Thole

Administrative mandate. Carl Thole, petitioner, appeals from a superior court judgment denying a writ of mandate, after respondent Structural Pest Control Board (Board), in a decision after reconsideration, suspended his license as a pest control operator for 60 days.

Facts

Since this disciplinary action involves six separate residences and a total of two dozen violations of four Business and Professions Code sections plus two Board regulations, some background about the regulatory scheme for structural pest control operators will be helpful.

Structural pest control operators are licensed by the state. (Bus. & Prof. Code, § 8560 et seq.) 1 Their methods of operations are also regulated. (§ 8500 et seq.) They are subject to discipline by the Board. (§ 8620 et seq.) Petitioner was subject to discipline for the following conduct; failure to prepare required reports (§ 8516); failure to complete an operation for the contracted price (§ 8638); commission of a grossly negligent act (§ 8642); and failure to comply with an applicable statute or regulation (§ 8641).

The applicable statute and regulations with which petitioner failed to comply concerned the contents of termite…