8560. (a) Licenses issued to operators, field representatives, or
applicators shall be limited to the branch or branches of pest
control for which the applicant has qualified by application and
examination.
For the purpose of delimiting the type and character of work
authorized by the various branch licenses, the practice of pest
control is classified into the following branches:
Branch 1. Fumigation. The practice relating to the control of
household and wood-destroying pests or organisms by fumigation with
poisonous or lethal gases.
Branch 2. General pest. The practice relating to the control of
household pests, excluding fumigation with poisonous or lethal gases.
Branch 3. Termite. The practice relating to the control of
wood-destroying pests or organisms by the use of insecticides, or
structural repairs and corrections, excluding fumigation with
poisonous or lethal gases.
(b) The board may issue a license for a combination of two or more
branches for which an applicant qualifies under the provisions of
this chapter, and the combination license shall be considered one
license.
(c) Unless otherwise authorized by the board, all written
examinations shall be in ink in books supplied by the board. All
examination papers shall be kept for a period of one year, upon the
expiration of which these papers may be destroyed on order of the
board. Each applicant for license as an operator or a field
representative shall be designated by a number instead of by name,
and the identity thereof shall not be disclosed until the examination
papers are graded. No person shall be admitted to the examination
room except members of the board, the examining personnel, and the
applicants for license.
(d) The board shall make rules and regulations for the purpose of
securing fair, impartial, and proper examinations.
(e) Licensees may be licensed in other branches upon complying
with the requirements for qualification and by examination in those
other branches. No failure of the licensee to pass examination in the
other branch or branches shall have any effect on existing licenses.
(f) The examination shall be in each of the subjects specified in
the branch or branches relating to the respective applications. A
license according to the applications shall be granted to any
applicant who shall make a general average of not less than 70
percent on each of the subjects of the branch or branches.
8561. Any individual 18 years of age or over may apply for a
license as an operator.
The applicant shall possess the qualifications and be examined as
hereinafter prescribed. The applicant shall apply to the board for
the issuance of an operator's license within one year of passing the
examination.
8562. To obtain an original operator's license, an applicant shall
submit to the registrar an application in writing containing the
statement that the applicant desires the issuance of an operator's
license under the terms of this chapter.
The application shall be made on forms prescribed by the board and
issued by the registrar in accordance with rules and regulations
adopted by the board, and shall contain the following:
(a) The name of the applicant.
(b) Proof satisfactory to the board that the applicant has had
actual experience for a period of not less than the time specified
opposite the branches of pest control listed below in the employ of a
registered company in the State of California in the particular
branch or branches of pest control for which the applicant desires to
be licensed, or the equivalent of that experience:
Branch 1..................... 2 years
Branch 2..................... 2 years
Branch 3..................... 4 years
For the purpose of this subdivision one year shall equal 1,600
hours of actual experience in the field.
(c) A designation of the branch or branches for which the
application is made.
(d) The fees prescribed by this chapter.
(e) No operator's license shall be issued to an individual under
18 years of age.
(f) Effective January 1, 1993, an operator's license shall not be
issued to an individual unless that individual has been licensed as a
field representative in the branch in which the individual has
applied for an operator's license for a period of at least one year,
in the case of Branches 1 and 2, or for a period of at least two
years for Branch 3, or has demonstrated to the satisfaction of the
board that he or she has the equivalent of that training and
experience.
8563. Any individual 18 years of age or over may apply for a
license as field representative.
The applicant shall possess the qualifications and be examined as
hereinafter prescribed. The applicant shall apply to the board for
the issuance of a field representative's license within one year from
the date the applicant passes the examination.
8564. To obtain an original field representative's license, an
applicant shall submit to the registrar an application in writing
containing a statement that the applicant desires the issuance of a
field representative's license under the terms of this chapter.
The application shall be made on a form prescribed by the board
and issued by the registrar in accordance with rules and regulations
adopted by the board, and shall contain the following:
(a) The length of time during which the applicant has engaged in
any work relating to pest control.
(b) The name and place of business of the person who last employed
him or her.
(c) The name of the person by whom the applicant is employed.
(d) The name of the registered company by which the applicant is
to be employed.
(e) The fees prescribed by this chapter.
The board shall not accept any application for a field
representative's license in Branch 1 unless the applicant submits
proof satisfactory to the board that he or she has had six months'
training and experience in the practice of fumigating with poisonous
or lethal gases under the immediate supervision of an individual
licensed to practice fumigating, or the equivalent of that training
and experience.
The board shall not accept any application for a field
representative's license in Branch 2 unless the applicant submits
proof satisfactory to the board that he or she has had training and
experience in the practice of pesticide application, Branch 2 pest
identification and biology, pesticide application equipment, and
pesticide hazards and safety practice under the immediate supervision
of an operator or field representative licensed in Branch 2, or the
equivalent of that training and experience.
The board shall not accept any application for a field
representative's license in Branch 3 unless the applicant submits
proof satisfactory to the board that he or she has had training and
experience in the practice of pesticide application, Branch 3 pest
identification and biology, pesticide application equipment,
pesticide hazards and safety practices, structural repairs, and
structural inspection procedures and report writing under the
immediate supervision of an operator or field representative licensed
in Branch 3, or the equivalent of that training and experience.
8564.5. (a) Any individual 18 years of age or older may apply for a
license as applicator.
(b) The board shall ascertain by written examination that an
applicant for a license as applicator in Branch 2 or Branch 3 has
sufficient knowledge in pesticide equipment, pesticide mixing and
formulation, pesticide application procedures and pesticide label
directions.
(c) Passage of the written examination authorizes an individual to
apply any chemical substance in Branch 2 or Branch 3.
(d) The board may charge a fee for any examination required by
this section in an amount sufficient to cover the cost of
administering the examination, provided, however, that the fee shall
not exceed fifteen dollars ($15).
(e) Nothing in this chapter shall prohibit an applicator,
authorized to apply any chemical substance in Branch 2 or Branch 3
before January 1, 1995, from acting as an applicator pursuant to that
authorization. Upon expiration of the authorization, an applicator's
license shall be required.
8564.6. To obtain an original applicator's license, an applicant
shall submit to the registrar an application in writing containing a
statement that the applicant requests the issuance of an applicator's
license under the terms of this chapter.
The application shall be made on a form prescribed by the board
and issued by the registrar in accordance with rules and regulations
adopted by the board and shall contain the following:
(a) The name of the registered company by which the applicant is
to be employed.
(b) The fee prescribed by this chapter.
8565. The board shall ascertain by written examination that an
applicant for a license as operator is qualified in the use and
understanding of all of the following:
(a) The English language, including reading, writing, and
spelling.
(b) The building and safety laws of the state and any of its
political subdivisions, if the branch or branches of pest control for
which he or she is applying, require that knowledge.
(c) The labor laws of the state.
(d) The provisions of this chapter.
(e) Poisonous and other dangerous chemicals used in pest control,
if the branch license or licenses for which he or she is applying,
require that knowledge.
(f) The theory and practice of the branch or branches of pest
control in which the applicant desires to be licensed.
(g) Other state laws, safety or health measures, or practices that
are reasonably within the scope of structural pest control in the
various branches, including an applicant's knowledge of the
requirements regarding health effects and restrictions on
applications, as set forth in Section 8538.
8565.5. (a) An applicant for a Branch 1 operator's license shall
demonstrate to the board that he or she has passed satisfactorily
board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(6) Fumigation safety.
(b) An applicant for a Branch 2 operator's license shall
demonstrate to the board that he or she has passed satisfactorily
board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(c) An applicant for a Branch 3 operator's license shall
demonstrate to the board that he or she has passed satisfactorily
board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(6) Construction repair and preservation techniques.
8565.6. An applicant for a Branch 2 license may elect to be
certified in the handling, control, and techniques of removal of
Africanized honey bees. The board shall develop a program to certify
applicants in this specialty, or may approve a program for
certification developed by the Pest Control Operators of California.
8566. The board shall ascertain by written examination that an
applicant for a license as field representative is qualified in the
use and understanding of the following:
(a) The safety laws of the state, if the branch or branches of
pest control for which he or she is applying, require that knowledge.
(b) The provisions of this chapter.
(c) Poisonous and other dangerous chemicals used in pest control,
if the branch or branches of pest control for which he or she is
applying, require that knowledge.
(d) The theory and practice of pest control in the branch or
branches thereof for which the applicant desires to be licensed.
(e) Other state laws, safety or health measures, or practices as
are reasonably within the scope of structural pest control in the
various branches.
8566.5. An individual shall be permitted to hold only one license
in the same branch at the same time.
If an individual who holds an operator's license requests to be
licensed as a field representative or applicator, he or she may apply
for a field representative's license or applicator's license and
shall be granted the license without examination, if he or she
surrenders his or her operator's license to the board, and provided
that no disciplinary action has been initiated against the operator's
license prior to the date of the individual's application for a
field representative's license or applicator's license.
If an individual who holds a field representative's license
requests to be licensed as an applicator, he or she may apply for an
applicator's license and he or she shall be granted the license
without examination, if he or she surrenders his or her field
representative's license to the board, and if no disciplinary action
has been initiated against the field representative's license prior
to the date of the individual's application for an applicator's
license.
8567. Should a field representative or applicator change his or her
employment, or should an operator enter the employ of a registered
company, or being already employed by a registered company change his
or her employment, or being employed by a registered company leave
that employment and enter the pest control business on his or her own
behalf, he or she shall notify the registrar in writing, on a form
prescribed by the board and issued by the registrar in accordance
with rules and regulations adopted by the board. Whereupon the
registrar shall register the change in his or her records.
8568. After a hearing the board may deny a license or a company
registration unless the applicant makes a showing satisfactory to the
board that the applicant, if an individual, has not, or if the
applicant is a company applying for a company registration, that its
manager and each of its officers, directors, employees, members and
partners have not:
(a) Committed any act or crime constituting grounds for denial of
licensure under Section 480.
(b) While unlicensed or not registered, knowingly committed or
aided and abetted the commission of any act for which a license or
company registration is required under this chapter.
(c) While acting as a partner, officer, managing employee, or
qualifying manager of a firm, partnership, or corporation, had
knowledge of and participated in the commission of any act resulting
in the suspension or revocation of a license or company registration.
When a hearing is held under this section it shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the board shall
have all of the powers granted therein.
8569. In addition to the partner or other individual designated as
the qualifying manager for a registered company which is organized as
a partnership, if any of the company's partners desire to actively
engage in pest control on behalf of the partnership each shall be
required to qualify for and to be licensed as an operator or field
representative.
Nothing in this chapter shall prohibit any partner who is duly
qualified and licensed in one or more of the branches of pest control
designated in Section 8560, from representing the partnership in any
other branch of pest control for which the partnership is
registered, except that he or she may actively engage in pest control
as an operator or field representative only in the branch for which
he or she is qualified and licensed.
Upon being licensed as an operator or field representative, the
other partner may engage in pest control only on behalf of the
partnership of which he or she is a member, as long as he or she
remains a partner thereof, but he or she may become associated with
another partnership, or with a firm or corporation, in a capacity
other than as a qualifying manager.
8570. In addition to the officer or other individual designated as
the qualifying manager for a registered company which is organized as
an association or corporation, if any of the company's other
officers desire to actively engage in pest control in behalf of the
association or corporation, each shall be required to qualify for and
to be licensed as an operator or field representative.
Nothing in this chapter shall prohibit any officer of such
corporation who is duly qualified and licensed in one or more of the
branches of pest control designated in Section 8560, from
representing the corporation in any other branch of pest control for
which the corporation is registered, except that he or she may
actively engage in pest control as an operator or field
representative only in the branch for which he or she is qualified
and licensed.
Upon being licensed as an operator or field representative, the
officer may engage in pest control only on behalf of the association
or corporation of which he or she is an officer, so long as he or she
remains an officer thereof, but he or she may become associated with
another association or corporation, or with a firm or partnership,
in a capacity other than as a qualifying manager.
8571. If the licensed operator who is designated as the qualifying
manager for a registered company ceases for any reason whatsoever to
be connected with the company, the company shall notify the registrar
in writing within 10 days from such cessation. If the notice is
given the registration shall remain in force for a reasonable length
of time, to be determined by rules of the board, during which period
the company must submit to the registrar in writing the name of
another qualified, or to be qualified, qualifying manager to replace
the qualifying manager who has ceased to be connected with it, and
who shall qualify as such within the time allowed by rules and
regulations of the board.
If the company fails to notify the registrar within the 10-day
period, or fails to replace with a qualifying manager within the
period fixed by the regulations of the board, at the end of the
period the registration shall be ipso facto suspended. The
registration shall be reinstated upon the filing of an affidavit,
executed by a representative of the company, and filed with the
registrar, to the effect that the qualifying manager who ceased to be
connected with the company has been replaced by another operator who
is authorized by this chapter to act in such capacity, and that such
operator has not had his or her license suspended or revoked or that
he or she has not been connected with a company which has had its
registration suspended or revoked.
8572. (a) Notwithstanding any other provision of law, the board
may, in its sole discretion, issue a probationary license to an
applicant subject to terms and conditions deemed appropriate by the
board, including, but not limited to, the following:
(1) Continuing medical, psychiatric, or psychological treatment.
(2) Ongoing participation in a specified rehabilitation program.
(3) Abstention from the use of alcohol or drugs.
(4) Compliance with all provisions of this chapter.
(b) (1) Notwithstanding any other provision of law, and for
purposes of this section, when deciding whether to issue a
probationary license, the board shall request that an applicant with
a dismissed conviction provide proof of that dismissal and shall give
special consideration to applicants whose convictions have been
dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code.
(2) The board shall also take into account and consider any other
reasonable documents or individual character references provided by
the applicant that may serve as evidence of rehabilitation as deemed
appropriate by the board.
(c) The board may modify or terminate the terms and conditions
imposed on the probationary license upon receipt of a petition from
the applicant or licensee.
(d) For purposes of issuing a probationary license to qualified
new applicants, the board shall develop standard terms of probation
that shall include, but not be limited to, the following:
(1) A three-year limit on the individual probationary license.
(2) A process to obtain a standard license for applicants who were
issued a probationary license.
(3) Supervision requirements.
(4) Compliance and quarterly reporting requirements.
8560. (a) Licenses issued to operators, field representatives, or
applicators shall be limited to the branch or branches of pest
control for which the applicant has qualified by application and
examination.
For the purpose of delimiting the type and character of work
authorized by the various branch licenses, the practice of pest
control is classified into the following branches:
Branch 1. Fumigation. The practice relating to the control of
household and wood-destroying pests or organisms by fumigation with
poisonous or lethal gases.
Branch 2. General pest. The practice relating to the control of
household pests, excluding fumigation with poisonous or lethal gases.
Branch 3. Termite. The practice relating to the control of
wood-destroying pests or organisms by the use of insecticides, or
structural repairs and corrections, excluding fumigation with
poisonous or lethal gases.
(b) The board may issue a license for a combination of two or more
branches for which an applicant qualifies under the provisions of
this chapter, and the combination license shall be considered one
license.
(c) Unless otherwise authorized by the board, all written
examinations shall be in ink in books supplied by the board. All
examination papers shall be kept for a period of one year, upon the
expiration of which these papers may be destroyed on order of the
board. Each applicant for license as an operator or a field
representative shall be designated by a number instead of by name,
and the identity thereof shall not be disclosed until the examination
papers are graded. No person shall be admitted to the examination
room except members of the board, the examining personnel, and the
applicants for license.
(d) The board shall make rules and regulations for the purpose of
securing fair, impartial, and proper examinations.
(e) Licensees may be licensed in other branches upon complying
with the requirements for qualification and by examination in those
other branches. No failure of the licensee to pass examination in the
other branch or branches shall have any effect on existing licenses.
(f) The examination shall be in each of the subjects specified in
the branch or branches relating to the respective applications. A
license according to the applications shall be granted to any
applicant who shall make a general average of not less than 70
percent on each of the subjects of the branch or branches.
8561. Any individual 18 years of age or over may apply for a
license as an operator.
The applicant shall possess the qualifications and be examined as
hereinafter prescribed. The applicant shall apply to the board for
the issuance of an operator's license within one year of passing the
examination.
8562. To obtain an original operator's license, an applicant shall
submit to the registrar an application in writing containing the
statement that the applicant desires the issuance of an operator's
license under the terms of this chapter.
The application shall be made on forms prescribed by the board and
issued by the registrar in accordance with rules and regulations
adopted by the board, and shall contain the following:
(a) The name of the applicant.
(b) Proof satisfactory to the board that the applicant has had
actual experience for a period of not less than the time specified
opposite the branches of pest control listed below in the employ of a
registered company in the State of California in the particular
branch or branches of pest control for which the applicant desires to
be licensed, or the equivalent of that experience:
Branch 1..................... 2 years
Branch 2..................... 2 years
Branch 3..................... 4 years
For the purpose of this subdivision one year shall equal 1,600
hours of actual experience in the field.
(c) A designation of the branch or branches for which the
application is made.
(d) The fees prescribed by this chapter.
(e) No operator's license shall be issued to an individual under
18 years of age.
(f) Effective January 1, 1993, an operator's license shall not be
issued to an individual unless that individual has been licensed as a
field representative in the branch in which the individual has
applied for an operator's license for a period of at least one year,
in the case of Branches 1 and 2, or for a period of at least two
years for Branch 3, or has demonstrated to the satisfaction of the
board that he or she has the equivalent of that training and
experience.
8563. Any individual 18 years of age or over may apply for a
license as field representative.
The applicant shall possess the qualifications and be examined as
hereinafter prescribed. The applicant shall apply to the board for
the issuance of a field representative's license within one year from
the date the applicant passes the examination.
8564. To obtain an original field representative's license, an
applicant shall submit to the registrar an application in writing
containing a statement that the applicant desires the issuance of a
field representative's license under the terms of this chapter.
The application shall be made on a form prescribed by the board
and issued by the registrar in accordance with rules and regulations
adopted by the board, and shall contain the following:
(a) The length of time during which the applicant has engaged in
any work relating to pest control.
(b) The name and place of business of the person who last employed
him or her.
(c) The name of the person by whom the applicant is employed.
(d) The name of the registered company by which the applicant is
to be employed.
(e) The fees prescribed by this chapter.
The board shall not accept any application for a field
representative's license in Branch 1 unless the applicant submits
proof satisfactory to the board that he or she has had six months'
training and experience in the practice of fumigating with poisonous
or lethal gases under the immediate supervision of an individual
licensed to practice fumigating, or the equivalent of that training
and experience.
The board shall not accept any application for a field
representative's license in Branch 2 unless the applicant submits
proof satisfactory to the board that he or she has had training and
experience in the practice of pesticide application, Branch 2 pest
identification and biology, pesticide application equipment, and
pesticide hazards and safety practice under the immediate supervision
of an operator or field representative licensed in Branch 2, or the
equivalent of that training and experience.
The board shall not accept any application for a field
representative's license in Branch 3 unless the applicant submits
proof satisfactory to the board that he or she has had training and
experience in the practice of pesticide application, Branch 3 pest
identification and biology, pesticide application equipment,
pesticide hazards and safety practices, structural repairs, and
structural inspection procedures and report writing under the
immediate supervision of an operator or field representative licensed
in Branch 3, or the equivalent of that training and experience.
8564.5. (a) Any individual 18 years of age or older may apply for a
license as applicator.
(b) The board shall ascertain by written examination that an
applicant for a license as applicator in Branch 2 or Branch 3 has
sufficient knowledge in pesticide equipment, pesticide mixing and
formulation, pesticide application procedures and pesticide label
directions.
(c) Passage of the written examination authorizes an individual to
apply any chemical substance in Branch 2 or Branch 3.
(d) The board may charge a fee for any examination required by
this section in an amount sufficient to cover the cost of
administering the examination, provided, however, that the fee shall
not exceed fifteen dollars ($15).
(e) Nothing in this chapter shall prohibit an applicator,
authorized to apply any chemical substance in Branch 2 or Branch 3
before January 1, 1995, from acting as an applicator pursuant to that
authorization. Upon expiration of the authorization, an applicator's
license shall be required.
8564.6. To obtain an original applicator's license, an applicant
shall submit to the registrar an application in writing containing a
statement that the applicant requests the issuance of an applicator's
license under the terms of this chapter.
The application shall be made on a form prescribed by the board
and issued by the registrar in accordance with rules and regulations
adopted by the board and shall contain the following:
(a) The name of the registered company by which the applicant is
to be employed.
(b) The fee prescribed by this chapter.
8565. The board shall ascertain by written examination that an
applicant for a license as operator is qualified in the use and
understanding of all of the following:
(a) The English language, including reading, writing, and
spelling.
(b) The building and safety laws of the state and any of its
political subdivisions, if the branch or branches of pest control for
which he or she is applying, require that knowledge.
(c) The labor laws of the state.
(d) The provisions of this chapter.
(e) Poisonous and other dangerous chemicals used in pest control,
if the branch license or licenses for which he or she is applying,
require that knowledge.
(f) The theory and practice of the branch or branches of pest
control in which the applicant desires to be licensed.
(g) Other state laws, safety or health measures, or practices that
are reasonably within the scope of structural pest control in the
various branches, including an applicant's knowledge of the
requirements regarding health effects and restrictions on
applications, as set forth in Section 8538.
8565.5. (a) An applicant for a Branch 1 operator's license shall
demonstrate to the board that he or she has passed satisfactorily
board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(6) Fumigation safety.
(b) An applicant for a Branch 2 operator's license shall
demonstrate to the board that he or she has passed satisfactorily
board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(c) An applicant for a Branch 3 operator's license shall
demonstrate to the board that he or she has passed satisfactorily
board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(6) Construction repair and preservation techniques.
8565.6. An applicant for a Branch 2 license may elect to be
certified in the handling, control, and techniques of removal of
Africanized honey bees. The board shall develop a program to certify
applicants in this specialty, or may approve a program for
certification developed by the Pest Control Operators of California.
8566. The board shall ascertain by written examination that an
applicant for a license as field representative is qualified in the
use and understanding of the following:
(a) The safety laws of the state, if the branch or branches of
pest control for which he or she is applying, require that knowledge.
(b) The provisions of this chapter.
(c) Poisonous and other dangerous chemicals used in pest control,
if the branch or branches of pest control for which he or she is
applying, require that knowledge.
(d) The theory and practice of pest control in the branch or
branches thereof for which the applicant desires to be licensed.
(e) Other state laws, safety or health measures, or practices as
are reasonably within the scope of structural pest control in the
various branches.
8566.5. An individual shall be permitted to hold only one license
in the same branch at the same time.
If an individual who holds an operator's license requests to be
licensed as a field representative or applicator, he or she may apply
for a field representative's license or applicator's license and
shall be granted the license without examination, if he or she
surrenders his or her operator's license to the board, and provided
that no disciplinary action has been initiated against the operator's
license prior to the date of the individual's application for a
field representative's license or applicator's license.
If an individual who holds a field representative's license
requests to be licensed as an applicator, he or she may apply for an
applicator's license and he or she shall be granted the license
without examination, if he or she surrenders his or her field
representative's license to the board, and if no disciplinary action
has been initiated against the field representative's license prior
to the date of the individual's application for an applicator's
license.
8567. Should a field representative or applicator change his or her
employment, or should an operator enter the employ of a registered
company, or being already employed by a registered company change his
or her employment, or being employed by a registered company leave
that employment and enter the pest control business on his or her own
behalf, he or she shall notify the registrar in writing, on a form
prescribed by the board and issued by the registrar in accordance
with rules and regulations adopted by the board. Whereupon the
registrar shall register the change in his or her records.
8568. After a hearing the board may deny a license or a company
registration unless the applicant makes a showing satisfactory to the
board that the applicant, if an individual, has not, or if the
applicant is a company applying for a company registration, that its
manager and each of its officers, directors, employees, members and
partners have not:
(a) Committed any act or crime constituting grounds for denial of
licensure under Section 480.
(b) While unlicensed or not registered, knowingly committed or
aided and abetted the commission of any act for which a license or
company registration is required under this chapter.
(c) While acting as a partner, officer, managing employee, or
qualifying manager of a firm, partnership, or corporation, had
knowledge of and participated in the commission of any act resulting
in the suspension or revocation of a license or company registration.
When a hearing is held under this section it shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the board shall
have all of the powers granted therein.
8569. In addition to the partner or other individual designated as
the qualifying manager for a registered company which is organized as
a partnership, if any of the company's partners desire to actively
engage in pest control on behalf of the partnership each shall be
required to qualify for and to be licensed as an operator or field
representative.
Nothing in this chapter shall prohibit any partner who is duly
qualified and licensed in one or more of the branches of pest control
designated in Section 8560, from representing the partnership in any
other branch of pest control for which the partnership is
registered, except that he or she may actively engage in pest control
as an operator or field representative only in the branch for which
he or she is qualified and licensed.
Upon being licensed as an operator or field representative, the
other partner may engage in pest control only on behalf of the
partnership of which he or she is a member, as long as he or she
remains a partner thereof, but he or she may become associated with
another partnership, or with a firm or corporation, in a capacity
other than as a qualifying manager.
8570. In addition to the officer or other individual designated as
the qualifying manager for a registered company which is organized as
an association or corporation, if any of the company's other
officers desire to actively engage in pest control in behalf of the
association or corporation, each shall be required to qualify for and
to be licensed as an operator or field representative.
Nothing in this chapter shall prohibit any officer of such
corporation who is duly qualified and licensed in one or more of the
branches of pest control designated in Section 8560, from
representing the corporation in any other branch of pest control for
which the corporation is registered, except that he or she may
actively engage in pest control as an operator or field
representative only in the branch for which he or she is qualified
and licensed.
Upon being licensed as an operator or field representative, the
officer may engage in pest control only on behalf of the association
or corporation of which he or she is an officer, so long as he or she
remains an officer thereof, but he or she may become associated with
another association or corporation, or with a firm or partnership,
in a capacity other than as a qualifying manager.
8571. If the licensed operator who is designated as the qualifying
manager for a registered company ceases for any reason whatsoever to
be connected with the company, the company shall notify the registrar
in writing within 10 days from such cessation. If the notice is
given the registration shall remain in force for a reasonable length
of time, to be determined by rules of the board, during which period
the company must submit to the registrar in writing the name of
another qualified, or to be qualified, qualifying manager to replace
the qualifying manager who has ceased to be connected with it, and
who shall qualify as such within the time allowed by rules and
regulations of the board.
If the company fails to notify the registrar within the 10-day
period, or fails to replace with a qualifying manager within the
period fixed by the regulations of the board, at the end of the
period the registration shall be ipso facto suspended. The
registration shall be reinstated upon the filing of an affidavit,
executed by a representative of the company, and filed with the
registrar, to the effect that the qualifying manager who ceased to be
connected with the company has been replaced by another operator who
is authorized by this chapter to act in such capacity, and that such
operator has not had his or her license suspended or revoked or that
he or she has not been connected with a company which has had its
registration suspended or revoked.
8572. (a) Notwithstanding any other provision of law, the board
may, in its sole discretion, issue a probationary license to an
applicant subject to terms and conditions deemed appropriate by the
board, including, but not limited to, the following:
(1) Continuing medical, psychiatric, or psychological treatment.
(2) Ongoing participation in a specified rehabilitation program.
(3) Abstention from the use of alcohol or drugs.
(4) Compliance with all provisions of this chapter.
(b) (1) Notwithstanding any other provision of law, and for
purposes of this section, when deciding whether to issue a
probationary license, the board shall request that an applicant with
a dismissed conviction provide proof of that dismissal and shall give
special consideration to applicants whose convictions have been
dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code.
(2) The board shall also take into account and consider any other
reasonable documents or individual character references provided by
the applicant that may serve as evidence of rehabilitation as deemed
appropriate by the board.
(c) The board may modify or terminate the terms and conditions
imposed on the probationary license upon receipt of a petition from
the applicant or licensee.
(d) For purposes of issuing a probationary license to qualified
new applicants, the board shall develop standard terms of probation
that shall include, but not be limited to, the following:
(1) A three-year limit on the individual probationary license.
(2) A process to obtain a standard license for applicants who were
issued a probationary license.
(3) Supervision requirements.
(4) Compliance and quarterly reporting requirements.
8560. (a) Licenses issued to operators, field representatives, or
applicators shall be limited to the branch or branches of pest
control for which the applicant has qualified by application and
examination.
For the purpose of delimiting the type and character of work
authorized by the various branch licenses, the practice of pest
control is classified into the following branches:
Branch 1. Fumigation. The practice relating to the control of
household and wood-destroying pests or organisms by fumigation with
poisonous or lethal gases.
Branch 2. General pest. The practice relating to the control of
household pests, excluding fumigation with poisonous or lethal gases.
Branch 3. Termite. The practice relating to the control of
wood-destroying pests or organisms by the use of insecticides, or
structural repairs and corrections, excluding fumigation with
poisonous or lethal gases.
(b) The board may issue a license for a combination of two or more
branches for which an applicant qualifies under the provisions of
this chapter, and the combination license shall be considered one
license.
(c) Unless otherwise authorized by the board, all written
examinations shall be in ink in books supplied by the board. All
examination papers shall be kept for a period of one year, upon the
expiration of which these papers may be destroyed on order of the
board. Each applicant for license as an operator or a field
representative shall be designated by a number instead of by name,
and the identity thereof shall not be disclosed until the examination
papers are graded. No person shall be admitted to the examination
room except members of the board, the examining personnel, and the
applicants for license.
(d) The board shall make rules and regulations for the purpose of
securing fair, impartial, and proper examinations.
(e) Licensees may be licensed in other branches upon complying
with the requirements for qualification and by examination in those
other branches. No failure of the licensee to pass examination in the
other branch or branches shall have any effect on existing licenses.
(f) The examination shall be in each of the subjects specified in
the branch or branches relating to the respective applications. A
license according to the applications shall be granted to any
applicant who shall make a general average of not less than 70
percent on each of the subjects of the branch or branches.
8561. Any individual 18 years of age or over may apply for a
license as an operator.
The applicant shall possess the qualifications and be examined as
hereinafter prescribed. The applicant shall apply to the board for
the issuance of an operator's license within one year of passing the
examination.
8562. To obtain an original operator's license, an applicant shall
submit to the registrar an application in writing containing the
statement that the applicant desires the issuance of an operator's
license under the terms of this chapter.
The application shall be made on forms prescribed by the board and
issued by the registrar in accordance with rules and regulations
adopted by the board, and shall contain the following:
(a) The name of the applicant.
(b) Proof satisfactory to the board that the applicant has had
actual experience for a period of not less than the time specified
opposite the branches of pest control listed below in the employ of a
registered company in the State of California in the particular
branch or branches of pest control for which the applicant desires to
be licensed, or the equivalent of that experience:
Branch 1..................... 2 years
Branch 2..................... 2 years
Branch 3..................... 4 years
For the purpose of this subdivision one year shall equal 1,600
hours of actual experience in the field.
(c) A designation of the branch or branches for which the
application is made.
(d) The fees prescribed by this chapter.
(e) No operator's license shall be issued to an individual under
18 years of age.
(f) Effective January 1, 1993, an operator's license shall not be
issued to an individual unless that individual has been licensed as a
field representative in the branch in which the individual has
applied for an operator's license for a period of at least one year,
in the case of Branches 1 and 2, or for a period of at least two
years for Branch 3, or has demonstrated to the satisfaction of the
board that he or she has the equivalent of that training and
experience.
8563. Any individual 18 years of age or over may apply for a
license as field representative.
The applicant shall possess the qualifications and be examined as
hereinafter prescribed. The applicant shall apply to the board for
the issuance of a field representative's license within one year from
the date the applicant passes the examination.
8564. To obtain an original field representative's license, an
applicant shall submit to the registrar an application in writing
containing a statement that the applicant desires the issuance of a
field representative's license under the terms of this chapter.
The application shall be made on a form prescribed by the board
and issued by the registrar in accordance with rules and regulations
adopted by the board, and shall contain the following:
(a) The length of time during which the applicant has engaged in
any work relating to pest control.
(b) The name and place of business of the person who last employed
him or her.
(c) The name of the person by whom the applicant is employed.
(d) The name of the registered company by which the applicant is
to be employed.
(e) The fees prescribed by this chapter.
The board shall not accept any application for a field
representative's license in Branch 1 unless the applicant submits
proof satisfactory to the board that he or she has had six months'
training and experience in the practice of fumigating with poisonous
or lethal gases under the immediate supervision of an individual
licensed to practice fumigating, or the equivalent of that training
and experience.
The board shall not accept any application for a field
representative's license in Branch 2 unless the applicant submits
proof satisfactory to the board that he or she has had training and
experience in the practice of pesticide application, Branch 2 pest
identification and biology, pesticide application equipment, and
pesticide hazards and safety practice under the immediate supervision
of an operator or field representative licensed in Branch 2, or the
equivalent of that training and experience.
The board shall not accept any application for a field
representative's license in Branch 3 unless the applicant submits
proof satisfactory to the board that he or she has had training and
experience in the practice of pesticide application, Branch 3 pest
identification and biology, pesticide application equipment,
pesticide hazards and safety practices, structural repairs, and
structural inspection procedures and report writing under the
immediate supervision of an operator or field representative licensed
in Branch 3, or the equivalent of that training and experience.
8564.5. (a) Any individual 18 years of age or older may apply for a
license as applicator.
(b) The board shall ascertain by written examination that an
applicant for a license as applicator in Branch 2 or Branch 3 has
sufficient knowledge in pesticide equipment, pesticide mixing and
formulation, pesticide application procedures and pesticide label
directions.
(c) Passage of the written examination authorizes an individual to
apply any chemical substance in Branch 2 or Branch 3.
(d) The board may charge a fee for any examination required by
this section in an amount sufficient to cover the cost of
administering the examination, provided, however, that the fee shall
not exceed fifteen dollars ($15).
(e) Nothing in this chapter shall prohibit an applicator,
authorized to apply any chemical substance in Branch 2 or Branch 3
before January 1, 1995, from acting as an applicator pursuant to that
authorization. Upon expiration of the authorization, an applicator's
license shall be required.
8564.6. To obtain an original applicator's license, an applicant
shall submit to the registrar an application in writing containing a
statement that the applicant requests the issuance of an applicator's
license under the terms of this chapter.
The application shall be made on a form prescribed by the board
and issued by the registrar in accordance with rules and regulations
adopted by the board and shall contain the following:
(a) The name of the registered company by which the applicant is
to be employed.
(b) The fee prescribed by this chapter.
8565. The board shall ascertain by written examination that an
applicant for a license as operator is qualified in the use and
understanding of all of the following:
(a) The English language, including reading, writing, and
spelling.
(b) The building and safety laws of the state and any of its
political subdivisions, if the branch or branches of pest control for
which he or she is applying, require that knowledge.
(c) The labor laws of the state.
(d) The provisions of this chapter.
(e) Poisonous and other dangerous chemicals used in pest control,
if the branch license or licenses for which he or she is applying,
require that knowledge.
(f) The theory and practice of the branch or branches of pest
control in which the applicant desires to be licensed.
(g) Other state laws, safety or health measures, or practices that
are reasonably within the scope of structural pest control in the
various branches, including an applicant's knowledge of the
requirements regarding health effects and restrictions on
applications, as set forth in Section 8538.
8565.5. (a) An applicant for a Branch 1 operator's license shall
demonstrate to the board that he or she has passed satisfactorily
board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(6) Fumigation safety.
(b) An applicant for a Branch 2 operator's license shall
demonstrate to the board that he or she has passed satisfactorily
board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(c) An applicant for a Branch 3 operator's license shall
demonstrate to the board that he or she has passed satisfactorily
board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(6) Construction repair and preservation techniques.
8565.6. An applicant for a Branch 2 license may elect to be
certified in the handling, control, and techniques of removal of
Africanized honey bees. The board shall develop a program to certify
applicants in this specialty, or may approve a program for
certification developed by the Pest Control Operators of California.
8566. The board shall ascertain by written examination that an
applicant for a license as field representative is qualified in the
use and understanding of the following:
(a) The safety laws of the state, if the branch or branches of
pest control for which he or she is applying, require that knowledge.
(b) The provisions of this chapter.
(c) Poisonous and other dangerous chemicals used in pest control,
if the branch or branches of pest control for which he or she is
applying, require that knowledge.
(d) The theory and practice of pest control in the branch or
branches thereof for which the applicant desires to be licensed.
(e) Other state laws, safety or health measures, or practices as
are reasonably within the scope of structural pest control in the
various branches.
8566.5. An individual shall be permitted to hold only one license
in the same branch at the same time.
If an individual who holds an operator's license requests to be
licensed as a field representative or applicator, he or she may apply
for a field representative's license or applicator's license and
shall be granted the license without examination, if he or she
surrenders his or her operator's license to the board, and provided
that no disciplinary action has been initiated against the operator's
license prior to the date of the individual's application for a
field representative's license or applicator's license.
If an individual who holds a field representative's license
requests to be licensed as an applicator, he or she may apply for an
applicator's license and he or she shall be granted the license
without examination, if he or she surrenders his or her field
representative's license to the board, and if no disciplinary action
has been initiated against the field representative's license prior
to the date of the individual's application for an applicator's
license.
8567. Should a field representative or applicator change his or her
employment, or should an operator enter the employ of a registered
company, or being already employed by a registered company change his
or her employment, or being employed by a registered company leave
that employment and enter the pest control business on his or her own
behalf, he or she shall notify the registrar in writing, on a form
prescribed by the board and issued by the registrar in accordance
with rules and regulations adopted by the board. Whereupon the
registrar shall register the change in his or her records.
8568. After a hearing the board may deny a license or a company
registration unless the applicant makes a showing satisfactory to the
board that the applicant, if an individual, has not, or if the
applicant is a company applying for a company registration, that its
manager and each of its officers, directors, employees, members and
partners have not:
(a) Committed any act or crime constituting grounds for denial of
licensure under Section 480.
(b) While unlicensed or not registered, knowingly committed or
aided and abetted the commission of any act for which a license or
company registration is required under this chapter.
(c) While acting as a partner, officer, managing employee, or
qualifying manager of a firm, partnership, or corporation, had
knowledge of and participated in the commission of any act resulting
in the suspension or revocation of a license or company registration.
When a hearing is held under this section it shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the board shall
have all of the powers granted therein.
8569. In addition to the partner or other individual designated as
the qualifying manager for a registered company which is organized as
a partnership, if any of the company's partners desire to actively
engage in pest control on behalf of the partnership each shall be
required to qualify for and to be licensed as an operator or field
representative.
Nothing in this chapter shall prohibit any partner who is duly
qualified and licensed in one or more of the branches of pest control
designated in Section 8560, from representing the partnership in any
other branch of pest control for which the partnership is
registered, except that he or she may actively engage in pest control
as an operator or field representative only in the branch for which
he or she is qualified and licensed.
Upon being licensed as an operator or field representative, the
other partner may engage in pest control only on behalf of the
partnership of which he or she is a member, as long as he or she
remains a partner thereof, but he or she may become associated with
another partnership, or with a firm or corporation, in a capacity
other than as a qualifying manager.
8570. In addition to the officer or other individual designated as
the qualifying manager for a registered company which is organized as
an association or corporation, if any of the company's other
officers desire to actively engage in pest control in behalf of the
association or corporation, each shall be required to qualify for and
to be licensed as an operator or field representative.
Nothing in this chapter shall prohibit any officer of such
corporation who is duly qualified and licensed in one or more of the
branches of pest control designated in Section 8560, from
representing the corporation in any other branch of pest control for
which the corporation is registered, except that he or she may
actively engage in pest control as an operator or field
representative only in the branch for which he or she is qualified
and licensed.
Upon being licensed as an operator or field representative, the
officer may engage in pest control only on behalf of the association
or corporation of which he or she is an officer, so long as he or she
remains an officer thereof, but he or she may become associated with
another association or corporation, or with a firm or partnership,
in a capacity other than as a qualifying manager.
8571. If the licensed operator who is designated as the qualifying
manager for a registered company ceases for any reason whatsoever to
be connected with the company, the company shall notify the registrar
in writing within 10 days from such cessation. If the notice is
given the registration shall remain in force for a reasonable length
of time, to be determined by rules of the board, during which period
the company must submit to the registrar in writing the name of
another qualified, or to be qualified, qualifying manager to replace
the qualifying manager who has ceased to be connected with it, and
who shall qualify as such within the time allowed by rules and
regulations of the board.
If the company fails to notify the registrar within the 10-day
period, or fails to replace with a qualifying manager within the
period fixed by the regulations of the board, at the end of the
period the registration shall be ipso facto suspended. The
registration shall be reinstated upon the filing of an affidavit,
executed by a representative of the company, and filed with the
registrar, to the effect that the qualifying manager who ceased to be
connected with the company has been replaced by another operator who
is authorized by this chapter to act in such capacity, and that such
operator has not had his or her license suspended or revoked or that
he or she has not been connected with a company which has had its
registration suspended or revoked.
8572. (a) Notwithstanding any other provision of law, the board
may, in its sole discretion, issue a probationary license to an
applicant subject to terms and conditions deemed appropriate by the
board, including, but not limited to, the following:
(1) Continuing medical, psychiatric, or psychological treatment.
(2) Ongoing participation in a specified rehabilitation program.
(3) Abstention from the use of alcohol or drugs.
(4) Compliance with all provisions of this chapter.
(b) (1) Notwithstanding any other provision of law, and for
purposes of this section, when deciding whether to issue a
probationary license, the board shall request that an applicant with
a dismissed conviction provide proof of that dismissal and shall give
special consideration to applicants whose convictions have been
dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code.
(2) The board shall also take into account and consider any other
reasonable documents or individual character references provided by
the applicant that may serve as evidence of rehabilitation as deemed
appropriate by the board.
(c) The board may modify or terminate the terms and conditions
imposed on the probationary license upon receipt of a petition from
the applicant or licensee.
(d) For purposes of issuing a probationary license to qualified
new applicants, the board shall develop standard terms of probation
that shall include, but not be limited to, the following:
(1) A three-year limit on the individual probationary license.
(2) A process to obtain a standard license for applicants who were
issued a probationary license.
(3) Supervision requirements.
(4) Compliance and quarterly reporting requirements.
