Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(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 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
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.
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).
Note: Authority cited: Section
8525,
Business and Professions Code. Reference: Sections
125.9
and
148,
Business and Professions Code.
