Quiz for Article 6&7 8616.4–8662

 If an employee is found during an inspection or investigation not wearing personal protective equipment required by regulation, the commissioner shall have the option to use discretion in citing an employer only if evidence of all of the following is provided:

     (a) The employer has a written training program, has provided training to the employee, and has maintained a record of training as required by regulation.

     (b) The employer provided personal protective equipment required by regulation, the equipment was available at the site when the employee was handling the pesticide or pesticides, and the equipment was properly maintained and in good working order.

     (c) The employer is in compliance with regulations relating to the workplace and supervision of employees.

     (d) The employer has implemented and adheres to a written company policy of disciplinary action for employees who violate company policy or state or local laws or regulations.   The employer has no history of repeated violations of this section.    True or False 

A notice of the proposed action that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or the notice is not accepted at that address.   True or False

If a suspension or fine is ordered, it may not take effect until 20 days after the date of the commissioner’s decision if no appeal is filed. If an appeal pursuant to Section 8662 is filed, the commissioner’s order shall be stayed until 45 days after the Disciplinary Review Committee has ruled on the appeal.   True or False 

Failure of a licensee or registered company to pay a fine within 30 days of the date of assessment or to comply with the order of suspension, unless the citation is being appealed, may result in disciplinary action being taken by the board.   True or False 

If a citation containing a fine is issued to a licensee and it is not contested or the time to appeal the citation has expired and the fine is not paid, the full amount of the assessed fine shall be added to the fee for renewal of that license. A license may be renewed without payment of the renewal fee and fine.   True or False

If a citation containing a fine is issued to a registered company and it is not contested or the time to appeal the citation has expired and the fine is not paid, the board shall not sell to the registered company any pesticide use stamps until the assessed fine has been paid.   True or False

If a citation containing the requirement that a licensee attend and pass a board-approved course of instruction is not contested or the time to appeal the citation has expired and the licensee has not attended and passed the required board-approved course of instruction, the licensee’s license shall not be renewed without proof of attendance and passage of the required board-approved course of instruction.    True or False

 If a commissioner submits a completed investigation to the board for action by the registrar or the Attorney General, the action shall be commenced within two years of that submission.    True or False

An inspection tag shall be posted whenever an inspection for wood destroying pests or organisms is made.   True or False

If the registered company completes any work with respect to wood destroying pests or organisms, it shall post a completion tag next to the inspection tag, unless both the inspection and completion tags are combined on the same form.    True or False

After a hearing, the board may temporarily suspend or permanently revoke a license issued under this chapter if the holder, while a licensee or applicant, is guilty of or commits any one or more of the acts or omissions constituting grounds for disciplinary action.   True or False

If a licensee elects to stipulate to a disciplinary action prior to an administrative hearing, the board may impose a civil penalty, in accordance with this section, in lieu of suspension. If a proposed stipulation is rejected by the board, it is null and void and does not constitute an admission of any violation charged. 

(a) The civil penalty shall not be more than five thousand dollars ($5,000) for an actual suspension of one to 19 days. 

(b) The civil penalty shall not be more than ten thousand dollars ($10,000) for an actual suspension of 20 to 45 days. 

(c) If a licensee is assessed the civil penalty in lieu of an actual suspension, the penalty shall be paid before the effective date of the decision. 

(d) If the civil penalty is not paid before the effective date of the suspension, the license shall be suspended until the penalty is paid or until the actual suspension is served.   

True or False

A complaint of any person against a non-licensee, licensee, or registered company shall be filed with the board no later than one years after the act or omission alleged as the ground for disciplinary action.   True or False

When a complaint is accepted for investigation of a registered company, the board, through an authorized representative, may inspect any or all properties on which a report has been issued pursuant to Section 8516 or a notice of completion has been issued pursuant to Section 8518 by the registered company to determine compliance with the provisions of this chapter and the rules and regulations issued there under. If the board determines the property or properties are not in compliance, a notice shall be sent to the registered company so stating.   True or False

A person whose license or registration has been revoked, suspended, or surrendered, or who has been placed on probation, may petition the board for reinstatement or modification of the penalty, including modification or termination of probation, after not less than the following minimum periods have elapsed, beginning on the effective date of the decision ordering that disciplinary action:

(1) At least three years for reinstatement of a license revoked or surrendered.

(2) At least two years for modification of a condition of probation.

(3) At least one year for early termination of a probation of less than three years.

(4) At least two years for early termination of a probation of three years or more.

True or False

If the board suspends or revokes an operator’s license and one or more branch offices are registered under the name of the operator, the suspension or revocation may be applied to only one branch office.   True or False

Disregard and violation of the buildings laws of the state, or of any of its political subdivisions, or of the safety laws, labor laws, health laws, or compensation insurance laws of the state relating to the practice of structural pest control is a ground for disciplinary action.   True or False

Payment, or the offer to pay, by any licensee or registered company to any party to a real estate transaction of any commission, bonus, rebate, or other thing of value as compensation or inducement for the referral to such licensee or registered company of pest control work arising out of such transaction is a ground for disciplinary action.   True or False

Furnishing of a report of inspection without the making of a bona fide inspection of the premises for wood destroying pests or organisms is allow if the property owner agrees.   True or False

Failure on the part of a registered company to complete any operation or construction repairs for the price stated in the contract for such operation or construction repairs or in any modification of such contract is a ground for disciplinary action.   True or False

Authorizing, directing, conniving at or aiding in the publication, advertisement, distribution or circulation of any material by false statement or representation concerning a registered company’s business is a ground for disciplinary action.   True or False

Failure of a registered company to make and keep all inspection reports, field notes, contracts, documents, notices of work completed, and records, other than financial records, for a period of not less than three years after completion of any work or operation for the control of structural pests or organisms, is a ground for disciplinary action.    True or False

A disciplinary review committee consisting of three members shall be established for the purposes of reviewing appeals of orders issued pursuant to Section 8617. The committee shall be made up of one member representing the Director of Pesticide Regulation and one member representing the board. The third member shall be a family member of the person filing the appeal.     True  or False

On an appeal pursuant to this section, the committee may sustain, modify by reducing the time of suspension or the amount of the fine levied, or reverse the decision. A copy of the committee’s decision shall be delivered or mailed to each party or text messaged.   True or False