Business and Professions Code — Part 51 | BPC — United States — California law | Esheria

Business and Professions Code

Part 51 of 52 · provisions 10,001–10,200

This section says the act is called the Business and Professions Code.

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About this statute

This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 8593.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 5. Renewal of Licenses [8590 - 8593.2] ( Article 5 added by Stats. 1941, Ch. 1163. )

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    A licensee must comply with Healthy Schools Act training requirements when the licensee intends to apply a pesticide at a schoolsite.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 5. Renewal of Licenses [8590 - 8593.2] ( Article 5 added by Stats. 1941, Ch. 1163. ) ## 8593.2. Commencing July 1, 2016, a licensee shall comply with the training requirements of the Healthy Schools Act of 2000 (Article 4 (commencing with Section 17608) of Chapter 5 of Part 10.5 of Division 1 of Title 1 of the Education Code and Article 17 (commencing with Section 13180) of Chapter 2 of Division 7 of the Food and Agricultural Code) if the licensee intends to apply a pesticide at a schoolsite, as defined in subdivision (f) of Section 17609 of the Education Code. Courses completed in furtherance of the training requirements of the Healthy Schools Act of 2000 shall count toward the continuing education requirements of the board and shall qualify as continuing education in integrated pest management. (Added by Stats. 2014, Ch. 848, Sec. 1. (SB 1405) Effective January 1, 2015.)
  2. 860.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 14. Gerontology and Geriatric Training for the Healing Arts [860- 860.] ( Article 14 added by Stats. 2002, Ch. 541, Sec. 3. )

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    The Legislature states that California faces a shortage of healing arts professionals and paraprofessionals serving older adults and says it intends to require certain healing arts professionals to complete aging and long-term care education as a condition of licensure or license renewal.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 14. Gerontology and Geriatric Training for the Healing Arts [860- 860.] ( Article 14 added by Stats. 2002, Ch. 541, Sec. 3. ) ## 860. (a) The Legislature finds and declares both of the following: (1) California’s system of care suffers from a severe shortage of professionals and paraprofessionals in the healing arts to administer programs and provide services for older adults. (2) As a result of rapidly changing age demographics in California, it is essential that we prepare a sufficient number of competent and qualified professionals and paraprofessionals in the healing arts to administer programs for, and provide services to, California’s older adults and adults with disabilities. (b) It is the intent of the Legislature to enact legislation to require various professionals and paraprofessionals in the healing arts to complete certain educational requirements in aging and long-term care as a condition or licensure or renewal of licensure, or both. (Added by Stats. 2002, Ch. 541, Sec. 3. Effective January 1, 2003.)
  3. 8610.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. )

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    Structural pest control companies must register with the Structural Pest Control Board and meet filing, manager, and ownership restrictions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. ) ## 8610. (a) Every company that engages in the practice of structural pest control, as a sole proprietorship, partnership, corporation, or other organization or any combination thereof, shall be registered with the Structural Pest Control Board. Each application for a company registration shall include the name of the company’s owner if it is a sole proprietorship, the names of the partners, if it is a partnership, or the names of its officers and shareholders with 10 percent or more ownership interest, if it is a corporation, and the address of the company’s principal office in this state. (b) (1) A company registration shall not be issued to an applicant that has an officer, director, qualifying manager, responsible managing employee, or an individual who otherwise exercises dominion or control over the company, whose license or registration is revoked or suspended at the time of the application as the result of disciplinary action pursuant to this chapter. (2) A company registration shall not be issued to an applicant that has an officer, director, qualifying manager, responsible managing employee, or an individual who otherwise exercises dominion or control over the company, who owns or has owned in the past more than a 10 percent interest in another sole proprietorship, partnership, corporation, or other organization that has its license or registration revoked or suspended at the time of the application as the result of disciplinary action pursuant to this chapter. (c) Each registered company shall designate an individual or individuals who hold an operator’s license to act as its qualifying manager or managers. The qualifying manager or managers must be licensed in each branch of pest control in which the company engages in business. The designated qualifying manager or managers shall supervise the daily business of the company and shall be available to supervise and assist all employees of the company, in accordance with regulations which the board may establish. (d) No individual who holds an operator’s license shall act as a qualifying manager for more than two registered companies. (1) Any individual, who on January 1, 2008, is acting as the qualifying manager for more than two registered companies shall comply with this subdivision by January 1, 2010. (2) Commencing January 1, 2010, failure to comply with this subdivision shall result in the disassociation of the qualifying manager and the automatic suspension of the company’s registration. (3) This subdivision shall not apply to a company engaging in the practice of structural pest control as a corporation and which has an additional company or companies operating under that corporation and doing business in a name other than the corporation name. (Amended by Stats. 2007, Ch. 354, Sec. 32. Effective January 1, 2008.)
  4. 8611.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. )

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    Branch offices must have a designated supervisor, and the supervisor’s license must be displayed in the branch office.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. ) ## 8611. (a) Each branch office shall have a branch supervisor designated by the registered company to supervise and assist the company’s employees who are located at that branch. The branch supervisor shall be an individual who is licensed by the board as an operator or a field representative in the branch or branches of business being conducted and his or her license shall be prominently displayed in the branch office. (b) If a branch supervisor ceases for any reason to be connected with a registered company, the company shall notify the registrar in writing within 10 days from that cessation. If this notice is given, the company’s branch office registration shall remain in force for a reasonable length of time to be determined by rules of the board, during which period the company shall submit to the registrar in writing the name of another qualified branch supervisor. (Amended by Stats. 2015, Ch. 430, Sec. 37. (AB 181) Effective January 1, 2016.)
  5. 8612.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. )

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    Registered companies must prominently display required licenses and registrations, stay tied to the registered location, and notify the registrar with specified details and fee when opening a branch office.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. ) ## 8612. (a) The licenses of qualifying managers and company registrations shall be prominently displayed in the registered company’s office, and no registration issued hereunder shall authorize the company to do business except from the location for which the registration was issued. Each registered company having a branch office or more than one branch office shall be required to display its branch office registration prominently in each branch office it maintains. (b) When a registered company opens a branch office it shall notify the registrar on a form prescribed by the board and issued by the registrar in accordance with rules and regulations adopted by the board. The notification shall include the name of the individual designated as the branch supervisor and shall be submitted with the fee for a branch office prescribed by this chapter. (Amended by Stats. 2014, Ch. 560, Sec. 28. (SB 1244) Effective January 1, 2015.)
  6. 8613.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. )

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    A registered company must tell the registrar within 10 days if it changes certain office, management, ownership, bond, or insurance details.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. ) ## 8613. A registered company which changes the location of its principal office or any branch office or which changes its qualifying manager, branch supervisor, officers, sole proprietors, partners, or its bond or insurance shall notify the registrar on a form prescribed by the board of that change within 10 days thereafter. A fee for filing those changes shall be charged in accordance with Section 8674. (Amended by Stats. 2018, Ch. 572, Sec. 11. (SB 1481) Effective January 1, 2019.)
  7. 8616.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. )

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    The board must designate the Director of Pesticide Regulation as its agent, and the board and the Department of Pesticide Regulation must jointly develop and deliver training on structural pest control. County agricultural commissioners may not take disciplinary action under Section 8617 until training is completed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. ) ## 8616. The Director of Pesticide Regulation shall be designated by the board as its agent for the purposes of carrying out Section 8616.4. The board and the Department of Pesticide Regulation shall jointly develop a training program specifically relating to the various aspects of structural pest control and train all county agricultural commissioners and other personnel involved in structural pest control investigations and enforcement. No disciplinary action pursuant to Section 8617 may be taken by a county agricultural commissioner until training has been completed. (Amended by Stats. 1994, Ch. 844, Sec. 36. Effective January 1, 1995.)
  8. 8616.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. )

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    The Director of Pesticide Regulation must designate county agricultural commissioners as representatives and contract with them about responsibilities and reimbursement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. ) ## 8616.4. The Director of Pesticide Regulation shall designate county agricultural commissioners as his or her representatives to carry out the provisions of Sections 8616.5, 8616.7, and 8617. The Director of Pesticide Regulation shall enter into a contract specifying their responsibilities and providing for reimbursement in accordance with Section 8505.17. (Amended by Stats. 1994, Ch. 844, Sec. 37. Effective January 1, 1995.)
  9. 8616.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. )

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    This section assigns lead-agency responsibility for pesticide-use inspections and routine investigations, lets the board take over when a matter is referred to it, and requires the board and the Director of Pesticide Regulation to create investigation and referral lists.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. ) ## 8616.5. (a) The county agricultural commissioner shall be the lead agency for inspections and routine investigations of pesticide use by the board licensees and registered companies, and of persons engaged in unlicensed structural pest control. When a matter is referred to the board for action, the board shall be the lead agency and may require that the commissioner assist in any investigation. (b) The board and the Director of Pesticide Regulation shall jointly develop the list of the types of investigations to be conducted by the commissioner that may result in the suspension of a license or company registration, or the imposition of a fine, pursuant to Section 8617 and the list of the types of violations that the commissioner shall refer to the board for disciplinary action. (c) As used in subdivision (a), the term “routine investigations” means all investigations of pesticide misuse by a board licensee or registered company except (1) investigation of misuse incidents that are referred to the board for disciplinary action or that are the basis for county actions to suspend or fine structural pest control licensees or registered companies in accordance with the lists promulgated pursuant to subdivision (b), or (2) any investigation performed by the county agricultural commissioner that has been requested by the board and involves exclusively a violation of this code. (Amended by Stats. 2001, Ch. 306, Sec. 29. Effective January 1, 2002.)
  10. 8616.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. )

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    The board must notify the Director of Pesticide Regulation if it finds that persons acting under Sections 8616 and 8616.4 have not met their responsibilities in one or more counties.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. ) ## 8616.6. The Director of Pesticide Regulation shall be notified by the board when it determines that persons acting pursuant to Sections 8616 and 8616.4 have not fulfilled their responsibilities under this chapter in a specific county or counties. The notice to the Director of Pesticide Regulation, which shall be dealt with in a timely manner, shall specifically list the actions which caused the filing of the notice. If the notice is not dealt with in a manner satisfactory to the board, the board may then suspend the activities of its agent pursuant to Section 8616.5, who is subject to the notice in the specific county or counties for which the notice was filed for a period not to exceed 60 days. (Amended by Stats. 1994, Ch. 844, Sec. 39. Effective January 1, 1995.)
  11. 8616.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. )

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    When a county agricultural commissioner is acting under Section 8616.4, only that commissioner may conduct inspections, routine investigations, and disciplinary action under the cited sections.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. ) ## 8616.7. When a county agricultural commissioner is acting, pursuant to Section 8616.4, only the commissioner may conduct inspections and routine investigations pursuant to Section 8616.5 and take disciplinary action pursuant to Section 8617. Except as otherwise provided, nothing in this section shall be construed as limiting or excluding the assistance provided to the board by the Division of Investigation under Sections 155 and 159.5 other than by board personnel. (Amended by Stats. 1986, Ch. 1266, Sec. 8.)
  12. 8616.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. )

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    If an employee is found without required protective equipment during an inspection or investigation, the commissioner may refer the violation, suspend the employer’s county work right for up to three working days, or assess fines.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. ) ## 8616.9. (a) If an employee is found during an inspection or investigation not wearing personal protective equipment required by label or regulation, the commissioner may refer the violation by the employer for statewide disciplinary action by the board or suspend the right of the employer to work in the county for up to three working days. If the commissioner does neither, the commissioner may assess an administrative fine against both the employer and the employee. If the commissioner takes no action against the employer for this violation, the commissioner may assess an administrative fine against the employee if the employer provides evidence of all of the following: (1) The employer has a written training program, has provided training to the employee, and has maintained a record of training as required by label or regulation. (2) The employer provided personal protective equipment required by label or 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. (3) The employer is in compliance with regulations relating to the workplace and supervision of employees. (4) The employer has documented implementation and adheres to a written company policy of disciplinary action for employees who violate company policy or state or local laws or regulations. (5) The employer has not been disciplined or assessed an administrative fine for a violation of the personal protective equipment requirement for the previous two years. (b) (1) An administrative fine assessed against an employer pursuant to this section shall not be less than seven hundred dollars ($700) nor more than five thousand dollars ($5,000). An administrative fine assessed against an employee pursuant to this section shall not be less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000). (2) In assessing an administrative fine pursuant to this section, the board or commissioner shall consider the appropriateness of the amount of the fine to the gravity of the violation, the good faith of the licensee, and the history of prior violations. (c) Nothing in this section is intended to limit the authority of the commissioner to take action against the employee pursuant to Section 8617, including suspension of the employee’s license or referral of the violation for statewide disciplinary action by the board pursuant to Section 8620. (Amended by Stats. 2016, Ch. 359, Sec. 2. (AB 2529) Effective January 1, 2017.)
  13. 8617.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. )

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    The board or county agricultural commissioners may suspend, fine, or require training for certain pest control licensees and companies, with notice, hearing, appeal, and timing rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. ) ## 8617. (a) The board or county agricultural commissioners, when acting pursuant to Section 8616.4, may suspend the right of a structural pest control licensee or registered company to work in a county for up to three working days or, for a licensee, registered company, or an unlicensed individual acting as a licensee, may levy an administrative fine up to one thousand dollars ($1,000) or direct the licensee to attend and pass a board-approved course of instruction at a cost not to exceed the administrative fine, or both, for each violation of this chapter or Chapter 14.5 (commencing with Section 8698), or any regulations adopted pursuant to these chapters, or Chapter 2 (commencing with Section 12751), Chapter 3 (commencing with Section 14001), Chapter 3.5 (commencing with Section 14101), or Chapter 7 (commencing with Section 15201) of Division 7 of the Food and Agricultural Code, or any regulations adopted pursuant to those chapters, relating to pesticides. However, any violation determined by the board or the commissioner to be a serious violation as defined in Section 1922 of Title 16 of the California Code of Regulations shall be subject to a fine of not more than five thousand dollars ($5,000) for each violation. Fines collected shall be paid to the Education and Enforcement Account in the Structural Pest Control Education and Enforcement Fund. Suspension may include all or part of the registered company’s business within the county based on the nature of the violation, but shall, whenever possible, be restricted to that portion of a registered company’s business in a county that was in violation. (b) A licensee who passes a course pursuant to this section shall not be awarded continuing education credit for that course. (c) Before a suspension action is taken, a fine levied, or a licensee is required to attend and pass a board-approved course of instruction, the person charged with the violation shall be provided a written notice of the proposed action, including the nature of the violation, the amount of the proposed fine or suspension, or the requirement to attend and pass a board-approved course of instruction. The notice of proposed action shall inform the person charged with the violation that if he or she desires a hearing before the commissioner issuing the proposed action to contest the finding of a violation, that hearing shall be requested by written notice to the commissioner within 20 days of the date of receipt of the written notice of proposed action. (d) 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. (e) If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the commissioner’s evidence and a right to present evidence on his or her own behalf. If a hearing is not requested within the prescribed time, the commissioner may take the action proposed without a hearing. (f) If the person upon whom the commissioner imposed a fine or suspension or required attendance at a board-approved course of instruction requested and appeared at a hearing before the commissioner, the person may appeal the commissioner’s decision to the Disciplinary Review Committee and shall be subject to the procedures in Section 8662. (g) 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 30 days after the Disciplinary Review Committee has ruled on the appeal. (h) 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. (i) 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 shall not be renewed without payment of the renewal fee and fine. (j) 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. (k) 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. (l) Once final action pursuant to this section is taken, no other administrative or civil action may be taken by any state governmental agency for the same violation. However, action taken pursuant to this section may be used by the board as evidence of prior discipline, and multiple local actions may be the basis for statewide disciplinary action by the board pursuant to Section 8620. A certified copy of the order of suspension or fine issued pursuant to this section or Section 8662 shall constitute conclusive evidence of the occurrence of the violation. (m) If the board is the party issuing the notice of proposed action to suspend or impose a fine pursuant to subdivision (a), “commissioner” as used in subdivisions (c), (f), and (g) includes the board’s registrar. (n) An action brought pursuant to this section shall be commenced by the commissioner within two years of the occurrence of the violation. 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 one year of that submission. (Amended by Stats. 2014, Ch. 560, Sec. 30. (SB 1244) Effective January 1, 2015.)
  14. 8617.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Regulations adopted under Section 11503 of the Food and Agricultural Code do not apply to this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. ) ## 8617.5. Regulations adopted pursuant to Section 11503 of the Food and Agricultural Code are not applicable to this chapter. (Added by Stats. 1984, Ch. 766, Sec. 8.)
  15. 8618.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    All registered companies must keep documents required by regulation for three years.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. ) ## 8618. Documents as specified by regulation must be maintained by all registered companies for three years. (Added by Stats. 1994, Ch. 844, Sec. 40. Effective January 1, 1995.)
  16. 8619.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    An inspection tag must be posted when an inspection for wood destroying pests or organisms is made. If a registered company completes related work, it must also post a completion tag next to the inspection tag unless both tags are combined on the same form.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 6. Regulation of Licensees [8610 - 8619] ( Article 6 added by Stats. 1941, Ch. 1163. ) ## 8619. (a) An inspection tag shall be posted whenever an inspection for wood destroying pests or organisms is made. (b) 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. (Amended by Stats. 2018, Ch. 572, Sec. 12. (SB 1481) Effective January 1, 2019.)
  17. 8620.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The board must investigate written complaints about licensees or applicants, and may investigate on its own motion. After a hearing, it may suspend or revoke a license and may impose civil penalties in some cases.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8620. The board may upon its own motion, and shall upon verified complaint in writing of any person, investigate the actions of any individual acting as a licensee, or making application for a license. 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. In addition to its authority to suspend or revoke a license, the board may assess a civil penalty as follows: (a) Upon the conclusion of a hearing held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, if the proposed decision of the hearing officer is that the licensee is guilty of or has committed any one of the acts or omissions constituting grounds for disciplinary action, the proposed decision shall provide for the imposition of a suspension or for the revocation of the license. In this case, the board may impose the suspension or revocation. The board may also, in lieu of a suspension, assess a civil penalty. The licensee may express a preference for a form of discipline, but the board shall not be bound by any expression of preference. 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. (b) The civil penalty shall not be more than five thousand dollars ($5,000) for an actual suspension of one to 19 days. (c) The civil penalty shall not be more than ten thousand dollars ($10,000) for an actual suspension of 20 to 45 days. (d) 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. (e) 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. No civil penalty shall be assessed in lieu of any suspension which exceeds 45 days. With the exception of the proceedings on suspensions undertaken or on fines levied pursuant to Section 8617, the proceedings under this article 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 the powers granted therein. In any order of suspension or revocation, the board may authorize the completion of any contract or work contracted for under terms and conditions set forth in the order. (Amended by Stats. 1994, Ch. 844, Sec. 42. Effective January 1, 1995.)
  18. 8621.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Complaints must be filed with the board within 2 years, or 4 years for fraud, gross negligence, or misrepresentation. The board must file any accusation within 18 months after the complaint, with a separate 2-year discovery-based deadline for Section 8637 violations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8621. A complaint of any person against a nonlicensee, licensee, or registered company shall be filed with the board no later than two years after the act or omission alleged as the ground for disciplinary action or, in a matter involving fraud, gross negligence, or misrepresentation, no later than four years after commission of the act or omission. The board shall file any accusation no later than 18 months after the complaint has been filed with the board, except that with respect to a violation of Section 8637, the accusation may be filed no later than two years after the discovery by the board of the alleged facts constituting the fraud or misrepresentation prohibited by the section. (Amended by Stats. 2017, Ch. 279, Sec. 1. (AB 1590) Effective January 1, 2018.)
  19. 8622.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    If a complaint is accepted, the board may inspect certain properties of a registered company, and the company may have to fix noncompliance, file new reports, pay fees, or request a hearing within set deadlines.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8622. (a) 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 thereunder. If the board determines the property or properties are not in compliance, a notice shall be sent to the registered company so stating. The registered company shall have 30 days from the receipt of the notice to bring the property into compliance, unless an extension is authorized by the board, and it shall submit a new original report or completion notice or both and an inspection fee of not more than one hundred twenty-five dollars ($125) for each property inspected. If a subsequent reinspection is necessary, pursuant to the board’s review of the new original report or notice or both, a commensurate reinspection fee shall also be charged. If the board’s authorized representative makes no determination or determines the property is in compliance, no inspection fee shall be charged. (b) The notice sent to the registered company shall inform the registered company that if it desires a hearing to contest the finding of noncompliance, the hearing shall be requested by written notice to the board within 20 days of receipt of the notice of noncompliance from the board. If a hearing is not requested pursuant to this section, payment of any assessment shall not constitute an admission of any noncompliance charged. (Amended by Stats. 2014, Ch. 560, Sec. 31. (SB 1244) Effective January 1, 2015.)
  20. 8623.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The board may revoke, suspend, or deny licenses on specified grounds, and must give reasons and some criminal-history materials when it denies a license in certain cases.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8623. (a) Notwithstanding Section 8620 or any other provision of law, the board may revoke, suspend, or deny at any time a license under this chapter on any of the grounds for disciplinary action provided in this chapter. The proceedings under this section 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 the powers granted therein. (b) The board may deny a license to an applicant on any of the grounds specified in Section 480. (c) In addition to the requirements provided in Sections 485 and 486, upon denial of an application for a license, the board shall provide a statement of reasons for the denial that does the following: (1) Evaluates evidence of rehabilitation submitted by the applicant, if any. (2) Provides the board’s criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs. (3) If the board’s decision was based on the applicant’s prior criminal conviction, justifies the board’s denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a licensed structural pest control operator. (d) Commencing July 1, 2009, all of the following shall apply: (1) If the denial of a license is due at least in part to the applicant’s state or federal criminal history record, the board shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of his or her criminal history record at an address specified by the candidate. (A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice. (B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicant’s criminal history record and the criminal history record shall not be made available by the board to any employer. (C) The board shall retain a copy of the applicant’s written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent. (2) The board shall make that information available upon request by the Department of Justice or the Federal Bureau of Investigation. (e) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicant’s request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted. (Amended by Stats. 2018, Ch. 572, Sec. 13. (SB 1481) Effective January 1, 2019.)
  21. 8623.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    People whose license or registration was revoked, suspended, surrendered, or put on probation may ask the board to reinstate or modify the penalty after set waiting periods. The board may also require an examination before reinstating a revoked or surrendered license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8623.5. (a) 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. (b) The board may require an examination for reinstatement of a license revoked or surrendered. (Added by Stats. 2018, Ch. 572, Sec. 14. (SB 1481) Effective January 1, 2019.)
  22. 8624.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    If the board suspends or revokes an operator’s license, it may extend that suspension or revocation to registered branch offices or, in some cases, the company registration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8624. 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 each branch office. If the operator is the qualifying manager, a partner, responsible officer, or owner of a registered structural pest control company, the suspension or revocation may be applied to the company registration. The performance by any partnership, corporation, firm, association, or registered company of any act or omission constituting a cause for disciplinary action, likewise constitutes a cause for disciplinary action against any licensee who, at the time the act or omission occurred, was the qualifying manager, a partner, responsible officer, or owner of the partnership, corporation, firm, association, or registered company whether or not he or she had knowledge of, or participated in, the prohibited act or omission. (Amended by Stats. 1987, Ch. 56, Sec. 6.)
  23. 8625.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The board keeps jurisdiction to investigate and discipline a licensee or company even if the license or registration has lapsed, been suspended, or been voluntarily surrendered.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8625. The lapsing or suspension of a license or company registration by operation of law or by order or decision of the board or a court of law, or the voluntary surrender of a license or company registration shall not deprive the board of jurisdiction to proceed with any investigation of or action or disciplinary proceeding against such licensee or company, or to render a decision suspending or revoking such license or registration. (Amended by Stats. 1985, Ch. 1348, Sec. 60. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  24. 8632.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    A court may also order suspension or revocation of a license or company registration in a proper action involving a licensee’s or company’s legal obligations under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8632. The suspension or revocation of a license or a company registration as in this chapter provided may also be ordered in any action otherwise proper in any court involving the licensee’s or a company’s performance of a legal obligation as a licensee or registrant under this chapter. (Amended by Stats. 1985, Ch. 1348, Sec. 61. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  25. 8635.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Doing structural pest control work in a material departure from, or disregard of, the plans or specifications, without the owner’s consent, can trigger disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8635. Departure from, or disregard of, plans or specifications in the performance of structural pest control work in any material respect, without consent of the owner or his duly authorized representative, is a ground for disciplinary action. (Amended by Stats. 1961, Ch. 1192.)
  26. 8636.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Violating certain state or local laws related to structural pest control can be grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8636. 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. (Amended by Stats. 1984, Ch. 193, Sec. 3.)
  27. 8637.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    An applicant who misrepresents a material fact when obtaining a license or company registration may face disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8637. Misrepresentation of a material fact by the applicant in obtaining a license or company registration is a ground for disciplinary action. (Amended by Stats. 1985, Ch. 1348, Sec. 62. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  28. 8638.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    A registered company’s failure to finish contracted repairs at the stated price can be grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8638. 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. (Amended by Stats. 1985, Ch. 1348, Sec. 63. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  29. 8639.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Using a license or helping an unlicensed individual or unregistered company evade this chapter can be grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8639. Aiding or abetting an unlicensed individual or unregistered company to evade the provisions of this chapter or knowingly combining or conspiring with an unlicensed individual or unregistered company, or allowing one’s license or company registration to be used by an unlicensed individual or unregistered company, or acting as agent or partner or associate, or otherwise, of an unlicensed individual or unregistered company to evade the provisions of this chapter is a ground for disciplinary action. (Amended by Stats. 1985, Ch. 1348, Sec. 64. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  30. 8640.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    A licensee or registered company may face disciplinary action for paying or offering value to a party in a real estate transaction to induce a referral of pest control work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8640. 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. (Amended by Stats. 1985, Ch. 1348, Sec. 65. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  31. 8641.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Failing to comply with this chapter or board rules, or submitting certain inspection/work-completion reports without the required work, is grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8641. Failure to comply with the provisions of this chapter, or any rule or regulation adopted by the board, or the furnishing of a report of inspection without the making of a bona fide inspection of the premises for wood-destroying pests or organisms, or furnishing a notice of work completed prior to the completion of the work specified in the contract, is a ground for disciplinary action. (Amended by Stats. 1994, Ch. 282, Sec. 5. Effective January 1, 1995.)
  32. 8642.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    A licensee or registered company may face disciplinary action for committing a grossly negligent or fraudulent act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8642. The commission of any grossly negligent or fraudulent act by the licensee as a pest control operator, field representative, or applicator or by a registered company is a ground for disciplinary action. (Amended by Stats. 1994, Ch. 844, Sec. 44. Effective January 1, 1995.)
  33. 8643.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Negligent handling or use of any pesticide can be grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8643. The negligent handling or use of any pesticide is a ground for disciplinary action. (Amended by Stats. 2014, Ch. 560, Sec. 32. (SB 1244) Effective January 1, 2015.)
  34. 8644.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    A pest control licensee or registered company may face disciplinary action for fraud or misrepresentation after an inspection about wood-destroying pests, organisms, or related structural conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8644. Fraud or misrepresentation, after inspection, by any licensee or registered company engaged in pest control work of any infestation or infection of wood-destroying pests or organisms found in property or structures, or respecting any conditions of the structure that would ordinarily subject structures to attack by wood-destroying pests or organisms, whether or not a report was made pursuant to Sections 8516 and 8517 of this code, is a ground for disciplinary action. (Amended by Stats. 1985, Ch. 1348, Sec. 67. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  35. 8645.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Impersonating a state, county, or city inspector or official can lead to disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8645. Impersonation of any state, county or city inspector or official is a ground for disciplinary action. (Amended by Stats. 1961, Ch. 1192.)
  36. 8646.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Disregarding or violating specified pesticide, structural pest control, fumigation, or extermination laws or related regulations is grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8646. Disregard and violation of pesticide use and application, structural pest control device, fumigation, or extermination laws of the state or of any of its political subdivisions, or regulations adopted pursuant to those laws, is a ground for disciplinary action. (Amended by Stats. 1998, Ch. 651, Sec. 2. Effective January 1, 1999.)
  37. 8646.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    If a board representative finds noncompliance in certain pest control work, a notice must be issued, and the licensee or registered company must stop the work until it complies.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8646.5. A notice of noncompliance shall be issued to a licensee or registered company whenever an authorized representative of the board finds that a pesticide application, fumigation or extermination procedure being performed by the licensee or registered company is not in compliance with applicable laws, rules, or regulations. Upon receiving such notice, the licensee or registered company shall discontinue such pest control work until the procedure is brought into compliance. Failure to discontinue after receiving a notice of noncompliance is a ground for disciplinary action. (Amended by Stats. 1985, Ch. 1348, Sec. 68. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  38. 8647.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Failing to comply with the pesticide-sale or pesticide-use rules in the referenced Food and Agricultural Code chapter can lead to disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8647. Failure to comply in the sale or use of pesticides with the provisions of Chapter 2 (commencing with Section 12751) of Division 7 of the Food and Agricultural Code is a ground for disciplinary action. (Amended by Stats. 2014, Ch. 560, Sec. 33. (SB 1244) Effective January 1, 2015.)
  39. 8648.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Using false-statement or false-representation material about a registered company’s business can be grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8648. 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. (Amended by Stats. 1985, Ch. 1348, Sec. 69. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  40. 8649.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    A conviction for a crime substantially related to a structural pest control operator’s duties can be used as grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8649. Conviction of a crime substantially related to the qualifications, functions, and duties of a structural pest control operator, field representative, applicator, or registered company is a ground for disciplinary action. The certified record of conviction shall be conclusive evidence thereof. (Amended by Stats. 1994, Ch. 844, Sec. 45. Effective January 1, 1995.)
  41. 865.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 15. Sexual Orientation Change Efforts [865 - 865.2] ( Article 15 added by Stats. 2012, Ch. 835, Sec. 2. )

    Verify source ↗

    This section defines “mental health provider” and “sexual orientation change efforts,” and says certain supportive psychotherapies are not included in that term.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 15. Sexual Orientation Change Efforts [865 - 865.2] ( Article 15 added by Stats. 2012, Ch. 835, Sec. 2. ) ## 865. For the purposes of this article, the following terms shall have the following meanings: (a) “Mental health provider” means a physician and surgeon specializing in the practice of psychiatry, a psychologist, a psychological assistant, intern, or trainee, a licensed marriage and family therapist, a registered associate marriage and family therapist, a marriage and family therapist trainee, a licensed educational psychologist, a credentialed school psychologist, a licensed clinical social worker, an associate clinical social worker, a licensed professional clinical counselor, a registered associate clinical counselor, a professional clinical counselor trainee, or any other person designated as a mental health professional under California law or regulation. (b) (1) “Sexual orientation change efforts” means any practices by mental health providers that seek to change an individual’s sexual orientation. This includes efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex. (2) “Sexual orientation change efforts” does not include psychotherapies that: (A) provide acceptance, support, and understanding of clients or the facilitation of clients’ coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices; and (B) do not seek to change sexual orientation. (Amended by Stats. 2018, Ch. 703, Sec. 3. (SB 1491) Effective January 1, 2019.)
  42. 865.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 15. Sexual Orientation Change Efforts [865 - 865.2] ( Article 15 added by Stats. 2012, Ch. 835, Sec. 2. )

    Verify source ↗

    A mental health provider must not engage in sexual orientation change efforts with a patient under 18.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 15. Sexual Orientation Change Efforts [865 - 865.2] ( Article 15 added by Stats. 2012, Ch. 835, Sec. 2. ) ## 865.1. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under 18 years of age. (Added by Stats. 2012, Ch. 835, Sec. 2. (SB 1172) Effective January 1, 2013.)
  43. 865.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 15. Sexual Orientation Change Efforts [865 - 865.2] ( Article 15 added by Stats. 2012, Ch. 835, Sec. 2. )

    Verify source ↗

    A mental health provider who attempts sexual orientation change efforts on a patient under 18 commits unprofessional conduct and may be disciplined by the provider’s licensing entity.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 15. Sexual Orientation Change Efforts [865 - 865.2] ( Article 15 added by Stats. 2012, Ch. 835, Sec. 2. ) ## 865.2. Any sexual orientation change efforts attempted on a patient under 18 years of age by a mental health provider shall be considered unprofessional conduct and shall subject a mental health provider to discipline by the licensing entity for that mental health provider. (Added by Stats. 2012, Ch. 835, Sec. 2. (SB 1172) Effective January 1, 2013.)
  44. 8650.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Acting under a structural pest control license or registration in a name or business location other than the one on the license or registration can be grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8650. Acting in the capacity of a licensee or registered company under any of the licenses or registrations issued hereunder except: (a) In the name of the licensee or registered company as set forth upon the license or registration, or (b) At the address and location or place or places of business as licensed or registered or as later changed as provided in this chapter is a ground for disciplinary action. (Amended by Stats. 1985, Ch. 1348, Sec. 71. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  45. 8651.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Doing certain pest control work outside the scope of the worker’s license or the company’s registration can lead to disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8651. The performing or soliciting of structural pest control work, the inspecting for structural or household pests, or the applying of any pesticide for the purpose of eliminating, exterminating, controlling, or preventing structural or household pests in branches of pest control other than those for which the operator, field representative, or applicator is licensed or the company is registered is a ground for disciplinary action. (Amended by Stats. 2014, Ch. 560, Sec. 34. (SB 1244) Effective January 1, 2015.)
  46. 8652.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    A registered company must keep specified pest-control records for at least three years after the work is completed, and must let the board’s executive officer or authorized representative inspect them during business hours.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8652. 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. These records shall be made available to the executive officer of the board or his or her duly authorized representative during business hours. (Amended by Stats. 1999, Ch. 983, Sec. 10.8. Effective January 1, 2000.)
  47. 8653.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    A registered pest control company, or its agent or officer, can face disciplinary action for not paying amounts due for materials or services when it can pay or has received enough funds, and for falsely denying the debt or its validity with the intent to get a discount or to hinder, delay, or defraud the creditor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8653. The failure of any registered company or agent or officer thereof, to pay any moneys due for any materials or services rendered in connection with its operations as a registered pest control company, when it has the ability to pay or when it has received sufficient funds therefor as payment for the particular pest control work, project, or operation for which the services or materials were rendered or purchased, is a ground for disciplinary action, as is the false denial of any such indebtedness or of the validity of the claim thereof with intent to secure for itself, or other person any discount upon such indebtedness or with intent to hinder, delay, or defraud the person to whom such indebtedness is due. (Amended by Stats. 1985, Ch. 1348, Sec. 74. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  48. 8654.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Certain people with specified licensing or registration discipline histories are barred from serving in key roles at a registered company.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8654. Any individual who has been denied a license for any of the reasons specified in Section 8568, or who has had his or her license revoked, or whose license is under suspension, or who has failed to renew his or her license while it was under suspension, or who has been a member, officer, director, associate, qualifying manager, or responsible managing employee of any partnership, corporation, firm, or association whose application for a company registration has been denied for any of the reasons specified in Section 8568, or whose company registration has been revoked as a result of disciplinary action, or whose company registration is under suspension, and while acting as such member, officer, director, associate, qualifying manager, or responsible managing employee had knowledge of or participated in any of the prohibited acts for which the license or registration was denied, suspended or revoked, shall be prohibited from serving as an officer, director, associate, partner, qualifying manager, or responsible managing employee of a registered company, and the employment, election or association of such person by a registered company is a ground for disciplinary action. (Amended by Stats. 1985, Ch. 1348, Sec. 75. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  49. 8655.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Certain guilty pleas, guilty verdicts, and nolo contendere convictions count as convictions for this article, and the board may suspend, revoke, or refuse a license after specified conviction-related milestones.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8655. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a structural pest control operator, field representative, applicator, or registered company is deemed to be a conviction within the meaning of this article or Section 8568 of this chapter. The board may order the license or registration suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the individual or registered company to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment. (Amended by Stats. 1994, Ch. 844, Sec. 48. Effective January 1, 1995.)
  50. 8656.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    If a registered company has not paid a citation fine within 30 days, the board may not sell it pesticide use stamps unless the citation is being appealed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8656. In addition to the remedies provided for in Section 125.9, when the licensee who is a registered company has failed to pay the fine assessed pursuant to a citation within 30 days of the date of assessment, unless the citation is being appealed, the board shall not sell to the registered company any pesticide use stamps until the assessed fine has been paid. (Amended by Stats. 1999, Ch. 983, Sec. 10.85. Effective January 1, 2000.)
  51. 8657.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    A receiver appointment or an assignment for the benefit of creditors is grounds for disciplinary action. If a license or registration is suspended or revoked on those grounds, the registrar may renew or reissue it if each contract is separately bonded.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8657. The appointment of a receiver of the property of a licensee or registered company as provided in Chapter 5 (commencing with Section 564) of Title 7 of Part 2 of the Code of Civil Procedure, or the making of an assignment for the benefit of creditors, constitutes a cause for disciplinary action. If a license or registration is suspended or revoked upon the grounds set forth in this section, the registrar in his or her discretion may renew or reissue such license upon the condition that each contract undertaken by the licensee or registered company be separately covered by a bond or bonds conditioned upon the performance of, and the payment of labor and material required by, the contract. (Amended by Stats. 1985, Ch. 1348, Sec. 77. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  52. 8658.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The board may sue in superior court to stop violations of this chapter, and the case must follow specified civil procedure rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8658. The board may bring an action to enjoin the violation of any provision of this chapter in any superior court in and for the county in which the violation has occurred. Any such action shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the board shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable damage or loss. The action shall be brought in the name of the people of the State of California. (Added by Stats. 1961, Ch. 1314.)
  53. 8660.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

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    A three-member disciplinary review committee must be established to review appeals of orders issued under Section 8617.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8660. 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 licensed pest control operator actively involved in the business of pest control and shall be selected by agreement of the other members. (Amended by Stats. 2014, Ch. 560, Sec. 35. (SB 1244) Effective January 1, 2015.)
  54. 8662.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    A person fined or suspended under Section 8617 may appeal to the Disciplinary Review Committee by filing a written appeal within 30 days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8662. (a) Whenever the right of a structural pest control licensee or registered company to make pesticide applications is to be suspended or the licensee, registered company, or unlicensed individual is to be fined pursuant to Section 8617, and if the person upon whom the commissioner imposed a fine or suspension requested and appeared at a hearing before the commissioner in accordance with Section 8617, the party to be suspended or fined may appeal to the Disciplinary Review Committee by filing a written appeal with the committee within 30 days of receipt of the fine or suspension order. (b) The following procedures shall apply to the appeal: (1) The appeal shall be in writing and signed by the appellant or his or her or its authorized agent, state the grounds for the appeal, and include a copy of the commissioner’s decision. The appellant shall file a copy of the appeal with the commissioner at the same time it is filed with the committee. (2) Any party may, at the time of filing the appeal or within 10 days thereafter, or at a later time prescribed by the committee or its designee, present the record of the hearing, including written evidence that was submitted at the hearing and written argument to the committee stating the grounds for affirming, modifying, or reversing the commissioner’s decision. (3) The committee or its designee may grant oral argument upon application made at the time written arguments are filed. If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given each party at least 10 days before the date set therefor. The times may be altered by mutual agreement of the appellant, the commissioner, and the committee. (4) At any time written evidence is submitted to the committee, a copy shall be immediately provided to the other party. (5) The committee shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2) that the committee may have received. If the committee finds substantial evidence in the record to support the commissioner’s decision, the committee shall affirm the decision. (6) The committee shall render its written decision within 45 days of the date of appeal or within 15 days from the date of oral arguments, or as soon thereafter as practical. (7) 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. (8) Review of the decision of the committee may be sought by the licensee, registered company, or unlicensed individual pursuant to Section 1094.5 of the Code of Civil Procedure. (Amended by Stats. 2004, Ch. 443, Sec. 3. Effective January 1, 2005.)
  55. 8663.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

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    For Branch 1 work, the issuing authority must send violation notices to the prime contractor within 30 days; in serious or moderate cases, the notice must go by certified mail with return receipt requested. The board or county agricultural commissioners may fine a registered prime contractor up to $5,000 if the subdivision (c) conditions are met, with a narrow first-violation exception for certain fumigation notice failures.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8663. (a) This section only applies to work conducted under a Branch 1 license. (b) A copy of a notice of violation issued for any violation committed by a subcontractor shall be sent to the prime contractor responsible for the work by the issuing authority within 30 days from the date the violation was committed or discovered. In circumstances where the violation is classified as serious or moderate, notification shall be performed by certified mail with a return receipt requested. (c) The board or county agricultural commissioners, when acting pursuant to Section 8616.4, may levy a fine of up to five thousand dollars ($5,000) against a registered company acting as a prime contractor for any serious or moderate violation committed by any licensee with whom the prime contractor has subcontracted if, before that violation occurred, the prime contractor had been notified by certified mail, return receipt requested, of two or more serious or moderate violations committed by that subcontractor within 12 consecutive months. Fines collected pursuant to this section shall be paid to the Education and Enforcement Account in the Structural Pest Control Education and Enforcement Fund. (d) For purposes of this section, “serious or moderate” violation includes, but is not limited to, a violation of any of the following provisions of this code or of the California Code of Regulations that poses a serious hazard to humans: (1) A violation of subdivision (a) or (b) of Section 1970.4 of Title 16 of, or Section 6454 of Title 3 of, the California Code of Regulations, or a violation of Section 8505.5. (2) Any violation of the structural pest control law that results in a serious injury to any person. (3) A violation of Section 8505.2 or 8505.3, relating to direct and personal supervision. (4) A violation of Section 8505.7, relating to vacating and securing structures. (5) A violation of Section 6780 of Title 3 of the California Code of Regulations. (6) A violation of Section 6454 of Title 3 of the California Code of Regulations. (7) A violation of Section 8505.12, relating to warning agents. (8) A violation of Section 8505.9 or 8505.10, relating to warning signs. (e) Notwithstanding subdivision (c), a prime contractor may be fined for a subcontractor’s first violation for failing to have a signed Occupants Fumigation Notice, pursuant to Section 1970.4 of Title 16 of the California Code of Regulations, on the premises being treated, or for failure to provide advance notice of a fumigation pursuant to Section 8538 to the occupants of the premises being treated. (Amended by Stats. 2018, Ch. 572, Sec. 15. (SB 1481) Effective January 1, 2019.)
  56. 8664.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section applies only to work under a Branch 1 license and gives a prime contractor notice, hearing, review, evidence, and appeal rights before and after a fine.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 8664. (a) This section only applies to work conducted under a Branch 1 license. (b) Before a fine can be levied pursuant to Section 8663, the prime contractor shall be provided notice of the nature of the violation and shall be given an opportunity to be heard, including the right to review the commissioner’s evidence and a right to present evidence on his or her own behalf. (c) The prime contractor may appeal the fine to the Disciplinary Review Committee and shall be subject to the procedures in Section 8662. (d) If a fine is ordered, it may not take effect until 20 days after the date of the decision provided that no appeal is filed. If an appeal is filed pursuant to Section 8662, the order shall be stayed until 20 days after the committee has ruled on the appeal. (e) Once final action is taken pursuant to this section, no other administrative or civil action may be taken by any state governmental agency for the same violation. However, action taken pursuant to this section may be used by the board as evidence of prior discipline, and multiple local actions may be the basis for statewide disciplinary action by the board pursuant to Section 8620. A certified copy of the fine order issued pursuant to this section or Section 8662 shall constitute conclusive evidence of the occurrence of the violation. (Added by Stats. 1993, Ch. 384, Sec. 4. Effective January 1, 1994.)
  57. 8665.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

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    A licensed applicator does not change the disciplinary liability or responsibility of the operator, field representative, or registered company that employs or supervises the applicator.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 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. (Added by Stats. 1994, Ch. 844, Sec. 49. Effective January 1, 1995.)
  58. 8666.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. )

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    A licensee under this chapter must not recommend or perform pest control corrective work that is more than necessary to fix the condition the licensee was hired to eliminate.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 7. Disciplinary Proceedings [8620 - 8666] ( Article 7 added by Stats. 1941, Ch. 1163. ) ## 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. (Added by Stats. 1996, Ch. 829, Sec. 106. Effective January 1, 1997.)
  59. 8670.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 8. Revenue [8670 - 8676] ( Article 8 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section defines “original operator’s license” as an operator’s license that is not a renewal license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 8. Revenue [8670 - 8676] ( Article 8 added by Stats. 1941, Ch. 1163. ) ## 8670. As used in this chapter, “original operator’s license” means an operator’s license that is not a renewal license. (Added by Stats. 1941, Ch. 1163.)
  60. 8671.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 8. Revenue [8670 - 8676] ( Article 8 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section defines “renewal operator’s license” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 8. Revenue [8670 - 8676] ( Article 8 added by Stats. 1941, Ch. 1163. ) ## 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. (Amended by Stats. 1985, Ch. 1348, Sec. 79. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  61. 8672.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 8. Revenue [8670 - 8676] ( Article 8 added by Stats. 1941, Ch. 1163. )

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    This section defines two license terms used in the chapter: an original field representative’s license and a renewal field representative’s license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 8. Revenue [8670 - 8676] ( Article 8 added by Stats. 1941, Ch. 1163. ) ## 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. (Amended by Stats. 1981, Ch. 360, Sec. 9.)
  62. 8672.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 8. Revenue [8670 - 8676] ( Article 8 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section defines “original applicator’s license” and “renewal of an applicator’s license” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 8. Revenue [8670 - 8676] ( Article 8 added by Stats. 1941, Ch. 1163. ) ## 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. (Added by Stats. 2014, Ch. 560, Sec. 36. (SB 1244) Effective January 1, 2015.)
  63. 8673.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 8. Revenue [8670 - 8676] ( Article 8 added by Stats. 1941, Ch. 1163. )

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    License fees may not be prorated, except when a licensed operator, field representative, or applicator requests an earlier license expiration date under Section 8590.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 8. Revenue [8670 - 8676] ( Article 8 added by Stats. 1941, Ch. 1163. ) ## 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. (Amended by Stats. 2014, Ch. 560, Sec. 37. (SB 1244) Effective January 1, 2015.)
  64. 8674.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 8. Revenue [8670 - 8676] ( Article 8 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section sets maximum fees for several structural pest control licenses, registrations, examinations, filings, and related services, and it also directs the board’s handling of a research fund and advisory panel.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 8. Revenue [8670 - 8676] ( Article 8 added by Stats. 1941, Ch. 1163. ) ## 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). (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 five dollars ($5). (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. (Amended by Stats. 2018, Ch. 572, Sec. 16. (SB 1481) Effective January 1, 2019.)
  65. 8675.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 8. Revenue [8670 - 8676] ( Article 8 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    If a license renewal under this chapter is filed after the license has expired, a delinquent penalty applies.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 8. Revenue [8670 - 8676] ( Article 8 added by Stats. 1941, Ch. 1163. ) ## 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). (Amended by Stats. 1996, Ch. 829, Sec. 106.5. Effective January 1, 1997.)
  66. 8676.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 8. Revenue [8670 - 8676] ( Article 8 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The Department of Consumer Affairs must collect and account for money received under this chapter each month, deposit it in the Treasury for the Structural Pest Control Fund, and spend fund money for administration and carrying out the chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 8. Revenue [8670 - 8676] ( Article 8 added by Stats. 1941, Ch. 1163. ) ## 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. (Amended by Stats. 2013, Ch. 352, Sec. 14. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  67. 8690.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 9. Financial Responsibility [8690 - 8695] ( Article 9 added by Stats. 1959, Ch. 1318. )

    Verify source ↗

    The board cannot issue a company registration unless the applicant first files approved insurance evidence, and that evidence must include a 10-day cancellation-or-change notice from the insurer.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 9. Financial Responsibility [8690 - 8695] ( Article 9 added by Stats. 1959, Ch. 1318. ) ## 8690. The board shall not issue any company registration under this chapter unless the applicant shall have filed with the board on a form prescribed by the board evidence of an insurance policy approved by the board as specified in this article, being in effect at the time of the issuance of the company registration. This evidence shall include a provision that the board shall be given a 10-day notice by the insurance company should the policy be canceled or changed during the policy period in a manner as to affect the evidence. Another method of deposit, including a certificate of deposit, or other undertaking shall not satisfy this requirement. (Amended by Stats. 2013, Ch. 218, Sec. 1. (SB 662) Effective January 1, 2014.)
  68. 8691.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 9. Financial Responsibility [8690 - 8695] ( Article 9 added by Stats. 1959, Ch. 1318. )

    Verify source ↗

    A registered company may not perform the chapter’s regulated practices unless it keeps the insurance policy required by this article.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 9. Financial Responsibility [8690 - 8695] ( Article 9 added by Stats. 1959, Ch. 1318. ) ## 8691. A registered company shall not engage in the practices for which it is required to be registered by this chapter unless it maintains an insurance policy as specified in this article. (Amended by Stats. 2013, Ch. 218, Sec. 2. (SB 662) Effective January 1, 2014.)
  69. 8692.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 9. Financial Responsibility [8690 - 8695] ( Article 9 added by Stats. 1959, Ch. 1318. )

    Verify source ↗

    This section defines the required insurance policy and says it must include at least $500,000 coverage for bodily injury and $500,000 for property damage.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 9. Financial Responsibility [8690 - 8695] ( Article 9 added by Stats. 1959, Ch. 1318. ) ## 8692. (a) An “insurance policy” as used in this article means a contract of liability insurance issued by an insurance company authorized to transact business in this state or one issued by a nonadmitted carrier whose activities in this state are controlled by the Surplus Line Association, which insures the policyholder against loss from legal liability for damages on property upon which work is being performed or has been completed, including third-party losses, as a result of an accident or occurrence due to participation in control, prevention, or repair activities that require a license under this chapter. The insurance policy shall provide minimum limits of five hundred thousand dollars ($500,000) for any one loss due to bodily injury, sickness, or disease, including death at any time resulting therefrom, sustained by any person, and five hundred thousand dollars ($500,000) minimum for any one loss due to injury or destruction of property, including the loss of use of the property. (b) This section shall not be construed to require errors and omissions insurance for all activities relating to or during inspections, inspection reports, recommendations, estimates, and bids, whether oral or written. (Amended by Stats. 2013, Ch. 218, Sec. 3. (SB 662) Effective January 1, 2014.)
  70. 8693.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 9. Financial Responsibility [8690 - 8695] ( Article 9 added by Stats. 1959, Ch. 1318. )

    Verify source ↗

    The board may not keep a company registration in place unless a current, valid workers’ compensation certificate has been filed, and insurers must file and report specified policy information.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 9. Financial Responsibility [8690 - 8695] ( Article 9 added by Stats. 1959, Ch. 1318. ) ## 8693. (a) The board shall not issue, reinstate, or continue to maintain any company registration under this chapter unless the applicant or existing company has filed a current and valid Certificate of Workers’ Compensation Insurance as evidence of current and valid Workers’ Compensation Insurance coverage. A Certificate of Workers’ Compensation Insurance shall be issued and filed, electronically or otherwise, by an insurer duly licensed to write workers’ compensation insurance in this state. If reciprocity conditions exist, as provided in Section 3600.5 of the Labor Code, the registrar shall require the information deemed necessary to ensure compliance with this section. (b) This section does not apply to a registered company that has no employees provided that a statement is filed with the board on a form prescribed by the registrar prior to the issuance, reinstatement, or continued maintenance of a company registration, certifying that the registered company does not employ any person in any manner so as to become subject to the workers’ compensation laws of California or is not otherwise required to provide for workers’ compensation insurance coverage under California law. (c) (1) The insurer, including the State Compensation Insurance Fund, shall report to the registrar the following information for any policy required under this section: company name, registration number, policy number, dates that coverage is scheduled to commence and lapse, and cancellation date if applicable. (2) A workers’ compensation insurer shall also report to the registrar a registered company whose workers’ compensation insurance policy is canceled by the insurer if all of the following conditions are met: (A) The insurer has completed a premium audit or investigation. (B) A material misrepresentation has been made by the insured that results in financial harm to the insurer. (C) No reimbursement has been paid by the insured to the insurer. (d) (1) Willful or deliberate disregard and violation of workers’ compensation insurance laws constitutes a cause for disciplinary action by the registrar against the registered company and the qualifying manager or managers. (2) The provisions of Section 8553 shall not apply to any violation of this section. (Added by Stats. 2022, Ch. 190, Sec. 1. (SB 1064) Effective January 1, 2023.)
  71. 8695.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 9. Financial Responsibility [8690 - 8695] ( Article 9 added by Stats. 1959, Ch. 1318. )

    Verify source ↗

    Violating any provision of this article is a misdemeanor and can lead the board to suspend or revoke the operator’s license and company registration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 9. Financial Responsibility [8690 - 8695] ( Article 9 added by Stats. 1959, Ch. 1318. ) ## 8695. The violation of any provision of this article is a misdemeanor and shall be grounds for the suspension or revocation by the board of the operator’s license of the owner or qualifying manager or managers of the registered company and of the company registration. (Amended by Stats. 1985, Ch. 1348, Sec. 90. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  72. 8697.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 10. Indemnity Bonds [8697 - 8697.4] ( Article 10 repealed and added by Stats. 1964, 1st Ex. Sess., Ch. 17. )

    Verify source ↗

    Registered companies under this chapter must maintain a $12,500 bond executed by an admitted surety insurer.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 10. Indemnity Bonds [8697 - 8697.4] ( Article 10 repealed and added by Stats. 1964, 1st Ex. Sess., Ch. 17. ) ## 8697. Each company registered under the provisions of this chapter shall maintain a bond executed by an admitted surety insurer in the amount of twelve thousand five hundred dollars ($12,500). Another method of deposit, including a certificate of deposit, or other undertaking shall not satisfy this requirement. (Amended by Stats. 2013, Ch. 218, Sec. 5. (SB 662) Effective January 1, 2014.)
  73. 8697.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 10. Indemnity Bonds [8697 - 8697.4] ( Article 10 repealed and added by Stats. 1964, 1st Ex. Sess., Ch. 17. )

    Verify source ↗

    Bonds required under this article must be in favor of the State of California and benefit people harmed by fraud, dishonesty, or a violation of this chapter by a registered company.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 10. Indemnity Bonds [8697 - 8697.4] ( Article 10 repealed and added by Stats. 1964, 1st Ex. Sess., Ch. 17. ) ## 8697.2. The bonds required by this article shall be in favor of the State of California for the benefit of any person who, after entering into a contract with a registered company, is damaged by fraud or dishonesty of the registered company in the performance of the contract, or any person who is damaged as a result of a violation of this chapter by the registered company. (Amended by Stats. 1985, Ch. 1348, Sec. 93. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  74. 8697.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 10. Indemnity Bonds [8697 - 8697.4] ( Article 10 repealed and added by Stats. 1964, 1st Ex. Sess., Ch. 17. )

    Verify source ↗

    After certain suspensions or revocations, the registrar must require the applicant, licensee, or registered company to file a surety bond before the license or registration can be issued again, reissued, or restored.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 10. Indemnity Bonds [8697 - 8697.4] ( Article 10 repealed and added by Stats. 1964, 1st Ex. Sess., Ch. 17. ) ## 8697.3. (a) If, after a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, a license or company registration is suspended or revoked upon the grounds set forth in Article 7 (commencing with Section 8620), the registrar shall require the applicant, licensee, or registered company, as a condition to the issuance, reissuance, or restoration of the license or company registration, to file a surety bond in the sum to be determined by the registrar based upon the seriousness of the violation, but the sum shall not be less than one thousand dollars ($1,000) nor more than twenty-five thousand dollars ($25,000). (b) The bond required by this section shall be in addition to the bond required by Section 8697 of this article. (c) Each applicant, licensee, or registered company required to maintain a bond of the type provided in this section shall post the bond with the registrar for a period of at least two years and during the additional time as there may be unsatisfied claims outstanding against the same. (Amended by Stats. 2013, Ch. 218, Sec. 6. (SB 662) Effective January 1, 2014.)
  75. 8697.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 10. Indemnity Bonds [8697 - 8697.4] ( Article 10 repealed and added by Stats. 1964, 1st Ex. Sess., Ch. 17. )

    Verify source ↗

    If a licensee or registered company fails to keep a required bond in effect, the registrar must suspend or revoke the license or company registration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 10. Indemnity Bonds [8697 - 8697.4] ( Article 10 repealed and added by Stats. 1964, 1st Ex. Sess., Ch. 17. ) ## 8697.4. Upon failure of a licensee or registered company to maintain in full force and effect any bond required by this article the registrar shall issue an order suspending or revoking the license or company registration, which shall not be reinstated until a new bond is filed. (Amended by Stats. 1985, Ch. 1348, Sec. 95. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  76. 8698.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14.5. Structural Fumigation Enforcement Program [8698 - 8698.6] ( Chapter 14.5 added by Stats. 1993, Ch. 393, Sec. 1. )

    Verify source ↗

    The Director of the Department of Pesticide Regulation must provide oversight for Section 8698.1. Three county agricultural commissioners may carry out increased structural fumigation, inspection, and enforcement activities, funded by an $8 fee collected under Section 8698.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14.5. Structural Fumigation Enforcement Program [8698 - 8698.6] ( Chapter 14.5 added by Stats. 1993, Ch. 393, Sec. 1. ) ## 8698. The Director of the Department of Pesticide Regulation shall provide oversight for the purposes of carrying out Section 8698.1. The Los Angeles County Agricultural Commissioner, the Orange County Agricultural Commissioner, and the Santa Clara County Agricultural Commissioner may perform increased structural fumigation, inspection, and enforcement activities, to be funded by the eight-dollar ($8) fee collected pursuant to Section 8698.1. (Amended by Stats. 2022, Ch. 235, Sec. 1. (AB 2452) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 8698.6.)
  77. 8698.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14.5. Structural Fumigation Enforcement Program [8698 - 8698.6] ( Chapter 14.5 added by Stats. 1993, Ch. 393, Sec. 1. )

    Verify source ↗

    Companies that do structural fumigation in Los Angeles, Orange, or Santa Clara County must pay a $8 fee per fumigation to the county agricultural commissioner and submit the fee by the 10th day of the following month with a report listing the addresses of the fumigation sites.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14.5. Structural Fumigation Enforcement Program [8698 - 8698.6] ( Chapter 14.5 added by Stats. 1993, Ch. 393, Sec. 1. ) ## 8698.1. (a) Any company that performs a structural fumigation in Los Angeles County, Orange County, or Santa Clara County shall pay to the county agricultural commissioner a fee of eight dollars ($8) for each fumigation conducted at a specific location. (b) The fees shall be submitted by the 10th day of the month following the month in which the structural fumigation was performed. The fees shall be accompanied by report that lists the addresses of all locations in that county at which a structural fumigation was performed during the prior month. (Amended by Stats. 2022, Ch. 235, Sec. 2. (AB 2452) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 8698.6.)
  78. 8698.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14.5. Structural Fumigation Enforcement Program [8698 - 8698.6] ( Chapter 14.5 added by Stats. 1993, Ch. 393, Sec. 1. )

    Verify source ↗

    The Director of the Department of Pesticide Regulation may adopt regulations for this chapter, and must consult the Structural Pest Control Board and review recommendations when doing so.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14.5. Structural Fumigation Enforcement Program [8698 - 8698.6] ( Chapter 14.5 added by Stats. 1993, Ch. 393, Sec. 1. ) ## 8698.2. The Director of the Department of Pesticide Regulation may adopt regulations to carry out the provisions of this chapter. In adopting regulations the director shall, in consultation with the Structural Pest Control Board, review recommendations from any individual, including any licensed pest control operator regarding matters which pertain to the use of structural fumigation to control pests. The director shall respond within a reasonable period of time to recommendations which the director deems are practicable and in the interest of the structural pest control industry and the public. The response of the director shall be in writing and shall contain statements regarding reasons for acceptance or rejection of a recommendation. (Added by Stats. 1993, Ch. 393, Sec. 1. Effective January 1, 1994. Repealed as of January 1, 2029, pursuant to Section 8698.6.)
  79. 8698.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14.5. Structural Fumigation Enforcement Program [8698 - 8698.6] ( Chapter 14.5 added by Stats. 1993, Ch. 393, Sec. 1. )

    Verify source ↗

    The Director of the Department of Pesticide Regulation or a listed county agricultural commissioner may levy a civil penalty for violations, but the charged person must get notice and an opportunity to be heard first.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14.5. Structural Fumigation Enforcement Program [8698 - 8698.6] ( Chapter 14.5 added by Stats. 1993, Ch. 393, Sec. 1. ) ## 8698.3. (a) The Director of the Department of Pesticide Regulation or a county agricultural commissioner listed in Section 8698 may levy a civil penalty against a person or company violating this chapter, including any regulation adopted pursuant to this chapter for failing to comply with Section 8698.1. (b) Before a civil penalty is levied, the person charged with the violation shall receive notice of the nature of the violation and shall be given an opportunity to be heard, including the right to review the director’s evidence and a right to present evidence on his or her own behalf. (c) Review of the decision of the director may be sought by the person against whom the penalty was levied, within 30 days of receiving notice of the decision, pursuant to Section 1094.5 of the Code of Civil Procedure. (d) After the exhaustion of the review procedure provided in this section, the director, or his or her representative, may file a certified copy of a final decision of the director that directs the payment of a civil penalty and, if applicable, any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. No fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section. (Amended by Stats. 2018, Ch. 572, Sec. 17. (SB 1481) Effective January 1, 2019. Repealed as of January 1, 2029, pursuant to Section 8698.6.)
  80. 8698.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14.5. Structural Fumigation Enforcement Program [8698 - 8698.6] ( Chapter 14.5 added by Stats. 1993, Ch. 393, Sec. 1. )

    Verify source ↗

    A county agricultural commissioner may require payment of delinquent county fees before registering a structural pest control licensee to operate in the county.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14.5. Structural Fumigation Enforcement Program [8698 - 8698.6] ( Chapter 14.5 added by Stats. 1993, Ch. 393, Sec. 1. ) ## 8698.4. Pursuant to Section 15204.6 of the Food and Agricultural Code, a county agricultural commissioner may require full payment of any delinquent fees due to that county pursuant to Section 8698.1 as a condition to registering a structural pest control licensee to operate a structural pest control business in that county. (Added by Stats. 2013, Ch. 596, Sec. 4. (AB 1177) Effective January 1, 2014. Repealed as of January 1, 2029, pursuant to Section 8698.6.)
  81. 8698.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14.5. Structural Fumigation Enforcement Program [8698 - 8698.6] ( Chapter 14.5 added by Stats. 1993, Ch. 393, Sec. 1. )

    Verify source ↗

    Money collected under this chapter must be paid to the county and used only for enforcement and training related to the structural fumigation program.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14.5. Structural Fumigation Enforcement Program [8698 - 8698.6] ( Chapter 14.5 added by Stats. 1993, Ch. 393, Sec. 1. ) ## 8698.5. Funds collected pursuant to this chapter shall be paid to the county and used for the sole purpose of funding enforcement and training activities directly related to the structural fumigation program created pursuant to Section 8698. The fees collected under this chapter shall be in addition to, and shall not be used to supplant, other funds provided to the county agricultural commissioner pursuant to Section 12844 of the Food and Agricultural Code. (Amended by Stats. 2008, Ch. 179, Sec. 19. Effective January 1, 2009. Repealed as of January 1, 2029, pursuant to Section 8698.6.)
  82. 8698.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14.5. Structural Fumigation Enforcement Program [8698 - 8698.6] ( Chapter 14.5 added by Stats. 1993, Ch. 393, Sec. 1. )

    Verify source ↗

    This chapter stays in effect until January 1, 2029, when it is repealed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14.5. Structural Fumigation Enforcement Program [8698 - 8698.6] ( Chapter 14.5 added by Stats. 1993, Ch. 393, Sec. 1. ) ## 8698.6. This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2023, Ch. 82, Sec. 1. (AB 307) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Chapter 14.5, commencing with Section 8698.)
  83. 870.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1.2. Expedited licensure process [870- 870.] ( Chapter 1.2 added by Stats. 2022, Ch. 560, Sec. 2. )

    Verify source ↗

    Certain California licensing boards must expedite licensure for applicants who show they intend to provide abortions, and applicants must submit specific proof and still meet all other licensing requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1.2. Expedited licensure process [870- 870.] ( Chapter 1.2 added by Stats. 2022, Ch. 560, Sec. 2. ) ## 870. (a) The Medical Board of California, the Osteopathic Medical Board of California, the Board of Registered Nursing, and the Physician Assistant Board shall expedite the licensure process for an applicant who demonstrates that they intend to provide abortions, as defined in Section 123464 of the Health and Safety Code, within the scope of practice of their license. (b) An applicant shall demonstrate their intent to provide abortions by providing a letter declaring the applicant’s intention to provide abortions and a letter from an employer or health care entity indicating that the applicant has accepted employment or entered into a contract to provide abortions, the applicant’s starting date, the location where the applicant will be providing abortions, and that the applicant will be providing abortions within the scope of practice of their license in accordance with Sections 2253, 2725.4, and 3502.4, as applicable. (c) Nothing in this section shall be construed as changing existing licensure requirements. An applicant applying for expedited licensure under subdivision (a) shall meet all applicable statutory and regulatory licensure requirements. (Added by Stats. 2022, Ch. 560, Sec. 2. (AB 657) Effective January 1, 2023.)
  84. 8700.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    This chapter may be called the Professional Land Surveyors’ Act, and any statutory reference to the Land Surveyors’ Act must be read as referring to that Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. ) ## 8700. This chapter may be cited as the Professional Land Surveyors’ Act. Whenever reference is made to the Land Surveyors’ Act by any statute, it shall be construed as referring to the Professional Land Surveyors’ Act. (Amended by Stats. 1987, Ch. 582, Sec. 1.)
  85. 8701.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    This section defines “professional land surveyor” as someone who practices or offers to practice land surveying.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. ) ## 8701. “Professional land surveyor” refers to one who practices or offers to practice land surveying. Whenever reference is made to a land surveyor by any statute, it shall be construed as referring to a professional land surveyor. (Amended by Stats. 1987, Ch. 582, Sec. 2.)
  86. 8702.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    “Director” means the Director of Consumer Affairs.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. ) ## 8702. “Director” refers to the Director of Consumer Affairs. (Amended by Stats. 1971, Ch. 716.)
  87. 8703.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    This section defines “responsible charge of work” for land surveying work and says it does not mean financial liability.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. ) ## 8703. The phrase “responsible charge of work” means the independent control and direction, by the use of initiative, skill, and independent judgment, of the observations, measurements, and descriptions involved in land surveying work. The phrase does not refer to the concept of financial liability. (Amended by Stats. 1986, Ch. 229, Sec. 6.)
  88. 8704.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    A person is treated as practicing land surveying if he says he is a land surveyor or is in responsible charge of land surveying work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. ) ## 8704. Any person practices land surveying when he professes to be a land surveyor or is in responsible charge of land surveying work. (Added by Stats. 1939, Ch. 41.)
  89. 8705.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    This section defines “subordinate” for land surveying work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. ) ## 8705. A subordinate is any person directly supervised by a licensed land surveyor or registered civil engineer and who assists a licensed land surveyor or registered civil engineer in the practice of land surveying without assuming responsible charge of work. (Amended by Stats. 1941, Ch. 834.)
  90. 8706.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    This section defines “Board” as the Board for Professional Engineers, Land Surveyors, and Geologists.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. ) ## 8706. “Board” refers to the Board for Professional Engineers, Land Surveyors, and Geologists. (Amended by Stats. 2010, Ch. 696, Sec. 5. (AB 1431) Effective January 1, 2011.)
  91. 8707.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    “Executive officer” means the executive officer of the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. ) ## 8707. “Executive officer” refers to the executive officer of the board. (Amended by Stats. 1984, Ch. 47, Sec. 79. Effective March 21, 1984.)
  92. 8708.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    A person may not practice land surveying unless licensed or exempt, and only licensed persons may use the protected land surveyor titles.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 1. General Provisions [8700 - 8708] ( Article 1 added by Stats. 1939, Ch. 41. ) ## 8708. In order to safeguard property and public welfare, no person shall practice land surveying unless appropriately licensed or specifically exempted from licensure under this chapter, and only persons licensed under this chapter shall be entitled to take and use the titles “licensed land surveyor,” “professional land surveyor,” or “land surveyor,” or any combination of these words, phrases, or abbreviations thereof. (Amended by Stats. 2000, Ch. 1006, Sec. 24. Effective January 1, 2001.)
  93. 8710.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The board may make and enforce professional conduct rules for this chapter, and people licensed or certificated under the chapter must follow them.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. ) ## 8710. (a) The Board for Professional Engineers, Land Surveyors, and Geologists is vested with power to administer the provisions and requirements of this chapter, and may make and enforce rules and regulations that are reasonably necessary to carry out its provisions. (b) The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter, or a license or certificate issued to a civil engineer pursuant to Chapter 7 (commencing with Section 6700), shall be governed by these rules and regulations. (c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. (Amended by Stats. 2024, Ch. 588, Sec. 15. (AB 3253) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  94. 8710.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The Board must make public protection its highest priority when carrying out licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. ) ## 8710.1. Protection of the public shall be the highest priority for the Board for Professional Engineers, Land Surveyors, and Geologists in exercising its licensing, regulatory, and disciplinary functions. Whenever protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Amended by Stats. 2011, Ch. 432, Sec. 29. (SB 944) Effective January 1, 2012.)
  95. 8711.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The board’s executive officer must keep a complete record of all license applications and the board’s actions on them.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. ) ## 8711. The executive officer of the board shall keep a complete record of all applications for license and the board’s action thereon. (Amended by Stats. 1984, Ch. 47, Sec. 80. Effective March 21, 1984.)
  96. 8712.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The board must compile and maintain a register of all licensed land surveyors, or have it maintained on its behalf.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. ) ## 8712. The board shall compile and maintain, or may have compiled and maintained on its behalf, a register of all licensed land surveyors that includes the following information for each licensee: (a) Name. (b) Address of record. (c) Type of branch license. (d) License number. (e) The date the license was issued. (f) The date the license will expire. (Repealed and added by Stats. 2007, Ch. 354, Sec. 37. Effective January 1, 2008.)
  97. 8713.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The department may hire clerical assistance if needed, following civil service regulations, to carry out and enforce this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. ) ## 8713. The department may employ such clerical assistance under civil service regulations as may be necessary properly to carry out and enforce the provisions of this chapter. (Added by Stats. 1939, Ch. 41.)
  98. 8714.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The board must establish relations with relevant professional land surveying bodies in other states, and may do so with bodies in other countries.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. ) ## 8714. The board shall establish relations with bodies that regulate the practice of professional land surveying, or closely related professions, or that register or license professional land surveyors in other states, and may establish relations with those bodies in other countries, for the purposes of working toward uniformly high professional standards and mutual recognition of registration and licensure. (Added by Stats. 2011, Ch. 432, Sec. 30. (SB 944) Effective January 1, 2012.)
  99. 8715.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The board may create licensed land surveyor technical advisory committees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. ) ## 8715. The board may establish licensed land surveyor technical advisory committees to advise and assist the board with respect to the following: (1) The review and verification of applications for licensure. (2) The evaluation and investigation of potential violations of this chapter. (3) The amendment, repeal, adoption, or revision of board rules, regulations, policies, or procedures. (Amended by Stats. 1986, Ch. 229, Sec. 8.)
  100. 8715.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The board must appoint each member of each technical advisory committee, and each committee may have no more than five members.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. ) ## 8715.1. Each member of each technical advisory committee shall be appointed by the board and shall serve at the pleasure of the board. Each committee shall be composed of no more than five members. (Amended by Stats. 1986, Ch. 229, Sec. 9.)
  101. 8715.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    Each member of a technical advisory committee must be licensed under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. ) ## 8715.2. Each member of each technical advisory committee shall be licensed under this chapter. (Amended by Stats. 1986, Ch. 229, Sec. 10.)
  102. 8715.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    Technical advisory committee members serve without compensation, but they may receive per diem and expenses under Section 103.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. ) ## 8715.3. All members of each technical advisory committee shall serve without compensation but shall receive per diem and expenses as provided in Section 103. (Amended by Stats. 1986, Ch. 229, Sec. 11.)
  103. 8715.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    Each member of each technical advisory committee must be granted the same immunity as a public employee under the cited Government Code article.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2. Administration [8710 - 8715.4] ( Article 2 added by Stats. 1939, Ch. 41. ) ## 8715.4. Each member of each technical advisory committee shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code. (Amended by Stats. 1986, Ch. 229, Sec. 12.)
  104. 8720.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2.3. Land Surveyors Review Committees [8720 - 8720.6] ( Article 2.3 added by Stats. 1972, Ch. 1036. )

    Verify source ↗

    The board may establish land surveyors review committees when it considers them necessary.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2.3. Land Surveyors Review Committees [8720 - 8720.6] ( Article 2.3 added by Stats. 1972, Ch. 1036. ) ## 8720. The board, when it deems necessary, may establish land surveyors review committees to hear all matters assigned by the board, including, but not limited to, any contested case which is assigned by the board. Each committee shall exist so long as the board deems that it is necessary. (Added by Stats. 1972, Ch. 1036.)
  105. 8720.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2.3. Land Surveyors Review Committees [8720 - 8720.6] ( Article 2.3 added by Stats. 1972, Ch. 1036. )

    Verify source ↗

    Each review committee must have at least three licensed land surveyors appointed by the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2.3. Land Surveyors Review Committees [8720 - 8720.6] ( Article 2.3 added by Stats. 1972, Ch. 1036. ) ## 8720.1. Each review committee shall consist of no fewer than three licensed land surveyors appointed by the board. Each member of a committee shall have the same qualifications and shall be subject to the same rules and regulations as if he were a member of the board. (Added by Stats. 1972, Ch. 1036.)
  106. 8720.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2.3. Land Surveyors Review Committees [8720 - 8720.6] ( Article 2.3 added by Stats. 1972, Ch. 1036. )

    Verify source ↗

    Each committee member is entitled to a per diem and expenses, as provided in Section 103.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2.3. Land Surveyors Review Committees [8720 - 8720.6] ( Article 2.3 added by Stats. 1972, Ch. 1036. ) ## 8720.2. Each member of a committee shall receive a per diem and expenses as provided in Section 103. (Added by Stats. 1972, Ch. 1036.)
  107. 8720.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2.3. Land Surveyors Review Committees [8720 - 8720.6] ( Article 2.3 added by Stats. 1972, Ch. 1036. )

    Verify source ↗

    Committee hearings must follow specified Government Code procedures, unless this article says otherwise. If a committee hears a contested case, the hearing officer must be present during the committee’s consideration and must assist and advise it if asked.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2.3. Land Surveyors Review Committees [8720 - 8720.6] ( Article 2.3 added by Stats. 1972, Ch. 1036. ) ## 8720.3. Except as otherwise provided in this article, all hearings which are conducted by a committee shall be conducted in accordance with the provisions of Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. If a contested case is heard by a committee, the hearing officer who presided at the hearing shall be present during the committee’s consideration of the case and, if requested, shall assist and advise the committee. (Amended by Stats. 2002, Ch. 1013, Sec. 64. Effective January 1, 2003.)
  108. 8720.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2.3. Land Surveyors Review Committees [8720 - 8720.6] ( Article 2.3 added by Stats. 1972, Ch. 1036. )

    Verify source ↗

    After a committee hearing ends, the committee must prepare a proposed decision and send it to the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2.3. Land Surveyors Review Committees [8720 - 8720.6] ( Article 2.3 added by Stats. 1972, Ch. 1036. ) ## 8720.4. At the conclusion of any hearing which is conducted by a committee, the committee shall prepare a proposed decision, in such form that it may be adopted by the board as the decision in the case, and shall transmit it to the board. The proposed decision shall be subject to the same procedure as the proposed decision of a hearing officer under subdivisions (b) and (c) of Section 11517 of the Government Code. (Added by Stats. 1972, Ch. 1036.)
  109. 8720.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2.3. Land Surveyors Review Committees [8720 - 8720.6] ( Article 2.3 added by Stats. 1972, Ch. 1036. )

    Verify source ↗

    The board may adopt, amend, or repeal rules and regulations needed to carry out this article.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2.3. Land Surveyors Review Committees [8720 - 8720.6] ( Article 2.3 added by Stats. 1972, Ch. 1036. ) ## 8720.5. The board may adopt, amend, or repeal, in accordance with the provisions of Chapter 3.5 (commencing with Section 11340), Part 1, Division 3, Title 2 of the Government Code, rules and regulations necessary to implement the provisions of this article. (Amended by Stats. 2002, Ch. 1013, Sec. 65. Effective January 1, 2003.)
  110. 8720.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2.3. Land Surveyors Review Committees [8720 - 8720.6] ( Article 2.3 added by Stats. 1972, Ch. 1036. )

    Verify source ↗

    Members of a land surveyors review committee, other board-appointed committees, and board-appointed representatives are entitled to the same immunity as a public employee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 2.3. Land Surveyors Review Committees [8720 - 8720.6] ( Article 2.3 added by Stats. 1972, Ch. 1036. ) ## 8720.6. Each member of a land surveyors review committee or other board-appointed committee and any board-appointed representative of the board shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code. (Added by Stats. 1986, Ch. 229, Sec. 13.)
  111. 8725.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. )

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    People who practice or offer to practice land surveying in the state must show they are qualified and licensed under the chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. ) ## 8725. Any person practicing, or offering to practice, land surveying in this state shall submit evidence that he or she is qualified to practice and shall be licensed under this chapter. It is unlawful for any person to practice, offer to practice, or represent himself or herself, as a land surveyor in this state, or to set, reset, replace, or remove any survey monument on land in which he or she has no legal interest, unless he or she has been licensed or specifically exempted from licensing under this chapter. (Amended by Stats. 1987, Ch. 805, Sec. 2.)
  112. 8725.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. )

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    The section says public entities must follow the same land-surveying licensure requirements that apply to private sector surveyors, and they must designate at least one authorized person as the person in responsible charge of surveying work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. ) ## 8725.1. It is the intent of the Legislature that the licensure requirements that are imposed upon private sector professional land surveyors and land surveying partnerships, firms, or corporations shall be imposed upon the state and any city, county, city and county, district, and special district that shall adhere to those requirements. Therefore, for the purposes of Section 8725 and this chapter, at least one person authorized to practice land surveying shall be designated the person in responsible charge of professional land surveying work practiced in any department or agency of the state, city, county, city and county, district, or special district. (Added by Stats. 2014, Ch. 400, Sec. 15. (SB 1467) Effective January 1, 2015.)
  113. 8726.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. )

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    This section defines when a person is practicing land surveying and requires certain government document reviews to be done by, or under the direct supervision of, a licensed land surveyor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. ) ## 8726. (a) A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following: (1) Locates, relocates, establishes, reestablishes, or retraces the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section 6731. (2) Determines the configuration or contour of the earth’s surface, or the position of fixed objects above, on, or below the surface of the earth by applying the principles of mathematics or photogrammetry. (3) Locates, relocates, establishes, reestablishes, or retraces any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries. (4) Makes any survey for the subdivision or resubdivision of any tract of land. For the purposes of this subdivision, the term “subdivision” or “resubdivision” shall be defined to include, but not be limited to, the definition in the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code) or the Subdivided Lands Law (Chapter 1 (commencing with Section 11000) of Part 2 of Division 4 of this code). (5) By the use of the principles of land surveying determines the position for any monument or reference point that marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point. (6) Geodetic surveying or cadastral surveying. As used in this chapter: (A) Geodetic surveying means performing surveys, in which account is taken of the figure and size of the earth to determine or predetermine the horizontal or vertical positions of fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in the practice of land surveying or for stating the position of fixed objects, geodetic control points, monuments, or stations by California Coordinate System coordinates. (B) Cadastral surveying means performing a survey that creates, marks, defines, retraces, or reestablishes the boundaries and subdivisions of the public land survey system of the United States. (7) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in paragraphs (1) to (6), inclusive. (8) Indicates, in any capacity or in any manner, by the use of the title “land surveyor” or by any other title or by any other representation that they practice or offer to practice land surveying in any of its branches. (9) Procures or offers to procure land surveying work for themselves or others. (10) Manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced. (11) Coordinates the work of professional, technical, or special consultants in connection with the activities authorized by this chapter. (12) Determines the information shown or to be shown within the description of any deed, trust deed, or other title document prepared for the purpose of describing the limit of real property in connection with any one or more of the functions described in paragraphs (1) to (6), inclusive. (13) Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in paragraphs (1), (2), (3), (4), (5), (6), (11), and (12). (14) Renders a statement regarding the accuracy of maps or measured survey data. (b) Any department or agency of the state or any city, county, or city and county that has an unregistered person in responsible charge of land surveying work on January 1, 1986, shall be exempt from the requirement that the person be licensed as a land surveyor until the person currently in responsible charge is replaced. (c) The review, approval, or examination by a governmental entity of documents prepared or performed pursuant to this section shall be done by, or under the direct supervision of, a person authorized to practice land surveying. (Amended by Stats. 2021, Ch. 106, Sec. 1. (SB 414) Effective January 1, 2022.)
  114. 8726.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. )

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    A licensed land surveyor may offer or arrange incidental civil engineering work for the surveyor’s practice, if that work is done by or under a registered civil engineer’s direction. A licensed land surveyor may also manage or run a surveying practice that offers that incidental work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. ) ## 8726.1. Any licensed land surveyor may offer to practice, procure, and offer to procure civil engineering work incidental to his or her land surveying practice, even though he or she is not authorized to perform such work, provided all such civil engineering work is performed by or under the direction of a registered civil engineer. Further, any licensed land surveyor may manage or conduct as manager, proprietor, or agent, a land surveying practice which offers to practice, procure, and offers to procure, such incidental civil engineering work. (Added by Stats. 1983, Ch. 760, Sec. 5.)
  115. 8726.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    A licensed land surveyor may also perform land planning when it is connected to the land surveying activities allowed by this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. ) ## 8726.2. A licensed land surveyor may also perform land planning in connection with the land surveying activities authorized by this chapter. (Added by Stats. 1988, Ch. 817, Sec. 2.)
  116. 8727.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    Certain surveys made only for geological or landscaping purposes, and that do not determine a property line, are not treated as surveying under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. ) ## 8727. Surveys made exclusively for geological purposes performed by a person authorized to practice geology under Chapter 12.5 (commencing with Section 7800) or exclusively for landscaping purposes performed by a person authorized to practice landscape architecture pursuant to Chapter 3.5 (commencing with Section 5615), that do not involve the determination of any property line do not constitute surveying within the meaning of this chapter. (Amended by Stats. 2019, Ch. 630, Sec. 13. (AB 1522) Effective January 1, 2020.)
  117. 8728.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. )

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    Surveys authorized under this chapter do not include designing structures or fixed works covered by civil engineering.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. ) ## 8728. Surveys authorized under this chapter do not include the design, either in whole or in part, of any structure or fixed works embraced within the practice of civil engineering. (Amended by Stats. 1941, Ch. 834.)
  118. 8730.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. )

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    Several listed people and employees are exempt from the land-surveyor licensing requirement, but only within the stated limits and exceptions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. ) ## 8730. The following persons are not required to be licensed under this chapter: (a) Officers and employees of the United States of America, practicing solely as those officers or employees, except when surveying the exterior boundaries of federal lands in this state. (b) Insofar as he or she acts in the following capacity: (1) Any state, county, city, city and county, or district employee directly responsible to a licensed land surveyor or registered civil engineer. (2) Any subordinate to a land surveyor or civil engineer licensed or registered as required by the laws of this state insofar as he or she acts as a subordinate. (c) Any officer or employee of an electric, gas, or telephone corporation, as defined in Sections 218, 222, and 234, respectively, of the Public Utilities Code, with annual revenues of twenty-five million dollars ($25,000,000) or more, whenever he or she prepares a legal description of an easement for utility distribution lines and service facilities, provided the following conditions are met: (1) Each description identifies the corporation that prepared the description and states that it was prepared pursuant to this exemption. (2) Each corporation has in its employ, or on contract, an individual authorized to practice land surveying who shall be responsible for establishing criteria for determining the qualifications of technical specialists preparing those legal descriptions, specifying the format and information to be shown on maps or documents containing those descriptions, and capable of answering questions regarding the preparation of those descriptions. (d) Any state, county, city, or city and county public safety employee investigating any crime or infraction for the purpose of determining or prosecuting a crime or infraction. This exemption shall not permit a public safety employee to offer or perform land surveying as defined in Section 8726 for any purpose other than determining or prosecuting a crime or infraction. (Amended by Stats. 1999, Ch. 125, Sec. 1. Effective January 1, 2000.)
  119. 8731.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. )

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    Licensed civil engineers, and civil engineers exempt from Chapter 7 licensure, are exempt from licensing under this chapter and may practice land surveying, but civil engineers first licensed after January 1, 1982 must get a land surveyor license before doing so.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 3. Application of the Chapter [8725 - 8731] ( Article 3 added by Stats. 1939, Ch. 41. ) ## 8731. A licensed civil engineer and a civil engineer exempt from licensure under Chapter 7 (commencing with Section 6700) are exempt from licensing under this chapter and may engage in the practice of land surveying with the same rights and privileges and the same duties and responsibilities as a licensed land surveyor, provided that for civil engineers who become licensed after January 1, 1982, they shall obtain a license as a land surveyor under the provisions of this chapter, before practicing land surveying as defined in this chapter. (Amended by Stats. 2016, Ch. 236, Sec. 22. (SB 1165) Effective January 1, 2017.)
  120. 8740.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

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    Applicants for a land surveyor-in-training certificate or land surveyor license must apply on the board’s form, have all statements under oath, and include the fee set by this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8740. (a) An application for a certificate as a land surveyor-in-training or for a license as a land surveyor shall be made to the board on the form prescribed by it, with all statements therein made under oath, and shall be accompanied by the fee fixed by this chapter. (b) The board may authorize an organization specified by the board pursuant to Section 8745 to receive directly from applicants payment of the examination fees charged by that organization as payment for examination materials and services. (Amended by Stats. 2016, Ch. 236, Sec. 23. (SB 1165) Effective January 1, 2017.)
  121. 8741.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

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    Applicants for land surveyor-in-training or professional land surveyor certification must meet specified education, exam, and eligibility requirements; the board can set reasonable regulation-based education or experience requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8741. (a) An applicant for certification as a land surveyor-in-training shall comply with all of the following: (1) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480. (2) Successfully pass the first division of the examination. (3) Satisfactorily complete two years or more of postsecondary education in land surveying, two years or more of experience in land surveying, or a combination of postsecondary education and experience in land surveying. (b) The board need not verify the applicant’s eligibility for certification as a land surveyor-in-training other than to require the applicant to sign a statement of eligibility on the application form. (c) The board may prescribe by regulation reasonable educational or experience requirements for an applicant to meet the requirements in paragraph (3) of subdivision (a). (d) An applicant for licensure as a professional land surveyor shall comply with all of the following: (1) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480. (2) Furnish evidence that he or she meets the requirements of Section 8742. (3) Successfully passed the second division of the examination. (4) Be certified as a land surveyor-in-training in this state, be certified as a land surveyor-in-training or surveyor intern in another state or territory of the United States, or be exempt therefrom. An applicant licensed by the board as a civil engineer is exempt from the requirement of this paragraph. (5) Be thoroughly familiar with (A) the procedure and rules governing the survey of public lands as set forth in Manual of Surveying Instructions (2009), published by the federal Bureau of Land Management, and (B) the principles of real property relating to boundaries and conveyancing. (Amended by Stats. 2016, Ch. 236, Sec. 24. (SB 1165) Effective January 1, 2017.)
  122. 8741.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

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    The board sets the land surveyor exam structure and may waive parts of it for qualified applicants.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8741.1. (a) The first division of the examination shall test the applicant’s fundamental knowledge of surveying, mathematics, and basic science. (b) The second division of the examination shall test the applicant’s ability to apply his or her knowledge and experience and to assume responsible charge in the professional practice of land surveying. The second division of the examination shall include an examination that incorporates a national examination for land surveying by a nationally recognized entity approved by the board and a supplemental California specific examination. The California specific examination shall include, as a separate part, an examination to test the applicant’s knowledge of the provisions of this chapter and the board’s rules and regulations regulating the practice of professional land surveying in this state. (c) The board may by rule provide a waiver of the first division of the examination for applicants whose education and experience qualifications substantially exceed the requirements of Section 8742. (d) The board may by rule provide for a waiver of the second division of the examination and the assignment to a special examination for those applicants whose educational qualifications are equal to, and whose experience qualifications substantially exceed, those qualifications established under subdivision (c). The special examination may be either written or oral, or a combination of both. (Amended by Stats. 2016, Ch. 236, Sec. 25. (SB 1165) Effective January 1, 2017.)
  123. 8742.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

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    An applicant for a land surveyor license must meet at least one listed education-and-experience standard, and the board counts certain education as experience under specified conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8742. (a) The educational qualifications and experience in land surveying, which an applicant for a license as a land surveyor shall possess, shall not be less than one of the following prescribed criteria: (1) Graduation from a four-year curriculum with an emphasis in land surveying approved by the board or accredited by a national or regional accrediting agency recognized by the United States Office of Education at a postsecondary educational institution and two years of actual broad based progressive experience in land surveying, including one year of responsible field training and one year of responsible office training, satisfactory to the board. (2) Actual broad based progressive experience in land surveying for at least six years, including one year of responsible field training and one year of responsible office training, satisfactory to the board. (3) Licensure as a civil engineer with two years of actual broad based progressive experience in land surveying satisfactory to the board. (b) With respect to an applicant for a license as a land surveyor, the board shall count one year of postsecondary education in land surveying as one year of experience in land surveying up to a maximum of four years, provided the applicant has graduated from the course in land surveying and the curriculum in land surveying is approved by the board or is accredited by a regional or national accrediting agency recognized for the purpose by the United States Office of Education. Each year of study in an approved or an accredited course in land surveying without graduation shall be counted the same as one-half year of experience. Each applicant claiming equivalent credit for education may be required to produce a complete transcript of all college level courses completed. Until January 1, 2000, the board may, at its discretion, confer credit as experience in land surveying, not in excess of two years, for successfully passing the first division of the examination prescribed in Section 8741.1. (Amended by Stats. 2016, Ch. 236, Sec. 26. (SB 1165) Effective January 1, 2017.)
  124. 8743.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

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    An applicant for a land surveyor license must file the names and addresses of at least four qualified land surveyors or civil engineers with the application.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8743. The names and addresses of at least four land surveyors or civil engineers, duly qualified to practice in the place in which such practice has been conducted, each of whom has sufficient knowledge of the applicant to enable him or her to certify to the applicant’s professional integrity, ability and fitness to receive a license, shall be submitted with the application for a license as a land surveyor. (Amended by Stats. 2016, Ch. 236, Sec. 27. (SB 1165) Effective January 1, 2017.)
  125. 8744.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    A land surveyor license applicant must state in the application that, if licensed, they will support the Constitutions of California and the United States and faithfully perform a licensed land surveyor’s duties.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8744. The applicant for a license as a land surveyor shall state in his or her application that, should he or she be licensed, he or she will support the Constitution of this State and of the United States, and that he or she will faithfully discharge the duties of a licensed land surveyor. (Amended by Stats. 2016, Ch. 236, Sec. 28. (SB 1165) Effective January 1, 2017.)
  126. 8745.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The board must set when and where license examinations are held, and it must set the exam scope and procedure by board rule.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8745. Examinations for license shall be held at such times and at such places within the state as determined by board rule. The scope of examinations and the method of procedure shall be prescribed by board rule. The board may make arrangements with a public or private organization to conduct the examination. The board may contract with a public or private organization for materials or services related to the examination. (Amended by Stats. 2006, Ch. 658, Sec. 115. Effective January 1, 2007.)
  127. 8746.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    An applicant who fails an examination may take it again if they file a new application and pay the examination fee set by the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8746. An applicant failing an examination may be examined again upon filing a new application and the payment of the examination fee fixed by the board. (Amended by Stats. 2021, Ch. 188, Sec. 13. (SB 826) Effective January 1, 2022.)
  128. 8747.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    Applicants who meet the board’s requirements must be issued the appropriate license or certificate, and a land surveyor-in-training certificate cannot be used to practice land surveying or to use that title unless the person holds a valid certificate.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8747. Any applicant who has met the requirements for certification or licensure prescribed by the board under this chapter shall have a suitable license issued to him or her. (a) An applicant who has met the requirements of subdivision (a) and (b) of Section 8741 shall be issued a certificate as a land surveyor-in-training. A renewal or other fee, other than the application fee, shall not be charged for this certification. This certificate shall become invalid upon the person being issued a license as a land surveyor, as provided in subdivision (b). A land surveyor-in-training certificate shall not authorize the holder thereof to practice or offer to practice land surveying. A person shall not use the title of land surveyor-in-training, or any abbreviation of this title, unless he or she is the holder of a valid land surveyor-in-training certificate. (b) An applicant who has met the requirements of subdivision (d) of Section 8741 shall be issued a license as a land surveyor. The license shall authorize him or her to practice as a land surveyor. (Amended by Stats. 2016, Ch. 236, Sec. 29. (SB 1165) Effective January 1, 2017.)
  129. 8747.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The board must issue a retired land surveyor license if the applicant applies, pays the fee, and meets the licensing and discipline conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8747.5. (a) The board shall issue, upon application and payment of the fee established by Section 8805, a retired license to a land surveyor who has been licensed by the board for a minimum of five years within California, and a minimum of 20 years within the United States or territories of the United States, and who holds a license that is not suspended, revoked, or otherwise disciplined, or subject to pending discipline under this chapter. (b) The holder of a retired license issued pursuant to this section shall not engage in any activity for which an active land surveyor’s license is required. A land surveyor holding a retired license shall be permitted to use the titles “retired professional land surveyor” or “professional land surveyor, retired.” (c) The holder of a retired license shall not be required to renew that license. (d) In order for the holder of a retired license issued pursuant to this section to restore his or her license to active status, he or she shall pass the examination that is required for initial licensure with the board. (Added by Stats. 1999, Ch. 983, Sec. 10.16. Effective January 1, 2000.)
  130. 8748.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The board may issue a land surveyor’s license without a written examination if the applicant applies, pays the required fee, already has a valid land surveyor’s license from any state or country, and meets this chapter’s and the board’s qualification requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8748. The board, upon application therefor, and the payment of the fee fixed by this chapter, may issue a land surveyor’s license, without written examination, to any person who holds a valid land surveyor’s license issued to him or her by any state or country when the applicant’s qualifications meet the requirements of this chapter and rules established by the board. (Amended by Stats. 2010, Ch. 415, Sec. 31. (SB 1491) Effective January 1, 2011.)
  131. 8748.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    If the board finds a land surveyor license or land surveyor-in-training certification applicant lacks the required qualifications, it may refund the applicant’s examination fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8748.5. If an applicant for license as a land surveyor or certification as a land surveyor-in-training is found by the board to lack the qualifications required for such license or certification, the board may, in accordance with the provisions of Section 158 of this code, refund to them their examination fee. (Amended by Stats. 2024, Ch. 588, Sec. 18. (AB 3253) Effective January 1, 2025.)
  132. 8749.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The board may issue a duplicate license certificate to replace one that is lost, destroyed, or mutilated, if its rules and regulations are followed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8749. A duplicate certificate of license to replace one lost, destroyed or mutilated may be issued subject to the rules and regulations of the board. The duplicate certificate fee fixed by this chapter shall be charged. (Added by Stats. 1939, Ch. 41.)
  133. 8750.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    After being licensed, each licensee must get a board-authorized stamp or seal with specified name, certificate number, and title wording.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8750. Upon being licensed, each licensee shall obtain a stamp or seal of the design authorized by the board bearing the licensee’s name, number of certificate, and the legend “Licensed Land Surveyor,” or “Professional Land Surveyor.” (Amended by Stats. 2009, Ch. 368, Sec. 5. (AB 645) Effective January 1, 2010.)
  134. 8751.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    A person may not hold out as, or use the title of, a professional land surveyor or listed title variants unless they have a valid, unsuspended, and unrevoked license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8751. No person shall represent himself or herself as, or use the title of, or any abbreviation or combination of the words in the title of, professional land surveyor, licensed land surveyor, land surveyor, land survey engineer, survey engineer, geodetic engineer, geomatics engineer, or geometronic engineer unless he or she is the holder of a valid, unsuspended, and unrevoked license. (Amended by Stats. 2002, Ch. 1013, Sec. 66. Effective January 1, 2003.)
  135. 8752.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    A board-issued license or renewal certificate that is unrevoked, unsuspended, and unexpired is presumptive evidence that the named person is legally licensed under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8752. An unrevoked, unsuspended and unexpired license, or renewal certificate, issued by the board is presumptive evidence in all courts and places that the person named is legally licensed under this chapter. (Added by Stats. 1939, Ch. 41.)
  136. 8753.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    Applicants and license or certificate holders with a valid email address must give that email address to the board, and they must update the board within 30 days after any change. The board must keep the email address confidential unless a court order requires disclosure.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 4. Issuance of License [8740 - 8753] ( Article 4 added by Stats. 1939, Ch. 41. ) ## 8753. (a) Each applicant for licensure or certification who has a valid email address shall report to the board that email address at the time of application. (b) Each certificate or license holder who has a valid email address shall report that email address to the board at the time of renewal. (c) Each applicant or certificate or license holder shall notify the board within 30 days of any change to their email address on file with the board. (d) In the interest of protecting the privacy of applicants and certificate or license holders, the email address provided to the board pursuant to this chapter shall not be considered a public record and shall not be disclosed pursuant to Section 27 or pursuant to a request under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), unless required pursuant to a court order by a court of competent jurisdiction. (Added by Stats. 2022, Ch. 302, Sec. 9. (SB 1120) Effective January 1, 2023.)
  137. 8759.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    Licensed land surveyors and certain licensed civil engineers must use a written contract for covered professional services, and the contract must be signed before work starts unless the client gives a written waiver.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8759. (a) A licensed land surveyor or licensed civil engineer authorized to practice land surveying shall use a written contract when contracting to provide professional services to a client pursuant to this chapter. The written contract shall be executed by the licensed land surveyor or licensed civil engineer and the client or the client’s representative prior to the licensed land surveyor or licensed civil engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following: (1) A description of the services to be provided to the client by the licensed land surveyor or licensed civil engineer. (2) A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties. (3) The name, address, and license or certificate number of the licensed land surveyor or licensed civil engineer, and the name and address of the client. (4) A description of the procedure that the licensed land surveyor or licensed civil engineer and the client will use to accommodate additional services. (5) A description of the procedure to be used by both parties to terminate the contract. (6) Disclosure of any existence of a current professional liability insurance policy covering the licensed land surveyor or licensed civil engineer in responsible charge of the services. (b) This section shall not apply to any of the following: (1) Professional land surveying services rendered by a licensed land surveyor or licensed civil engineer for which the client will not pay compensation. (2) A licensed land surveyor or licensed civil engineer who has a current or prior contractual relationship with the client to provide professional services pursuant to this chapter, and that client has paid the licensed land surveyor or licensed civil engineer all of the fees that are due under the contract. (3) If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required. (4) Professional services rendered by a licensed land surveyor or a licensed civil engineer to any of the following: (A) A professional engineer licensed under Chapter 7 (commencing with Section 6700). (B) A land surveyor licensed under this chapter. (C) An architect licensed under Chapter 3 (commencing with Section 5500). (D) A contractor licensed under Chapter 9 (commencing with Section 7000). (E) A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800). (F) A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates. (G) A public agency. (c) “Written contract” as used in this section includes a contract that is in electronic form. (Amended by Stats. 2024, Ch. 588, Sec. 19. (AB 3253) Effective January 1, 2025.)
  138. 8760.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    Licensed land surveyors and registered civil engineers may administer and certify oaths in specified surveying situations, and they must keep a record of those oaths with the survey records.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8760. Every licensed land surveyor or registered civil engineer may administer and certify oaths: (a) When it becomes necessary to take testimony for the identification or establishment of old, lost or obliterated corners. (b) When a corner or monument is found in a perishable condition, and it appears desirable that evidence concerning it be perpetuated. (c) When the importance of the survey makes it desirable, to administer an oath to his assistants for the faithful performance of their duty. A record of oaths shall be preserved as part of the field notes of the survey and a memorandum of them shall be made on the record of survey filed under this article. (Added by Stats. 1939, Ch. 41.)
  139. 8761.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    Licensed land surveyors and civil engineers authorized to practice land surveying may do that work, but surveying documents must be prepared and signed in the required way.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8761. (a) Any licensed land surveyor or civil engineer authorized to practice land surveying may practice land surveying and prepare maps, plats, reports, descriptions, or other documentary evidence in connection with that practice. (b) All maps, plats, reports, descriptions, or other land surveying documents shall be prepared by, or under the responsible charge of, a licensed land surveyor or civil engineer authorized to practice land surveying and shall include his or her name and license number. (c) Interim maps, plats, reports, descriptions, or other land surveying documents shall include a notation as to the intended purpose of the map, plat, report, description, or other document, such as “preliminary” or “for examination only.” (d) All final maps, plats, reports, descriptions, or other land surveying documents issued by a licensed land surveyor or civil engineer authorized to practice land surveying shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. If the land surveying document has multiple pages or sheets, the signature, seal or stamp, and date of signing and sealing or stamping shall appear, at a minimum, on the title sheet, cover sheet or page, or signature sheet, unless otherwise required by law. (e) It is unlawful for any person to sign, stamp, seal, or approve any map, plat, report, description, or other land surveying document unless the person is authorized to practice land surveying. (f) It is unlawful for any person to stamp or seal any map, plat, report, description, or other land surveying document with the seal or stamp after the certificate of the licensee that is named on the seal or stamp has expired or has been suspended or revoked, unless the certificate has been renewed or reissued. (Amended by Stats. 2010, Ch. 328, Sec. 19. (SB 1330) Effective January 1, 2011.)
  140. 8761.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    A licensed land surveyor or registered civil engineer may only exercise document-preparation authority in a way that matches their authority to practice land surveying.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8761.1. The authority of a licensed land surveyor or registered civil engineer to prepare, sign, issue, stamp, seal, or approve any map, plat, report, description, or other document shall be consistent with that person’s authority to practice land surveying. (Amended by Stats. 1987, Ch. 805, Sec. 5.)
  141. 8761.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    A civil engineer or land surveyor who signs surveying documents is not responsible for damage from later unauthorized changes or uses of those documents, unless that person’s own work was also a proximate cause of the damage.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8761.2. Notwithstanding the provisions of Section 8761, a registered civil engineer or licensed land surveyor who signs land surveying maps, plats, reports, descriptions, or other surveying documents shall not be responsible for damage caused by subsequent changes to or uses of those maps, plats, reports, descriptions, or other surveying documents, where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the registered civil engineer or licensed land surveyor who originally signed the maps, plats, reports, descriptions, or other surveying documents, provided that the engineering or surveying service rendered by the civil engineer or land surveyor who signed the maps, plats, reports, descriptions, or other surveying documents was not also a proximate cause of the damage. (Added by Stats. 1985, Ch. 1507, Sec. 6.)
  142. 8762.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    Licensed land surveyors or licensed civil engineers may file a record of survey, and must file one within 90 days when subdivision (b) applies. The county surveyor examines filed records, and the county recorder must return certain self-addressed mailing materials within 10 days if provided.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8762. (a) Except as provided in subdivision (b), after making a field survey in conformity with the practice of land surveying, the licensed surveyor or licensed civil engineer may file with the county surveyor in the county in which the field survey was made, a record of the survey. (b) Notwithstanding subdivision (a), after making a field survey in conformity with the practice of land surveying, the licensed land surveyor or licensed civil engineer shall file with the county surveyor in the county in which the field survey was made a record of the survey relating to land boundaries or property lines, if the field survey discloses any of the following: (1) Material evidence or physical change, which in whole or in part does not appear on any subdivision map, official map, or record of survey previously recorded or properly filed in the office of the county recorder or county surveying department, or map or survey record maintained by the Bureau of Land Management of the United States. (2) A material discrepancy with the information contained in any subdivision map, official map, or record of survey previously recorded or filed in the office of the county recorder or the county surveying department, or any map or survey record maintained by the Bureau of Land Management of the United States. For purposes of this subdivision, a “material discrepancy” is limited to a material discrepancy in the position of points or lines, or in dimensions. (3) Evidence that, by reasonable analysis, might result in materially alternate positions of lines or points, shown on any subdivision map, official map, or record of survey previously recorded or filed in the office of the county recorder or the county surveying department, or any map or survey record maintained by the Bureau of Land Management of the United States. (4) The location, relocation, establishment, reestablishment, or retracement of one or more points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from an inspection of the subdivision map, official map, or record of survey. (5) The points or lines set during the performance of a field survey of any parcel described in any deed or other instrument of title recorded in the county recorder’s office are not shown on any subdivision map, official map, or record of survey. (c) The record of survey required to be filed pursuant to this section shall be filed within 90 days after the setting of boundary monuments during the performance of a field survey or within 90 days after completion of a field survey, whichever occurs first. (d) (1) If the 90-day time limit contained in subdivision (c) cannot be complied with for reasons beyond the control of the licensed land surveyor or licensed civil engineer, the 90-day time period shall be extended until the time at which the reasons for delay are eliminated. If the licensed land surveyor or licensed civil engineer cannot comply with the 90-day time limit, he or she shall, prior to the expiration of the 90-day time limit, provide the county surveyor with a letter stating that he or she is unable to comply. The letter shall provide an estimate of the date for completion of the record of survey, the reasons for the delay, and a general statement as to the location of the survey, including the assessor’s parcel number or numbers. (2) The licensed land surveyor or licensed civil engineer shall not initially be required to provide specific details of the survey. However, if other surveys at the same location are performed by others which may affect or be affected by the survey, the licensed land surveyor or licensed civil engineer shall then provide information requested by the county surveyor without unreasonable delay. (e) Any record of survey filed with the county surveyor shall, after being examined by him or her, be filed with the county recorder. (f) If the preparer of the record of survey provides a postage-paid, self-addressed envelope or postcard with the filing of the record of survey, the county recorder shall return the postage-paid, self-addressed envelope or postcard to the preparer of the record of survey with the filing data within 10 days of final filing. For the purposes of this subdivision, “filing data” includes the date, the book or volume, and the page at which the record of survey is filed with the county recorder. (Amended by Stats. 2012, Ch. 661, Sec. 13. (SB 1576) Effective January 1, 2013.)
  143. 8762.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    A record of survey dividing land into additional parcels cannot be filed unless it includes the required certificate of compliance.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8762.5. No record of survey of land shown on the latest adopted county assessment roll as a unit or as contiguous units, which shows a division of such land into additional parcels, shall be filed with the county surveyor or with the county recorder, unless there is attached thereto a certificate by the county surveyor if the land lies within an unincorporated area, or a certificate by the city engineer if the land lies within a city, of compliance with the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, and any applicable local ordinance enacted pursuant thereto. (Amended by Stats. 1975, Ch. 24.)
  144. 8763.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    A record of survey must be made as a map in a permanent, legible form and in a specified size, with a blank one-inch margin around each sheet.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8763. The record of survey shall be a map, legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth, or polyester base film, 18 by 26 inches or 460 by 660 millimeters. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of one inch or 25 millimeters. (Amended by Stats. 2002, Ch. 1013, Sec. 68. Effective January 1, 2003.)
  145. 8764.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    A record of survey must include specified survey details and explain why certain mandatory filing rules apply, but it does not have to cover an entire property.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8764. (a) The record of survey shall show the applicable provisions of the following consistent with the purpose of the survey: (1) All monuments found, set, reset, replaced, or removed, describing their kind, size, and location, and giving other data relating thereto. (2) Bearing or witness monuments, basis of bearings, bearing and length of lines, scale of map, and north arrow. (3) Name and legal designation of the property in which the survey is located, and the date or time period of the survey. (4) The relationship to those portions of adjacent tracts, streets, or senior conveyances that have common lines with the survey. (5) Memorandum of oaths. (6) Statements required by Section 8764.5. (7) Any other data, in graphic or narrative form, necessary for the intelligent interpretation of the various items and locations of the points, lines, and areas shown, or convenient for the identification of the survey or surveyor, as may be determined by the civil engineer or land surveyor preparing the record of survey. (b) The record of survey shall also show, either graphically or by note, the reason or reasons, if any, why the mandatory filing provisions of paragraphs (1) to (5), inclusive, of subdivision (b) of Section 8762 apply. (c) The record of survey need not consist of a survey of an entire property. (Amended by Stats. 2021, Ch. 106, Sec. 2. (SB 414) Effective January 1, 2022.)
  146. 8764.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    Survey maps must include the specified surveyor, county surveyor, and recorder statements, and no other statements may appear on the face of the map unless required or authorized by this article.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8764.5. Statements shall appear on the map as follows: Surveyor’s Statement This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Professional Land Surveyors’ Act at the request of Name of Person Authorizing Survey in _______, 20__. (Signed and sealed) (Date) L.S. (or R.C.E.) No. County Surveyor’s Statement This map has been examined in accordance with Section 8766 of the Professional Land Surveyors’ Act this ____ day of ____, 20__. (Signed and sealed) _____ County Surveyor _____ L.S. (or R.C.E.) No. Recorder’s Statement Filed this ____ day of ____, 20__, at ____.m. in Book ____ of ____ at page ____, at the request of ____. (Signed) _____ County Recorder _____ No other statements may appear on the face of the map except those required or authorized by this article. (Amended by Stats. 2025, Ch. 592, Sec. 23. (SB 861) Effective January 1, 2026.)
  147. 8765.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    A record of survey is not required for certain surveys that meet listed conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8765. A record of survey is not required of any survey: (a) When it has been made by a public officer in his or her official capacity and a reproducible copy thereof, showing all data required by Section 8764, except the recorder’s statement, has been filed with the county surveyor of the county in which the land is located. Any map so filed shall be indexed and kept available for public inspection. (b) Made by the United States Bureau of Land Management. (c) When a map is in preparation for recording or shall have been recorded under the provisions of the Subdivision Map Act. (d) When the survey is a retracement of lines shown on a subdivision map, official map, or a record of survey, where no material discrepancies with those records are found and sufficient monumentation is found to establish the precise location of property corners thereon, provided that a corner record is filed for any property corners which are set or reset or found to be of a different character than indicated by prior records. For purposes of this subdivision, a “material discrepancy” is limited to a material discrepancy in the position of points or lines, or in dimensions. (e) When the survey is a survey of a mobilehome park interior lot as defined in Section 18210 of the Health and Safety Code, provided that no subdivision map, official map, or record of survey has been previously filed for the interior lot or no conversion to residential ownership has occurred pursuant to Section 66428.1 of the Government Code. (Amended by Stats. 1999, Ch. 608, Sec. 1.5. Effective January 1, 2000.)
  148. 8766.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The county surveyor must examine a record of survey within 20 working days after receiving it, unless more time is mutually agreed. The examination cannot require the submitting surveyor or engineer to change methods or to do a field survey, and it must be performed by or under the direct supervision of a licensed land surveyor or registered civil engineer.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8766. (a) Within 20 working days after receiving the record of survey, or within the additional time as may be mutually agreed upon by the land surveyor or civil engineer and the county surveyor, the county surveyor shall examine it with respect to all of the following: (1) Its accuracy of mathematical data and substantial compliance with the information required by Section 8764. (2) Its compliance with Sections 8762.5, 8763, 8764.5, 8771.5, and 8772. (b) The examination pursuant to this section shall not require the licensed land surveyor or registered civil engineer submitting the record of survey to change the methods or procedures utilized or employed in the performance of the survey, nor shall the examination require a field survey to verify the data shown on the record of survey. (c) Nothing in this section shall limit the county surveyor from including notes expressing opinions regarding the record of survey, or the methods or procedures utilized or employed in the performance of the survey. (d) The examination pursuant to this section shall be performed by, or under the direct supervision of, a licensed land surveyor or registered civil engineer. (Amended by Stats. 2003, Ch. 607, Sec. 40. Effective January 1, 2004.)
  149. 8766.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The county surveyor may charge a reasonable fee to examine a record of survey, but the fee cannot exceed the service cost or $100, whichever is lower.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8766.5. The county surveyor may charge a reasonable fee for examining a record of survey pursuant to Section 8766 which shall not exceed the cost of the service or one hundred dollars ($100), whichever is the lesser. However, this one hundred dollars ($100) maximum fee may be increased by the board of supervisors if such an increase is authorized by a duly adopted ordinance and the ordinance was adopted pursuant to a staff report demonstrating that the cost of providing the examination service actually exceeds one hundred dollars ($100) per record of survey. (Amended by Stats. 1984, Ch. 943, Sec. 6.)
  150. 8767.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    If the county surveyor finds a record of survey complies with Section 8766, the surveyor must endorse it and send it to the county recorder. If it does not comply, the surveyor must return it with written changes needed. The submitting surveyor or engineer may make agreed changes and must resubmit within 60 days, unless a different time is mutually agreed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8767. If the county surveyor finds that the record of survey complies with the examination in Section 8766, the county surveyor shall endorse a statement on it of his or her examination, and shall present it to the county recorder for filing. Otherwise the county surveyor shall return it to the person who presented it, together with a written statement of the changes necessary to make it conform to the requirements of Section 8766. The licensed land surveyor or registered civil engineer submitting the record of survey may then make the agreed changes and note those matters which cannot be agreed upon in accordance with the provisions of Section 8768 and shall resubmit the record of survey within 60 days, or within the time as may be mutually agreed upon by the licensed surveyor or registered engineer and the county surveyor, to the county surveyor for filing pursuant to Section 8768. (Amended by Stats. 1997, Ch. 580, Sec. 1.1. Effective January 1, 1998.)
  151. 8768.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    If the survey parties cannot agree on a record of survey, the differences must be explained on the map and the county recorder must file it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8768. If the matters appearing on the record of survey cannot be agreed upon by the licensed land surveyor or the registered civil engineer and the county surveyor within 10 working days after the licensed land surveyor or registered civil engineer resubmits and requests the record of survey be filed without further change, an explanation of the differences shall be noted on the map and it shall be presented by the county surveyor to the county recorder for filing, and the county recorder shall file the record of survey. The licensed land surveyor or registered civil engineer filing the record of survey shall attempt to reach agreement with the county surveyor regarding the language for the explanation of the differences. If they cannot agree on the language explaining the differences, then both shall add a notation on the record of survey explaining the differences. The explanation of the differences shall be sufficiently specific to identify the factual basis for the difference. (Amended by Stats. 1997, Ch. 580, Sec. 1.2. Effective January 1, 1998.)
  152. 8768.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    If the county surveyor does not timely file a record of survey, the submitting licensed land surveyor or registered civil engineer may sue to compel filing. After a resubmission request without further change, the filing is treated as a ministerial act, and the court may award costs, witness expenses, experts, and reasonable attorney’s fees to the prevailing party in a related action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8768.5. If the county surveyor fails to timely file the record of survey with the county recorder in accordance with Section 8768, the licensed land surveyor or registered civil engineer submitting the map may bring an action pursuant to Section 1085 of the Code of Civil Procedure to compel the filing of the record of survey. After the licensed land surveyor or registered civil engineer resubmits and requests the record of survey be filed without further change, the filing of the record of survey shall be deemed to be a ministerial act. In any action brought pursuant to Section 1085 of the Code of Civil Procedure between a licensed land surveyor or a registered civil engineer and the county surveyor of any county, the court may award to the prevailing party costs and other expenses of litigation, including the payment of experts and other witnesses, and reasonable attorney’s fees. (Added by Stats. 1984, Ch. 943, Sec. 8.5.)
  153. 8769.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The filing and indexing charge for any record of survey must be the same as the charge provided for subdivided land under Government Code Section 27372.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8769. The charge for filing any record of survey, and for indexing the same, shall be the same as provided for subdivided land under Section 27372 of the Government Code. (Amended by Stats. 1957, Ch. 1865.)
  154. 8770.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    County recorders must store records of survey so the maps stay together, safe, and reproducible, keep proper indexes, keep the original map safely, and produce original maps for comparison on demand.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8770. The record of survey filed with the county recorder of any county shall be stored in any manner that will ensure that the maps will be kept together, safe, and reproducible. The county recorder shall keep proper indexes of such record of survey by the name of grant, tract, subdivision, or United States subdivision. The original map shall be stored for safekeeping in a reproducible condition. It shall be proper procedure for the recorder to maintain for public reference a set of counter maps that are prints of the original maps, and the original maps to be produced for comparison upon demand. (Amended by Stats. 2022, Ch. 427, Sec. 2. (SB 1489) Effective January 1, 2023.)
  155. 8770.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    A filed record of survey may be amended to add an omitted course or distance or to correct listed minor errors, if the county surveyor approves the correction.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8770.5. Any record of survey filed under the provisions of this chapter may be amended to show any course or distance that was omitted therefrom, or to correct any error in: course or distance shown thereon, the description of the land which the record of survey comprised, lot numbers, street names, acreages, identification of adjacent record maps, or the character of monuments being set, or to correct any other minor errors approved for correction by the county surveyor in the same manner that subdivision maps may be amended under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code. (Amended by Stats. 1975, Ch. 24.)
  156. 8770.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    When a licensed land surveyor or registered civil engineer uses “certify” or “certification” in surveying or engineering documents, the term is treated as a professional opinion, not a warranty or guarantee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8770.6. The use of the word “certify” or “certification” by a licensed land surveyor or registered civil engineer in the practice of professional engineering or land surveying or the preparation of maps, plats, reports, descriptions, or other surveying documents only constitutes an expression of professional opinion regarding those facts or findings which are the subject of the certification, and does not constitute a warranty or guarantee, either expressed or implied. (Added by Stats. 1986, Ch. 229, Sec. 21.)
  157. 8771.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    Survey monuments must be placed, referenced, retained, and filed in specified ways to preserve survey control and related boundaries.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8771. (a) Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed, to ensure, together with monuments already existing, the perpetuation or facile reestablishment of any point or line of the survey. (b) When monuments exist that control the location of subdivisions, tracts, boundaries, roads, streets, or highways, or provide horizontal or vertical survey control, the monuments shall be located and referenced by or under the direction of a licensed land surveyor or licensed civil engineer legally authorized to practice land surveying, prior to the time when any streets, highways, other rights-of-way, or easements are improved, constructed, reconstructed, maintained, resurfaced, or relocated, and a corner record or record of survey of the references shall be filed with the county surveyor. (c) A permanent monument shall be reset in the surface of the new construction or a witness monument or monuments set to perpetuate the location if any monument could be destroyed, damaged, covered, disturbed, or otherwise obliterated, and a corner record or record of survey shall be filed with the county surveyor prior to the recording of a certificate of completion for the project. Sufficient controlling monuments shall be retained or replaced in their original positions to enable property, right-of-way and easement lines, property corners, and subdivision and tract boundaries to be reestablished without devious surveys necessarily originating on monuments differing from those that currently control the area. (d) The governmental agency performing or permitting construction or maintenance work is responsible for ensuring that either the governmental agency or landowner performing the construction or maintenance work provides for monument perpetuation required by this section. (e) It shall be the duty of every licensed land surveyor or licensed civil engineer legally authorized to practice land surveying to assist the governmental agency in matters of maps, field notes, and other pertinent records. Monuments set to mark the limiting lines of highways, roads, streets or right-of-way or easement lines shall not be deemed adequate for this purpose, unless specifically noted on the corner record or record of survey of the improvement works with direct ties in bearing or azimuth and distance between these and other monuments of record. (f) The decision to file either a corner record or a record of survey as required by subdivision (b) or (c) shall be at the election of the licensed land surveyor or the licensed civil engineer legally authorized to practice land surveying submitting the document. (Amended by Stats. 2014, Ch. 400, Sec. 16. (SB 1467) Effective January 1, 2015.)
  158. 8771.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    A record of survey map showing California Coordinate System coordinates may not be recorded unless it also shows, or is accompanied by a map showing, the control scheme used to determine those coordinates.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8771.5. When coordinates in the California Coordinate System are shown for points on a record of survey map the map may not be recorded unless it also shows, or is accompanied by a map showing, the control scheme through which the coordinates were determined from points of known coordinates. (Added by Stats. 1957, Ch. 1041.)
  159. 8771.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    If a monument used as survey control is not permanently durable, the licensed land surveyor or registered civil engineer must reconstruct or rehabilitate it so it remains as permanent and easy to find as reasonably possible.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8771.6. (a) In every case where any monument is found with a physical condition that is less than permanent and durable, the licensed land surveyor or registered civil engineer using that monument as control in any survey shall reconstruct or rehabilitate the monument so that the same shall be left by them in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future. (b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2024, Ch. 588, Sec. 20. (AB 3253) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  160. 8772.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

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    Monuments set by a licensed land surveyor or registered civil engineer must be permanently and visibly marked with the setter’s certificate number; public-agency monuments must be marked with the agency name and the subdivision served.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8772. Any monument set by a licensed land surveyor or registered civil engineer to mark or reference a point on a property or land line shall be permanently and visibly marked or tagged with the certificate number of the surveyor or civil engineer setting it, each number to be preceeded by the letters “L.S.” or “R.C.E.,” respectively, as the case may be or, if the monument is set by a public agency, it shall be marked with the name of the agency and the political subdivision it serves. Nothing in this section shall prevent the inclusion of other information on the tag which will assist in the tracing or location of the survey records which relate to the tagged monument. (Amended by Stats. 1984, Ch. 943, Sec. 9.)
  161. 8773.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

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    Land surveyors authorized in this state must complete, sign, seal, and file a corner record with the county surveyor or engineer for covered corners, subject to stated exceptions. They may also file corner records for certain property corners and related points.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8773. (a) Except as provided in subdivision (b) of Section 8773.4, a person authorized to practice land surveying in this state shall complete, sign, stamp with his or her seal, and file with the county surveyor or engineer of the county where the corners are situated, a written record of corner establishment or restoration to be known as a “corner record” for every corner established by the Survey of the Public Lands of the United States, except “lost corners,” as defined by the Manual of Surveying Instructions (2009), published by the federal Bureau of Land Management and every accessory to such corner which is found, set, reset, or used as control in any survey by such authorized person. (b) After the establishment of a lost corner, as defined by the Manual of Surveying Instructions (2009), published by the federal Bureau of Land Management a record of survey shall be filed as set forth in Section 8764. (c) Any person authorized to practice land surveying in this state may file such corner record for any property corners, property controlling corners, reference monuments, or accessories to a property corner. (Amended by Stats. 2012, Ch. 661, Sec. 14. (SB 1576) Effective January 1, 2013.)
  162. 8773.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

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    The board must set the required contents, filing form, and filing deadlines for a corner record.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8773.1. The board shall by regulation provide and prescribe the information which shall be necessary to be included in the corner record and the board shall prescribe the form in which the corner record shall be submitted and filed, and the time limits within which the form shall be filed. A corner record shall be a single 8.5 by 11 inch sheet which may consist of a front and back page. (Amended by Stats. 1999, Ch. 608, Sec. 2. Effective January 1, 2000.)
  163. 8773.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    County surveyors or engineers must review corner records, respond within set deadlines, and file or return them depending on compliance.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8773.2. (a) A “corner record” submitted to the county surveyor or engineer shall be examined by him or her for compliance with subdivision (d) of Section 8765 and Sections 8773, 8773.1, and 8773.4, endorsed with a statement of his or her examination, and filed with the county surveyor or returned to the submitting party within 20 working days after receipt. (b) In the event the submitted “corner record” fails to comply with the examination criteria of subdivision (a), the county surveyor or engineer shall return it to the person who submitted it together with a written statement of the changes necessary to make it conform to the requirements of subdivision (a). The licensed land surveyor or licensed civil engineer submitting the corner record may then make the agreed changes in compliance with subdivision (a) and note those matters that cannot be agreed upon in accordance with the provisions of subdivision (c), and shall resubmit the corner record within 60 days, or within the time as may be mutually agreed upon by the licensed land surveyor or licensed civil engineer and the county surveyor, to the county surveyor for filing pursuant to subdivision (c). The county surveyor or engineer shall file the corner record within 10 working days after receipt of the resubmission. (c) If the matters appearing on the corner record cannot be agreed upon by the licensed land surveyor or the licensed civil engineer and the county surveyor within 10 working days after the licensed land surveyor or licensed civil engineer resubmits and requests the corner record be filed without further change, an explanation of the differences shall be noted on the corner record and it shall be submitted to and filed by the county surveyor. The licensed land surveyor or licensed civil engineer filing the corner record shall attempt to reach agreement with the county surveyor regarding the language for the explanation of the differences. If they cannot agree on the language explaining the differences, then both shall add a notation on the corner record explaining the differences. The explanation of the differences shall be sufficiently specific to identify the factual basis for the differences. (d) The corner record filed with the county surveyor of any county shall be securely fastened by him or her into a suitable book provided for that purpose. (e) A charge for examining, indexing, and filing the corner record may be collected by the county surveyor, not to exceed the amount required for the recording of a deed. (f) If the preparer of the corner record provides a postage-paid, self-addressed envelope or postcard with the filing of the corner record, the county surveyor shall return the postage-paid, self-addressed envelope or postcard to the preparer of the corner record with the filing data within 20 days of final filing. For the purposes of this subdivision, “filing data” includes the date, book or volume, and the page at which the corner record is filed by the county surveyor. This subdivision shall not apply to a county surveyor’s office that maintains an electronic database of filed corner records that is accessible to the public by reference to the preparer’s license number. (Amended by Stats. 2003, Ch. 607, Sec. 41. Effective January 1, 2004.)
  164. 8773.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    When a corner record is filed under Section 8773, the licensed land surveyor or registered civil engineer must rebuild or restore the corner monument and its accessories.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8773.3. In every case where a corner record is filed pursuant to Section 8773, the licensed land surveyor or registered civil engineer shall reconstruct or rehabilitate the monument of such corner, and accessories to such corner, so that the same shall be left by them in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future. (Amended by Stats. 2024, Ch. 588, Sec. 21. (AB 3253) Effective January 1, 2025.)
  165. 8773.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    A corner record generally must be signed and sealed by a licensed land surveyor or licensed civil engineer before filing, with a limited signature option for certain government agencies.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8773.4. (a) A corner record shall be signed by a licensed land surveyor or licensed civil engineer and stamped with his or her seal, or in the case of an agency of the United States government or the State of California, the certificate may be signed by the chief of the survey party making the survey, setting forth his or her official title, prior to filing. (b) A corner record need not be filed when: (1) A corner record is on file and the corner is found as described in the existing corner record. (2) All conditions of Section 8773 are complied with by proper notations on a record of survey map filed in compliance with the Professional Land Surveyors’ Act or a parcel or subdivision map, in compliance with the Subdivision Map Act. (3) When the survey is a survey of a mobilehome park interior lot as defined in Section 18210 of the Health and Safety Code, provided that no subdivision map, official map, or record of survey has been previously filed for the interior lot or no conversion to residential ownership has occurred pursuant to Section 66428.1 of the Government Code. (c) This section shall not apply to maps filed prior to January 1, 1974. (Amended by Stats. 2003, Ch. 607, Sec. 42. Effective January 1, 2004.)
  166. 8774.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

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    Land surveyors may enter real property to do surveying and investigate boundary evidence, and property owners or tenants must provide reasonable access; for certain freeway-related surveys, the freeway agency must reference monuments at no charge.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8774. (a) The right of entry upon or to real property to investigate and utilize boundary evidence, and to perform surveys, is a right of persons legally authorized to practice land surveying, and it is the responsibility of the owner or tenant who owns or controls property to provide reasonable access without undue delay. The right of entry is not contingent upon the provision of prior notice to the owner or tenant. However, the owner or tenant shall be notified of the proposed time of entry where practicable. (b) The requirements of subdivision (a) do not apply to monuments within access-controlled portions of freeways. (c) When required for a property survey, monuments within a freeway right-of-way shall be referenced to usable points outside the access control line by the agency having jurisdiction over the freeway when requested in writing by the registered civil engineer or licensed land surveyor who is to perform the property survey. The work shall be done within a reasonable time period by the agency in direct cooperation with the engineer or surveyor and at no charge to him or her. (Added by Stats. 1987, Ch. 805, Sec. 7.)
  167. 8774.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. )

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    Surveyors or engineers who prepare certain filed survey documents must send a copy to the county surveyor, who must keep a geographic index; the county surveyor may charge a matching fee, unless the county already has a similar transmission and indexing requirement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5. Surveying Practice [8759 - 8774.5] ( Article 5 added by Stats. 1939, Ch. 41. ) ## 8774.5. (a) Upon the filing of a record of survey, amended record of survey, or certificate of correction for recordation pursuant to this chapter, the surveyor or engineer who prepared the document shall transmit a copy of the document, including all recording information, to the county surveyor, who shall maintain an index, by geographic location, of the documents. (b) The county surveyor may charge a fee equal to the fee charged for recording the documents specified in subdivision (a), for purposes of financing the costs of maintaining the index of those documents. (c) The requirements of this section shall not apply to any county which requires the documents specified in subdivision (a) to be transmitted to the county surveyor and requires that official to maintain an index of those documents. (Added by Stats. 1991, Ch. 350, Sec. 2.)
  168. 8775.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.5. Photogrammetry [8775 - 8775.3] ( Article 5.5 added by Stats. 1965, Ch. 1967. )

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    A person may not use the title “photogrammetrist” or “photogrammetric surveyor” unless they meet one of the listed registration or licensing conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.5. Photogrammetry [8775 - 8775.3] ( Article 5.5 added by Stats. 1965, Ch. 1967. ) ## 8775. No person shall use the title or any abbreviation of the title photogrammetrist or photogrammetric surveyor unless he or she holds registration as a civil engineer or licensed land surveyor, or unless he or she is licensed as a photogrammetric surveyor. (Amended by Stats. 2000, Ch. 1006, Sec. 31. Effective January 1, 2001.)
  169. 8775.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.5. Photogrammetry [8775 - 8775.3] ( Article 5.5 added by Stats. 1965, Ch. 1967. )

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    People who meet this article’s requirements may do photogrammetric work, but field surveys must be done by registered civil engineers or licensed land surveyors, and certain topographic maps must be certified or attested by one of those professionals.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.5. Photogrammetry [8775 - 8775.3] ( Article 5.5 added by Stats. 1965, Ch. 1967. ) ## 8775.1. Persons meeting the requirements of this article may engage in and perform all photogrammetric services germane to this chapter, either as individuals, employees, or as independent contractors; provided, however, that the field surveys to be done are performed by registered civil engineers or licensed land surveyors, and in the preparation of any topographic map which contains the delineation of property corners or a property boundary or boundaries the work is certified or attested to by a registered civil engineer or land surveyor. (Added by Stats. 1965, Ch. 1967.)
  170. 8775.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.5. Photogrammetry [8775 - 8775.3] ( Article 5.5 added by Stats. 1965, Ch. 1967. )

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    Maps, documents, or reports prepared by or under the direction of a licensed photogrammetric surveyor must show that surveyor’s signature and certificate number.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.5. Photogrammetry [8775 - 8775.3] ( Article 5.5 added by Stats. 1965, Ch. 1967. ) ## 8775.2. Maps, documents, or reports prepared by, or under the direction of, a licensed photogrammetric surveyor shall carry his signature and certificate number which will indicate his responsibility for the work. (Added by Stats. 1965, Ch. 1967.)
  171. 8775.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.5. Photogrammetry [8775 - 8775.3] ( Article 5.5 added by Stats. 1965, Ch. 1967. )

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    Photogrammetric surveyor licenses may be renewed when the board’s fee is paid, and a renewal certificate must be issued.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.5. Photogrammetry [8775 - 8775.3] ( Article 5.5 added by Stats. 1965, Ch. 1967. ) ## 8775.3. Photogrammetric surveyor licenses shall be renewable upon payment of the fee fixed by the board for which a renewal certificate shall be issued. Photogrammetric surveyor license fees shall be the same as those prescribed for land surveyor’s licensing; and the provisions of this chapter relating to revenue, and with respect to disciplinary proceedings, shall similarly apply. (Amended by Stats. 1971, Ch. 108.)
  172. 8776.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.7. Reporting Requirements [8776 - 8776.7] ( Article 5.7 added by Stats. 2004, Ch. 691, Sec. 25. )

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    A licensee must report certain reportable events to the board in writing within 90 days after learning of them, and must respond promptly to board inquiries.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.7. Reporting Requirements [8776 - 8776.7] ( Article 5.7 added by Stats. 2004, Ch. 691, Sec. 25. ) ## 8776. (a) A licensee shall report to the board in writing the occurrence of any of the following events that occurred on or after January 1, 2008, within 90 days of the date the licensee has knowledge of the event: (1) The conviction of the licensee of any felony. (2) The conviction of the licensee of any other crime that is substantially related to the qualifications, functions, and duties of a licensed land surveyor. (3) A civil action settlement or administrative action resulting in a settlement against the licensee in any action alleging fraud, deceit, misrepresentation, breach or violation of contract, negligence, incompetence, or recklessness by the licensee in the practice of land surveying if the amount or value of the settlement is greater than fifty thousand dollars ($50,000). (4) A civil action judgment or binding arbitration award, or administrative action resulting in a judgment or binding arbitration award, against the licensee in any action alleging fraud, deceit, misrepresentation, breach or violation of contract, negligence, incompetence, or recklessness by the licensee in the practice of land surveying if the amount or value of the judgment or binding arbitration award is twenty-five thousand dollars ($25,000) or greater. (b) The report required by subdivision (a) shall be signed by the licensee and set forth the facts that constitute the reportable event. If the reportable event involves the action of an administrative agency or court, the report shall set forth the title of the matter, court or agency name, docket number, and the dates the reportable event occurred. (c) A licensee shall promptly respond to oral or written inquiries from the board concerning the reportable events, including inquiries made by the board in conjunction with license renewal. (d) Nothing in this section shall impose a duty upon any licensee to report to the board the occurrence of any of the events set forth in subdivision (a) either by or against any other licensee. (e) Failure of a licensee to report to the board in the time and manner required by this section shall be grounds for disciplinary action. (f) For purposes of this section, a conviction includes the initial plea, verdict, or finding of guilt; a plea of no contest; or pronouncement of sentence by a trial court even though the conviction may not be final or sentence actually imposed until all appeals are exhausted. (Amended by Stats. 2014, Ch. 71, Sec. 9. (SB 1304) Effective January 1, 2015.)
  173. 8776.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.7. Reporting Requirements [8776 - 8776.7] ( Article 5.7 added by Stats. 2004, Ch. 691, Sec. 25. )

    Verify source ↗

    A California court that has been notified the defendant is a board licensee must report certain convictions, settlements, or judgments to the board within 30 days and send copies of the related court materials.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.7. Reporting Requirements [8776 - 8776.7] ( Article 5.7 added by Stats. 2004, Ch. 691, Sec. 25. ) ## 8776.1. Within 30 days of entry of a conviction described in paragraphs (1) and (2) of subdivision (a) of Section 8776, a settlement described in paragraph (3) of subdivision (a) of Section 8776, or a judgment described in paragraph (4) of subdivision (a) of Section 8776, by a court of this state that has been notified that the defendant is a licensee of the board, the court that rendered the conviction or judgment shall report that fact to the board and provide the board with a copy of the conviction, settlement, or judgment and any orders or opinions of the court accompanying or ordering the conviction, settlement, or judgment. (Amended by Stats. 2013, Ch. 471, Sec. 5. (SB 679) Effective January 1, 2014.)
  174. 8776.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.7. Reporting Requirements [8776 - 8776.7] ( Article 5.7 added by Stats. 2004, Ch. 691, Sec. 25. )

    Verify source ↗

    Certain insurers and self-insured government agencies must report specified payment information to the board within 30 days after payment of covered judgments, settlements, or arbitration awards against a licensee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.7. Reporting Requirements [8776 - 8776.7] ( Article 5.7 added by Stats. 2004, Ch. 691, Sec. 25. ) ## 8776.2. (a) Within 30 days of payment of all or any portion of any civil action judgment, settlement, or binding arbitration award described in Section 8776 against a licensee of the board, any insurer providing professional liability insurance to that licensee shall report to the board the name of the licensee; the amount or value of the judgment, settlement, or binding arbitration award; the amount paid by the insurer; and the identity of the payee. (b) Within 30 days of payment of all or any portion of any civil action judgment, settlement, or binding arbitration award described in Section 8776 against a licensee of the board, any state or local government agency that self-insures that licensee shall report to the board the name of the licensee; the amount or value of the judgment, settlement, or binding arbitration award; the amount paid; and the identity of the payee. (Amended by Stats. 2013, Ch. 471, Sec. 6. (SB 679) Effective January 1, 2014.)
  175. 8776.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.7. Reporting Requirements [8776 - 8776.7] ( Article 5.7 added by Stats. 2004, Ch. 691, Sec. 25. )

    Verify source ↗

    This section says the reporting requirements in Sections 8776, 8776.1, and 8776.2 apply when the civil action, settlement, or arbitration award involves a business or government agency where the licensee worked or had ownership/management roles, and the licensee was responsible for the project part at issue.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.7. Reporting Requirements [8776 - 8776.7] ( Article 5.7 added by Stats. 2004, Ch. 691, Sec. 25. ) ## 8776.3. The requirements of Sections 8776, 8776.1, and 8776.2 shall apply if a party to the civil action, settlement, or arbitration award is or was a sole proprietorship, partnership, firm, corporation, or state or local government agency in which the licensee is or was an owner, partner, member, officer, or employee and is or was the licensee in responsible charge of that portion of the project that was the subject of the civil judgment, settlement, or arbitration award. (Added by Stats. 2004, Ch. 691, Sec. 25. Effective January 1, 2005. Section conditionally operative on January 1, 2008, pursuant to Section 8776.7.)
  176. 8776.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.7. Reporting Requirements [8776 - 8776.7] ( Article 5.7 added by Stats. 2004, Ch. 691, Sec. 25. )

    Verify source ↗

    A licensee is not treated as violating a confidential settlement or other confidential agreement when submitting a report to the board as required by this article.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.7. Reporting Requirements [8776 - 8776.7] ( Article 5.7 added by Stats. 2004, Ch. 691, Sec. 25. ) ## 8776.4. Notwithstanding any other provision of law, a licensee shall not be considered to have violated a confidential settlement agreement or other confidential agreement by providing a report to the board as required by this article. (Amended by Stats. 2005, Ch. 22, Sec. 4. Effective January 1, 2006. Section conditionally operative on January 1, 2008, pursuant to Section 8776.7.)
  177. 8776.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.7. Reporting Requirements [8776 - 8776.7] ( Article 5.7 added by Stats. 2004, Ch. 691, Sec. 25. )

    Verify source ↗

    This section says the article applies to certain civil engineers licensed before January 1, 1982, when the civil action involves professional land surveying.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.7. Reporting Requirements [8776 - 8776.7] ( Article 5.7 added by Stats. 2004, Ch. 691, Sec. 25. ) ## 8776.5. The provisions of this article apply to a civil engineer licensed under Chapter 7 (commencing with Section 6700) prior to January 1, 1982, if the civil action judgment, settlement, or arbitration award relates to the practice of professional land surveying. (Added by Stats. 2004, Ch. 691, Sec. 25. Effective January 1, 2005. Section conditionally operative on January 1, 2008, pursuant to Section 8776.7.)
  178. 8776.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.7. Reporting Requirements [8776 - 8776.7] ( Article 5.7 added by Stats. 2004, Ch. 691, Sec. 25. )

    Verify source ↗

    The board may adopt regulations to further define the reporting requirements in Sections 8776, 8776.1, and 8776.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.7. Reporting Requirements [8776 - 8776.7] ( Article 5.7 added by Stats. 2004, Ch. 691, Sec. 25. ) ## 8776.6. The board may adopt regulations to further define the reporting requirements of Sections 8776, 8776.1, and 8776.2. (Added by Stats. 2004, Ch. 691, Sec. 25. Effective January 1, 2005. Section conditionally operative on January 1, 2008, pursuant to Section 8776.7.)
  179. 8776.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.7. Reporting Requirements [8776 - 8776.7] ( Article 5.7 added by Stats. 2004, Ch. 691, Sec. 25. )

    Verify source ↗

    Article 5.7 becomes operative on January 1, 2008 only if the specified funding and staffing conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 5.7. Reporting Requirements [8776 - 8776.7] ( Article 5.7 added by Stats. 2004, Ch. 691, Sec. 25. ) ## 8776.7. This article shall become operative on January 1, 2008, only if an appropriation is made from the Professional Engineer’s and Land Surveyor’s Fund for the 2007–08 fiscal year in the annual Budget Act to fund the activities of this article, and sufficient hiring authority is granted to the board pursuant to a budget change proposal to provide sufficient staffing to implement this article. (Amended by Stats. 2007, Ch. 354, Sec. 39. Effective January 1, 2008. Note: This section prescribes a conditional operative date for Article 5.7, commencing with Section 8776.)
  180. 8780.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 6. Disciplinary Proceedings [8780 - 8785] ( Article 6 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The board may investigate complaints or its own concerns about licensed land surveyors and certain civil engineers, and may publicly reprove, suspend, or revoke their license or certificate for specified misconduct.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 6. Disciplinary Proceedings [8780 - 8785] ( Article 6 added by Stats. 1939, Ch. 41. ) ## 8780. (a) The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any land surveyor licensed under this chapter or any civil engineer licensed under the provisions of Chapter 7 (commencing with Section 6700) who is legally authorized to practice land surveying and make findings thereon. (b) By a majority vote, the board may publicly reprove, suspend for a period not to exceed two years, or revoke the license or certificate of any land surveyor licensed under this chapter or civil engineer licensed under the provisions of Chapter 7 (commencing with Section 6700) who is legally authorized to practice land surveying on any of the following grounds: (1) Any fraud, deceit, or misrepresentation in their practice of land surveying. (2) Any negligence in their practice of land surveying. (3) Any incompetence in their practice of land surveying. (4) Any fraud or deceit in obtaining their license. (5) Any violation of any provision of this chapter or of any other law relating to or involving the practice of land surveying. (6) Any conviction of a crime substantially related to the qualifications, functions, and duties of a land surveyor. The record of the conviction shall be conclusive evidence thereof. (7) Aiding or abetting any person in the violation of any provision of this chapter or any regulation adopted by the board pursuant to this chapter. (8) A breach or violation of a contract to provide land surveying services. (9) A violation in the course of the practice of land surveying of a rule or regulation of unprofessional conduct adopted by the board. (Amended by Stats. 2021, Ch. 106, Sec. 3. (SB 414) Effective January 1, 2022.)
  181. 8780.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 6. Disciplinary Proceedings [8780 - 8785] ( Article 6 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    The board may investigate land surveyor-in-training conduct and, by majority vote, revoke a certificate for listed misconduct.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 6. Disciplinary Proceedings [8780 - 8785] ( Article 6 added by Stats. 1939, Ch. 41. ) ## 8780.1. The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any land surveyor-in-training and make findings thereon. By a majority vote, the board may revoke the certificate of any land surveyor-in-training: (a) Who has been convicted of a crime as defined in subdivision (a) of Section 480. (b) Who has committed any act that would be grounds for denial of a license pursuant to Section 480 or 496. (c) Who has committed any act of fraud, deceit, or misrepresentation in obtaining his or her land surveyor-in-training certificate or license as a professional land surveyor. (d) Who aids or abets any person in the violation of any provision of this chapter or any regulation adopted by the board pursuant to this chapter. (e) Who violates Section 119 with respect to a land surveyor-in-training certificate. (f) Who commits any act described in Section 8792. (g) Who violates any provision of this chapter. (Amended by Stats. 2011, Ch. 432, Sec. 32. (SB 944) Effective January 1, 2012.)
  182. 8780.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 6. Disciplinary Proceedings [8780 - 8785] ( Article 6 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    If a licensee or certificate holder fails or refuses to respond to a written request from a board representative during a complaint investigation, that can be grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 6. Disciplinary Proceedings [8780 - 8785] ( Article 6 added by Stats. 1939, Ch. 41. ) ## 8780.2. The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 8780 or 8780.1. (Amended by Stats. 2019, Ch. 630, Sec. 14. (AB 1522) Effective January 1, 2020.)
  183. 8781.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 6. Disciplinary Proceedings [8780 - 8785] ( Article 6 added by Stats. 1939, Ch. 41. )

    Verify source ↗

    Disciplinary proceedings under this article must follow specified Government Code chapters, and the board has the powers granted by those chapters.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 6. Disciplinary Proceedings [8780 - 8785] ( Article 6 added by Stats. 1939, Ch. 41. ) ## 8781. The proceedings under this article shall be conducted in accordance with Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and 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 the powers granted therein. (Amended by Stats. 2000, Ch. 1006, Sec. 33. Effective January 1, 2001.)
  184. 8783.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 6. Disciplinary Proceedings [8780 - 8785] ( Article 6 added by Stats. 1939, Ch. 41. )

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    A land-surveyor-related guilty plea, nolo contendere plea, or conviction counts as a conviction for this article, and the board may suspend, revoke, or refuse to issue a license or certificate after certain conviction-related events.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 6. Disciplinary Proceedings [8780 - 8785] ( Article 6 added by Stats. 1939, Ch. 41. ) ## 8783. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties of a land surveyor is deemed to be a conviction within the meaning of this article. The board may order the license or certificate suspended or revoked, or may decline to issue a license or certificate, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment. (Amended by Stats. 1978, Ch. 1161.)
  185. 8784.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 6. Disciplinary Proceedings [8780 - 8785] ( Article 6 added by Stats. 1939, Ch. 41. )

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    The board may reissue a revoked license if a majority of the board votes for reinstatement and the board finds the reasons sufficient.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 6. Disciplinary Proceedings [8780 - 8785] ( Article 6 added by Stats. 1939, Ch. 41. ) ## 8784. The board may reissue a license to any person, whose license has been revoked, if a majority of the members of the board vote in favor of such reinstatement, for reasons the board may deem sufficient. (Amended by Stats. 1949, Ch. 1028.)
  186. 8785.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 6. Disciplinary Proceedings [8780 - 8785] ( Article 6 added by Stats. 1939, Ch. 41. )

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    A petitioner may ask the board to reinstate a license or modify a penalty after specified waiting periods. The board must notify the Attorney General, hear the petition, and issue a written decision, and it may grant, deny, or condition relief.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 6. Disciplinary Proceedings [8780 - 8785] ( Article 6 added by Stats. 1939, Ch. 41. ) ## 8785. (a) A petitioner may petition the board for reinstatement or modification of penalty, including reduction, modification, or termination of probation, after the following minimum periods have elapsed from the effective date of the decision ordering the disciplinary action, or if the order of the board or any portion of it is stayed by a court of law, from the date the disciplinary action is actually implemented in its entirety: (1) Except as otherwise provided in this section, at least three years for reinstatement of a license or certificate that was revoked or surrendered. However, the board may, in its sole discretion, specify in its order of revocation or surrender a lesser period of time that shall be at minimum one year. (2) At least two years for early termination of a probation period of three years or more. (3) At least one year for early termination of a probation period of less than three years. (4) At least one year for reduction or modification of a condition of probation. (b) The board shall notify the Attorney General of the filing of the petition. The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition, and the petitioner and the Attorney General shall be given the opportunity to present both oral and documentary evidence and argument to the board. The petitioner shall at all times have the burden of proof to establish by clear and convincing evidence that he or she is entitled to the relief sought in the petition. (c) The board itself or an administrative law judge, if one is designated by the board, shall hear the petition and shall prepare a written decision setting forth the reasons supporting the decision. (d) The board may grant or deny the petition or may impose any terms and conditions that it reasonably deems appropriate as a condition of reinstatement or reduction or modification of the penalty. (e) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. (f) The board may, in its discretion, deny without hearing or argument any petition that is filed pursuant to this section within a period of two years from the effective date of a prior decision following a hearing under this section. (g) Judicial review of the board’s decision following a hearing under this section may be sought by way of a petition for writ of administrative mandamus pursuant to Section 1094.5 of the Code of Civil Procedure. The party seeking to overturn the board’s decision shall have the burden of proof in any mandamus proceeding. In the mandamus proceeding, if it is alleged that there has been an abuse of discretion because the board’s findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in light of the whole record. (h) For the purposes of this section, “petitioner” means a professional land surveyor or licensed civil engineer or a land surveyor-in-training whose license or certificate has been revoked, suspended, or surrendered or placed on probation. (Added by Stats. 2004, Ch. 691, Sec. 26. Effective January 1, 2005.)
  187. 8790.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 7. Offenses Against the Chapter [8790 - 8792] ( Article 7 added by Stats. 1939, Ch. 41. )

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    The board must enforce this chapter and cause prosecution of violations that come to its notice.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 7. Offenses Against the Chapter [8790 - 8792] ( Article 7 added by Stats. 1939, Ch. 41. ) ## 8790. The board shall enforce all of the provisions of this chapter and cause the prosecution of all violations coming to its notice. (Added by Stats. 1939, Ch. 41.)
  188. 8790.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 7. Offenses Against the Chapter [8790 - 8792] ( Article 7 added by Stats. 1939, Ch. 41. )

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    A licensee retained as an expert witness may report a potential violation of the Professional Land Surveyors’ Act to the board even if they signed a nondisclosure agreement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 7. Offenses Against the Chapter [8790 - 8792] ( Article 7 added by Stats. 1939, Ch. 41. ) ## 8790.5. (a) If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Land Surveyors’ Act to the board. (b) This section shall not be construed to be, or act as, a waiver of any applicable attorney-client or attorney work product privileges. (Added by Stats. 2019, Ch. 145, Sec. 3. (SB 339) Effective January 1, 2020.)
  189. 8791.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 7. Offenses Against the Chapter [8790 - 8792] ( Article 7 added by Stats. 1939, Ch. 41. )

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    Officers charged with enforcing the law must prosecute people accused of violating this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 7. Offenses Against the Chapter [8790 - 8792] ( Article 7 added by Stats. 1939, Ch. 41. ) ## 8791. It is the duty of the respective officers charged with the enforcement of laws to prosecute all persons charged with the violation of any of the provisions of this chapter. (Added by Stats. 1939, Ch. 41.)
  190. 8792.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 7. Offenses Against the Chapter [8790 - 8792] ( Article 7 added by Stats. 1939, Ch. 41. )

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    This section makes it a misdemeanor to engage in listed forms of unlawful land surveying conduct, including unlicensed practice, false representation, misuse of licenses or titles, and related violations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 7. Offenses Against the Chapter [8790 - 8792] ( Article 7 added by Stats. 1939, Ch. 41. ) ## 8792. A person who does any of the following is guilty of a misdemeanor: (a) Unless the person is exempt from licensure under this chapter, practices, or offers to practice, land surveying in this state without legal authorization. (b) Presents as their own the certificate of a land surveyor-in-training or the license of a professional land surveyor unless they are the person named on the certificate or the license. (c) Attempts to file as their own any record of survey under the license of a professional land surveyor. (d) Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license. (e) Impersonates or uses the seal, signature, or license number of a professional land surveyor or who uses a false license number. (f) Impersonates or uses the certificate number of a land surveyor-in-training or who uses a false certificate. (g) Uses an expired, suspended, surrendered, or revoked certificate or license. (h) Represents themselves as, or uses the title of, professional land surveyor, or any other title whereby that person could be considered as practicing or offering to practice land surveying, unless the person is correspondingly qualified by licensure as a land surveyor under this chapter. (i) Uses the title, or any combination of that title, of “professional land surveyor,” “licensed land surveyor,” “land surveyor,” or the titles specified in Sections 8751 and 8775, or “land surveyor-in-training,” or who makes use of any abbreviation of that title that might lead to the belief that the person is a licensed land surveyor or holds a certificate as a land surveyor-in-training, without being licensed or certified as required by this chapter. (j) Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced, except as authorized pursuant to Section 6731.2. (k) Violates any provision of this chapter. (Amended by Stats. 2024, Ch. 588, Sec. 22. (AB 3253) Effective January 1, 2025.)
  191. 8800.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. )

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    The department must collect, account for, report, and pay over money earned under this chapter, and the Treasurer must hold it in a separate fund.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. ) ## 8800. (a) The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund. (b) For accounting and recordkeeping purposes, the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law. (c) The fees and civil penalties received under this chapter shall be deposited in the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter. (d) This section shall become operative on July 1, 2016. (Repealed (in Sec. 27) and added by Stats. 2015, Ch. 428, Sec. 28. (AB 177) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
  192. 8801.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. )

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    Licenses under this chapter expire every two years unless renewed. To renew an unexpired license, the licenseholder must apply by the expiration date on the renewal receipt and pay the renewal fee on the board’s form.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. ) ## 8801. Licenses issued under this chapter expire every two years, if not renewed. Biennial renewals shall be staggered on a quarterly basis. To renew an unexpired license the licenseholder shall on or before the date of expiration indicated on the renewal receipt, apply for renewal on a form prescribed by the board, and pay the renewal fee prescribed by this chapter. (Amended by Stats. 2001, Ch. 495, Sec. 14. Effective January 1, 2002.)
  193. 8801.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. )

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    The board must give licenseholders a renewal-time assessment on state laws and board rules, cannot charge a fee for it, and late completion can trigger discipline without stopping renewal.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. ) ## 8801.1. (a) At the time of renewal specified in Section 8801 or 8802, the board shall administer an assessment of the licenseholder to reinforce the licenseholder’s knowledge of state laws and the board’s rules and regulations. Failure to complete this assessment within 60 days after the date of expiration of the license may result in disciplinary action under Section 8780, but shall not affect the renewal of the license. (b) The crime in subdivision (j) of Section 8792 shall not apply to this section. (c) The board shall not charge the licenseholder a fee for the administration or development of the assessment. (d) For the purposes of this section, “assessment” means an online program that contains educational reading material and questions. The material shall be based on state law and the board’s rules and regulations relating to the practice of professional land surveyors. The scope of the assessment shall be limited to the board’s top five types of violations related to the administrative and procedural aspects of the practice of professional land surveyors and any changes or additions to existing law related to such administrative and procedural aspects. (Added by Stats. 2016, Ch. 629, Sec. 4. (SB 1085) Effective January 1, 2017.)
  194. 8802.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. )

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    A land surveyor license may be renewed within five years after expiration if the renewal application is filed on the board’s form and all unpaid renewal fees are paid.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. ) ## 8802. Except as otherwise provided in this article, licenses issued under this chapter may be renewed at any time within five years after expiration on filing of application for renewal on a form prescribed by the board and payment of all accrued and unpaid renewal fees. If the license is renewed more than 30 days after its expiration, the licensee, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the date provided in Section 8801 which next occurs after the effective date of the renewal, when it shall expire if it is not again renewed. (Amended by Stats. 2016, Ch. 236, Sec. 31. (SB 1165) Effective January 1, 2017.)
  195. 8802.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. )

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    A suspended license must be renewed as this article provides, but renewal does not let the licensee use the licensed activity while the suspension remains in effect and until reinstatement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. ) ## 8802.1. A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other activity or conduct in violation of the order or judgment by which the license was suspended. (Added by Stats. 1961, Ch. 1257.)
  196. 8802.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. )

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    A revoked license may not be renewed. If it is reinstated after expiration, the licensee must pay a reinstatement fee and any accrued delinquency fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. ) ## 8802.2. A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the licensee, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation. (Added by Stats. 1961, Ch. 1257.)
  197. 8803.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. )

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    A license not renewed within five years after expiration cannot be renewed, restored, reissued, or reinstated; after that period, the holder may apply for a new license if the stated conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. ) ## 8803. (a) A license that is not renewed within five years after its expiration shall not be renewed, restored, reissued, or reinstated. After five years after expiration, the holder of a license may apply for and obtain a new license subject to the following: (1) He or she has not committed any acts or crimes constituting grounds for denial of licensure under Section 480. (2) He or she takes and passes the examination, if any, that would be required if applying for the license for the first time. (b) The board may, by regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a license is issued without an examination pursuant to this section. (Amended by Stats. 2016, Ch. 236, Sec. 32. (SB 1165) Effective January 1, 2017.)
  198. 8803.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. )

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    If an expired or delinquent license is renewed under Section 8802, the board keeps full authority over the licensee, the covered work is treated as lawful for others, and renewal does not change liability issues.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. ) ## 8803.1. Once an expired or delinquent license is renewed pursuant to Section 8802, all of the following apply: (a) The board shall continue to have full jurisdiction and authority over the licensee as if the license had not expired or become delinquent. (b) The work performed by the licensee during a period of expiration or delinquency shall be deemed lawful and validly performed as to persons or entities other than the licensee. (c) The renewal of a license shall not affect liability issues regarding work performed during a period of expiration or delinquency, nor does the fact of performance during a period of expiration or delinquency affect liability issues. (Amended by Stats. 2016, Ch. 236, Sec. 33. (SB 1165) Effective January 1, 2017.)
  199. 8804.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. )

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    A civil engineer who is also a licensed land surveyor cannot get land surveyor license renewal or restoration included in a certificate renewal or reinstatement unless the surveyor’s renewal fee or penalty is paid.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. ) ## 8804. The renewal or reinstatement of any certificate of registration of a civil engineer under Chapter 7 (commencing with Section 6700) of Division 3, who is also a licensed land surveyor, shall not include the renewal or restoration of his land surveyor’s license, without the payment of the surveyor’s renewal fee or penalty. (Amended by Stats. 1972, Ch. 1300.)
  200. 8804.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. )

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    The board may refund all fees, but only in accordance with Section 158 of the code.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. ) ## 8804.5. The board may make refunds of all fees in accordance with Section 158 of this code. (Amended by Stats. 1983, Ch. 1200, Sec. 7.)

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