Insecticides
§ 1983 Handling, Use, and Storage of Pesticides
§ 1984 Structural Integrated Pest Management
Article 5. Wood Destroying Organisms
Section
§ 1990 Report Requirements Under Section 8615(b)1-9, Inclusive
§ 1990.1 Report Requirements Under Section 8516.1(b) and (c)(1)-(8)
inclusive
§ 1991 Report Requirements Under Section 8516(b)10
§ 1991.1 Report Requirements Under Section 8516.1(c)(8)
§ 1992 Secondary Recommendations
§ 1993 Inspection Reports
§ 1993.1 Reinspection Language
§ 1993.2 Termite Bait Station
§ 1993.3 In-Ground Termite Bait Stations
§ 1994 Limited Inspection Reports
§ 1995 Limitation of Report
§ 1996 Requirements for Reporting All Inspections Under Section
8516(b)
§ 1996.1 Inspection and Completion Tags
§ 1996.2 Standard Notice of Work Completed and Not Completed
§ 1996.3 Requirements for Reporting Property Addresses
§ 1997 WDO Inspection and Completion Activity Fee
§ 1998 Reporting Requirements Under Section 8516(h)(4)
§ 1999.1 Suspension Period for Branch 3 Licenses
Article 6. Enforcement
Section
§ 1995.5 False and Misleading Advertising
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TITLE 16. PROFESSIONAL AND
VOCATIONAL REGULATIONS
DIVISION 19. STRUCTURAL PEST CONTROL BOARD
(ORIGINALLY PRINTED 12-5-46)
ARTICLE 1. General Provisions
§ 1900. Location of Offices.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Section 8530, Business and Professions Code.
HISTORY
1. Amendment filed 3-15-79; effective thirtieth day thereafter (Register 79, No. 11).
2. Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
§ 1901. Tenses, Gender, and Numbers.
HISTORY
1. Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
§ 1902. Definitions.
For the purpose of these rules and regulations, “board” means the State Structural Pest Control Board, and “code” means the Business and Professions Code.
NOTE: Authority cited: Sections 8520 and 8525, Business and Professions Code. Reference: Section 8525, Business and Professions Code.
HISTORY
1. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
§ 1903. Delegation of Certain Functions.
The board delegates to the registrar and executive secretary or in his or her absence from the office of the board, the acting registrar and executive secretary the power and discretion conferred by law upon the board to determine compliance by a licensee or registered company with the provisions of Chapter 14 of Division 3 of the code and rules and regulations adopted thereunder as follows:
(a) to send notices of non-compliance pursuant to Section 8622 of the code;
(b) to receive and file accusations;
(c) to issue notices of hearings, statement to respondent, and statements of issues;
(d) to receive and file notices of defense;
(e) to determine the time and place of hearing under Section 11508 of the Government Code;
(f) to issue subpoenas and subpoenas duces tecum;
(g) to set and calendar cases for hearings and perform other functions necessary to the efficient dispatch of the business of the board in connection with proceedings under the provisions of Sections 11510 through 11528 of the Government Code, prior to the hearing of such proceedings; and
(h) to certify and deliver or mail copies of decisions under Section 11518 of the Government Code.
NOTE: Authority cited: Sections 8520 and 8525, Business and Professions Code. Reference: Sections 8525 and 8622, Business and Professions Code; and Sections 11508 and 11510-11528, Government Code.
HISTORY
1. Amendment filed 5-8-80; effective thirtieth day thereafter (Register 80, No. 19).
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. 3).
ARTICLE 2. Administration
§ 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). 43L-15
STRUCTURAL PEST CONTROL BOARD Title 16
§ 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
1917 STRUCTURAL PEST CONTROL BOARD Title 16
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).
43L-8 STRUCTURAL PEST CONTROL BOARD Title 16
1918 STRUCTURAL PEST CONTROL BOARD Title 16
§ 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. This 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
1920 STRUCTURAL PEST CONTROL BOARD Title 16
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.
(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
1922 STRUCTURAL PEST CONTROL BOARD Title 16
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).
7. Amendment of subsection (b)(1) and repealer of subsections (b)(1)(A)-(D) filed 8-8-2013; operative 10-1-2013 (Register 2013, No. 32).
§ 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.”
1922.3 STRUCTURAL PEST CONTROL BOARD Title 16
(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).
1934 STRUCTURAL PEST CONTROL BOARD Title 16
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).
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-1 (Rev. 8/06) 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).
5. Amendment of subsection (a)(1) and relocation and amendment of Form 43L-1 from section 1936.1 filed 8-25-2006; operative 9-24-2006 (Register 2006, No. 34).
§ 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).
3. Relocation and amendment of Form 43L-1 to section 1936 and editorial correction of page order of Form 43L-14 filed 8-25-2006; operative 9-24-2006 (Register 2006, No. 34). 43L-26
STRUCTURAL PEST CONTROL BOARD Title 16
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§ 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).
43L-26 STRUCTURAL PEST CONTROL BOARD Title 16
83 43L-26 STRUCTURAL PEST CONTROL BOARD Title 16
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§ 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).
43L-21 STRUCTURAL PEST CONTROL BOARD Title 16
87 43L-21 STRUCTURAL PEST CONTROL BOARD Title 16
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§ 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. The minimum hour requirement must include training and experience in Integrated Pest Management as defined in section 1984, and the impact of structural pest control services on water quality.
Branch 3 A minimum of one hundred hours of training and experience, eighty hours of which are actual field work, required. The minimum hour requirement must include training and experience in Integrated Pest Management, and the impact of structural pest control services on water quality.
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).
7. Amendment of subsection (c) filed 3-20-2009; operative 4-19-2009 (Register 2009, No. 12).
§ 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” [Rev. 2010] 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).
2. Amendment of “A Manual of Disciplinary Guidelines and Model Disciplinary Orders” (incorporated by reference) and amendment of section filed 8-8-2013; operative 10-1-2013 (Register 2013, No. 32).
§ 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).
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. [Repealed]
HISTORY
1. Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
§ 1939. Fees. [Repealed]
HISTORY
1. Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39). 1940 STRUCTURAL PEST CONTROL BOARD Title 16
HISTORY
1. Repealer filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
1950 STRUCTURAL PEST CONTROL BOARD Title 16
(b) Pursuant to section 8564.5 of the code, the fee for examination for licensure as an applicator is $55.00 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 $65.00, 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 $50.00, 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).
15. Amendment of subsections (a)(3), (a)(8) and (b)-(d) filed 12-22-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 52).
ARTICLE 3.5. Continuing Education
§ 1950. Continuing Education Requirements.
(a) Except as provided in section 1951, every licensee is required, as a condition to renewal of a license, to certify that he or she has completed the continuing education requirements set forth in this article. A licensee who cannot verify completion of continuing education by producing certificates of activity completion, whenever requested to do so by the Board, may be subject to disciplinary action under section 8641 of the code.
(b) Each licensee is required to complete a certain number of continuing education hours during the three year renewal period. The number of hours required depends on the number of branches of pest control in which licenses are held. The subject matter covered by each activity shall be designated as “technical” or “general” by the Board when the activity is approved. Hour values shall be assigned by the Board to each approved educational activity, in accordance with the provisions of section 1950.5.
(c) Operators licensed in one branch of pest control shall complete 16 continuing education hours during each three year renewal period. Operators licensed in two branches of pest control shall complete 20 continuing education hours during each three year renewal period. Operators licensed in three branches of pest control shall complete 24 continuing education hours during each three year renewal period. In each case, a minimum of four continuing education hours in a technical subject directly related to each branch of pest control held by the licensee must be completed for each branch license, a minimum of two hours in Integrated Pest Management as defined in section 1984 must be completed by Branch 2 and/or 3 licensees renewing on or after June 30, 2010, and a minimum of eight hours must be completed from Board approved courses on the Structural Pest Control Act, the Rules and Regulations, or structural pest control related agencies’ rules and regulations.
(d) Field representatives licensed in one branch of pest control shall have completed 16 continuing education hours, field representatives licensed in two branches of pest control shall have completed 20 continuing education hours, field representatives licensed in three branches of pest control shall have completed 24 continuing education hours during each three year renewal period. In each case, a minimum of four continuing education hours in a technical subject directly related to each branch of pest control held by the licensee must be completed for each branch of pest control licensed, a minimum of two hours in Integrated Pest Management must be completed by Branch 2 and/or 3 licensees renewing on or after June 30, 2010, and a minimum of eight hours must be completed from Board approved courses on the Structural Pest Control Act, the Rules and Regulations, or structural pest control related agencies’ rules and regulations.
(e) For the renewal period ending December 31, 2008, and each subsequent renewal period up to the renewal period ending June 29, 2010, a licensed applicator shall have completed 12 hours of Board approved continuing education. Such continuing education shall consist of eight hours of continuing education covering pesticide application and use, and four hours covering the Structural Pest Control Act and its rules and regulations or structural pest related agencies’ rules and regulations.
(f) For the renewal period ending June 30, 2010 and each subsequent renewal period, a licensed applicator shall have completed 12 hours of Board approved continuing education. Such continuing education shall consist of six hours continuing education covering pesticide application and use, two hours covering Integrated Pest Management, and four hours covering the Structural Pest Control Act and its rules and regulations or structural pest related agencies’ rules and regulations.
(g) Operators who hold a field representative’s license in a branch of pest control in which they do not hold an operator’s license must complete four of the continuing education hours required by section 1950(c) in a technical subject directly related to the branch or branches of pest control in which the field representative’s license is held, in order to keep the field representative’s license active.
(h) No course, including complete operator’s courses developed pursuant to section 8565.5, may be taken more than once during a renewal period for continuing education hours.
NOTE: Authority cited: Section 8525, Business and Professions Code. Reference: Sections 8560 and 8593, Business and Professions Code.
HISTORY
1. Amendment filed 6-13-91; operative 7-13-91 (Register 91, No. 41).
2. Amendment filed 5-12-94; operative 6-13-94 (Register 94, No. 19).
3. Amendment of subsections (c) and (d) filed 8-12-96; operative 9-11-96 (Register 96, No. 33).
4. Change without regulatory effect amending subsections (c) and (d) filed 4-6-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 14).
5. Change without regulatory effect amending subsections (c)-(e) filed 3-26-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 13).
6. New subsection (e) and subsection relettering filed 3-21-2006; operative 4-20-2006 (Register 2006, No. 12).
7. Amendment of subsections (b)-(e), new subsection (f), subsection relettering and amendment of newly designated subsection (g) filed 3-20-2009; operative 4-19-2009 (Register 2009, No. 12).