SECTIONS 8698-8698.6

8698.  The Director of the Department of Pesticide Regulation shallprovide oversight for the purposes of carrying out Section 8698.1.The Los Angeles County Agricultural Commissioner, the Orange CountyAgricultural Commissioner, the Santa Clara County AgriculturalCommissioner, and the San Diego County Agricultural Commissioner mayperform increased structural fumigation, inspection, and enforcementactivities, to be funded by the five dollar ($5) fee collectedpursuant to Section 8698.1.8698.1.  (a) Any person who performs a structural fumigation in LosAngeles County, Orange County, Santa Clara County, or San DiegoCounty shall pay to the county agricultural commissioner a fee offive dollars ($5) for each treatment conducted at a specific buildingor structure. (b) The fees shall be submitted by the 10th day of the monthfollowing the month in which the treatment was performed. The feesshall be accompanied by a copy of a monthly pesticide use reportshowing the addresses, including the department number if applicable,of all structural fumigations. The report shall be in a formrequired by the director, shall identify the name and address of theperson or company performing the fumigation, and shall include anyother information requested by the director.8698.2.  The Director of the Department of Pesticide Regulation mayadopt regulations to carry out the provisions of this chapter. Inadopting regulations the director shall, in consultation with theStructural Pest Control Board, review recommendations from anyindividual, including any licensed pest control operator regardingmatters which pertain to the use of structural fumigation to controlpests. The director shall respond within a reasonable period of timeto recommendations which the director deems are practicable and inthe interest of the structural pest control industry and the public.The response of the director shall be in writing and shall containstatements regarding reasons for acceptance or rejection of arecommendation.8698.3.  (a) The Director of the Department of Pesticide Regulationmay levy a civil penalty against a person violating this chapter,including any regulation adopted pursuant to this chapter. (b) Before a civil penalty is levied, the person charged with theviolation shall receive notice of the nature of the violation andshall be given an opportunity to be heard, including the right toreview the director's evidence and a right to present evidence on hisor her own behalf. (c) Review of the decision of the director may be sought by theperson against whom the penalty was levied, within 30 days ofreceiving notice of the decision, pursuant to Section 1094.5 of theCode of Civil Procedure. (d) After the exhaustion of the review procedure provided in thissection, the director, or his or her representative, may file acertified copy of a final decision of the director that directs thepayment of a civil penalty and, if applicable, any order that deniesa petition for a writ of administrative mandamus, with the clerk ofthe superior court of any county. Judgment shall be enteredimmediately by the clerk in conformity with the decision or order. Nofees shall be charged by the clerk of the superior court for theperformance of any official service required in connection with theentry of judgment pursuant to this section.8698.5.  Funds collected pursuant to this chapter shall be paid tothe county and used for the sole purpose of funding enforcement andtraining activities directly related to the structural fumigationprogram created pursuant to Section 8698. The fees collected underthis chapter shall be in addition to, and shall not be used tosupplant, other funds provided to the county agriculturalcommissioner pursuant to Section 12844 of the Food and AgriculturalCode.8698.6.  This chapter shall remain in effect only until January 1,2014, and as of that date is repealed, unless a later enactedstatute, which is chaptered before January 1, 2014, deletes orextends that date.