106600-106735
HEALTH AND SAFETY CODE
SECTION 106600-106735
106600. It is the intent of the Legislature in adopting this
article to safeguard the health, safety, and general welfare of the
public by the registration of those environmental health
professionals practicing as environmental health specialists who have
completed an approved environmental health or science curriculum and
who are qualified to work, or are working, within the scope of the
field of environmental health as defined by this article.
In adopting this article, it is recognized that the field of
environmental health is a dynamic field that is continually evolving
into new and complex areas of concern. This article recognizes the
existence of overlapping functions with other professions carrying
out specific activities that may include some aspects of the field of
environmental health. The title of a person registered under this
article shall be environmental health specialist. Use of the term
"sanitarian" or "registered sanitarian" in statutes and regulations
shall mean "registered environmental health specialists." A valid
registered sanitarian registration shall on January 1, 1989, be a
valid registration as an environmental health specialist. The
department shall provide a new certificate of registration to that
effect.
106605. This article does not require registration of individuals,
such as industrial hygienists, health physicists, safety engineers,
civil engineers, land surveyors, other registered professional
engineers, or others with overlapping functions. This article does
not require registration of individuals performing duties described
in subdivision (e) of Section 106615, unless those individuals
represent themselves as registered environmental health specialists.
It is not the intent of this article to require local health
departments to employ only registered environmental health
specialists, environmental health specialist trainees, or those
qualified for registration in jobs involving those overlapping
functions. It is the sole purpose of this article to safeguard the
health, safety, and general welfare of the public from adverse
environmental factors, to register those environmental health
professionals practicing as environmental health specialists who have
completed an approved environmental health or science curriculum,
and are qualified to work, or are working, in the public or private
sector in the field of environmental health within the scope of
practice as defined in this article, and to protect the public from
individuals performing as environmental health specialists without
proper qualifications.
106610. The department may, upon recommendation of the
Environmental Health Specialist Registration Committee appointed
pursuant to Section 106675, adopt any regulations necessary to
accomplish the purposes of this article.
106615. The words and phrases defined in this section shall have
the following meaning, unless the context clearly indicates
otherwise:
(a) "Department" means the State Department of Health Services.
(b) "Committee" means the Environmental Health Specialist
Registration Committee.
(c) "Registered environmental health specialist" means an
environmental health professional educated and trained within the
field of environmental health who is registered in accordance with
the provisions of this article. A registered environmental health
specialist registered under this article also meets the requirements
for registration as an environmental assessor pursuant to Section
25570.
(d) "Environmental health specialist trainee" means a person who
possesses (1) a minimum of a bachelor's degree, including 30 semester
units of basic sciences, from a department approved educational
institution or an educational institution of collegiate grade listed
in the directory of accredited institutions of postsecondary
education compiled by the American Council on Education, but who has
not completed the specific coursework and experience requirements in
the field of environmental health as required by Section 106660 for
registration, and (2) who is engaged in an approved environmental
health training plan.
(e) "Scope of practice in environmental health" means the practice
of environmental health by registered environmental health
specialists in the public and private sector within the meaning of
this article and includes, but is not limited to, organization,
management, education, enforcement, consultation, and emergency
response for the purpose of prevention of environmental health
hazards and the promotion and protection of the public health and the
environment in the following areas: food protection; housing;
institutional environmental health; land use; community noise
control; recreational swimming areas and waters; electromagnetic
radiation control; solid, liquid, and hazardous materials management;
underground storage tank control; onsite septic systems; vector
control; drinking water quality; water sanitation; emergency
preparedness; and milk and dairy sanitation pursuant to Section 33113
of the Food and Agricultural Code. Activities of registered
environmental health specialists shall be regulated by the department
upon the recommendation of the committee.
(f) "Certificate of registration" means a signed document issued
by the department as evidence of registration and qualification to
practice as a registered environmental health specialist under this
article. The certificate shall bear the designation "registered
environmental health specialist" and shall show the name of the
person, date of issue, registration number, and seal.
(g) "Experience requirement" means on-the-job training and
experience, as stated in this article, that all environmental health
specialist trainees shall complete prior to obtaining eligibility for
the environmental health specialist examination.
(h) "Approved environmental health training plan" means a training
program in an organization that plans to utilize environmental
health specialist trainees and has on file with the department a copy
of its training plan that conforms with the requirements of Section
106665, and that has been approved by the committee.
(i) "Director" means the director.
106620. Except for the design of onsite septic systems, nothing in
this article shall authorize registered environmental health
specialists to design any of the fixed works defined in Section 6731
of the Business and Professions Code.
106625. The governing body of a local health department may employ
on a full-time basis one or more registered environmental health
specialists, each of whom shall be a registered environmental health
specialist as provided for in this article for the purpose of the
enforcement of statutes related to public health, and the regulations
of the department, and any local ordinances of a local health
department that relate to activities under subdivision (e) of Section
106615. However, any person who is known as an environmental health
specialist trainee may be employed to work under the supervision of a
registered environmental health specialist, until he or she is
qualified by examination as provided under Section 106670, for a
period which shall not exceed three years. Prior to employment, the
trainee shall have a current evaluation letter from the department
stating that the education qualifications specified in Section 106660
have been met.
106630. Any person may make an application to the department to be
registered as an environmental health specialist. The department
shall accept complete applications if accompanied by the required
fees.
(a) Application submission, completion and notification.
(1) Receipt of an application for a certificate of registration as
an environmental health specialist shall be deemed to be the date
the application is date stamped by the department.
(2) An application for a certificate of registration as an
environmental health specialist is considered complete when a
completed application form supplied by the department, proof of
successful passage of the registered environmental health specialist
examination, as specified in Section 106670, and the initial biennial
registration fee are received by the department.
(3) Written notification by the department to applicants shall be
deemed to occur on the date the notifications are postmarked.
(b) Application review period.
The department shall notify the applicant in writing within 15
working days of receipt of an application for a certificate of
registration as an environmental health specialist that the
application is completed and accepted for filing, or that the
application is deficient and what specific information,
documentation, or fee, is required to complete the application.
(c) Application decision period.
The department, within three calendar days of filing of a
completed application, shall reach a decision regarding the
application for a certificate of registration as an environmental
health specialist.
(d) The department shall issue certificates of registration to
qualified applicants.
(e) Duplicate certificate/card of registration shall be issued to
individuals who hold valid registration as an environmental health
specialist upon payment of ten dollars ($10) for a duplicate
certificate and five dollars ($5) for a duplicate registration card.
106635. The requirements for registration of environmental health
specialists shall be a minimum of a bachelor's degree from a
department approved educational institution or an educational
institution of collegiate grade listed in the directory of accredited
institutions of postsecondary education compiled by the American
Council on Education, with coursework prescribed as follows:
Basic Requirements Experience Training
30 semester or 45
quarter basic science 600
I. units 18 months
hrs.
including each of the
following:
General Chemistry Lecture and Laboratory
General Physics Lecture and Laboratory or
Organic
Chemistry Lecture and Laboratory
General Microbiology Lecture and Laboratory
General Biological Science Lecture and
Laboratory
Calculus or College Algebra
45 semester or 68
quarter basic science
units including the 450
II. following: one year
hrs.
Three of the required
science
courses shall include a
laboratory:
General Chemistry
Organic Chemistry
General Physics
General Microbiology
General Biological Science
Calculus or College
Algebra
30 semester or 45
300
III. quarter basic science 9 months hrs.
units including each of
the following:
General Chemistry Lecture and Laboratory
General Physics Lecture and Laboratory or
Organic
Chemistry Lecture and Laboratory
General Microbiology Lecture and Laboratory
General Biological Science Lecture and
Laboratory
Calculus or College Algebra
plus
Three semester or four
quarter unit
courses in each of the
following:
Epidemiology
Statistics
Public Administration or Environmental Health
Administration and;
10 semester or 15 quarter units in
environmental health
science, including one or more of the
following:
water quality, waste management, food and
consumer
protection, housing and institution
sanitation, vector control, recreational
health, air quality, milk and dairy products,
occupational health, electromagnetic
radiation, noise
control, toxicology, soil science, or land
use development.
IV.
45 semester or 68 200
quarter basic science 6 months hrs.
units including the
following:
Three of the following
required
science courses shall
include a
laboratory:
General Chemistry
Organic Chemistry
General Physics
General Microbiology
General Biological Science
Calculus or College
Algebra
plus
Three semester or four
quarter
unit courses in each of
the following:
Epidemiology
Statistics
Public Administration or Environmental Health
Administration and;
10 semester or 15 quarter
units in
Environmental Health Science, including one
or more of
the following:
water quality, waste management, food and
consumer
protection, housing and institution
sanitation, vector control, recreational
health, air quality, milk and dairy products,
occupational health, electromagnetic
radiation, noise
control, toxicology, soil science, or land
use development.
Possess a minimum of
a bachelor's degree
in environmental health
from an
institution approved by
V. the committee, which None None
includes: required required
One year of lecture and
laboratory
coursework in each of the
following:
General Chemistry
General Physics
General Biological
Science, and
One semester course in:
Calculus or College
Algebra
Organic Chemistry
General Microbiology with Laboratory
Public Administration or Environmental Health
Administration
Epidemiology
Statistics
Field Orientation Course in Environmental
Health
Fifteen semester units of environmental
health science
courses selected from:
water quality, waste management, food and
consumer
protection, housing and institution
sanitation, vector control, recreational
health, air quality, milk and dairy products,
occupational health, electromagnetic
radiation, noise
control, toxicology, soil science, or land
use development.
All basic science coursework including mathematics shall be equal
to that acceptable in an approved environmental health degree
program.
106640. Educational institutions requesting approval of their
environmental health degree program shall first submit their program
to the committee for review. If the program meets the prescribed
curricula in Section 106635 it shall be submitted to the department
for approval.
106645. Those persons who meet the educational, experience, and
training requirements of Section 106635 shall be eligible for
admission to the examination for registration as an environmental
health specialist.
106650. Any person who has applied for environmental health
specialist registration, or who is enrolled in an approved
environmental health science curriculum, or who is certified by his
or her employer as serving as an environmental health specialist
trainee in an approved environmental health program on or before
December 31, 1988, shall be admitted to the written examination on
the basis of the requirements existing on December 31, 1988.
106655. A person who possesses a minimum of a bachelor's degree
from a department-approved educational institution or an educational
institution of collegiate grade listed in the directory of accredited
institutions of postsecondary education compiled by the American
Council on Education and has been employed as a certified dairy
inspector in the State of California for at least 24 months
immediately prior to applying for admission to the environmental
health specialist registration examination, shall be eligible for
admission to the examination for registration as an environmental
health specialist.
106660. Any person meeting the educational qualifications pursuant
to Section 106635, but who does not meet the experience requirement
of that section, may make application to the department on a form
prescribed by the department for acceptance as an environmental
health specialist trainee. The department shall accept complete
applications if accompanied by the required fees.
106665. An approved environmental health training plan shall
include program elements in the training, duration of training, and
types of training.
(a) Program elements, duration of training, and experience are as
follows:
(1) All environmental health specialist trainees, shall complete a
basic training period in an approved program. The training period
shall include training in at least six elements, with three of the
elements selected from the following basic elements:
(A) Food protection.
(B) Solid or liquid waste management, or both.
(C) Water supply.
(D) Housing and institutions.
(E) Bathing places.
(F) Vector control.
(G) Hazardous materials management or underground tank program, or
both.
The remaining three elements may include any other basic element
or any of the following elements: air sanitation, safety and accident
prevention, land development and use, disaster sanitation,
electromagnetic radiation, milk and dairy products, noise control,
occupational health, and rabies and animal disease control.
(2) Training in each of three basic elements shall be not less
than 20 percent of the total required training hours. Time spent in
the remaining three elements shall be not less than 40 percent of the
total required training hours. The employer shall designate the
methods, elements, and types of training or experience for the
remaining part of the time required for entrance to the registered
environmental health specialist examination as specified in Section
106670. The specified training may be cumulative and scheduled at the
discretion of the employing agency over this period.
(3) The training may be accomplished by assignments chosen by the
employing agency and under the supervision of a registered
environmental health specialist.
(4) For those environmental health specialist trainees requiring
more than one year of experience, the additional experience will be
in one or more elements of environmental health listed in this
section and may be outside of a local environmental health program.
(5) Training and experience gained working for governmental or a
nonprofit entity, or both, may be counted toward the first-year
training experience requirement if the training and experience is
determined by the department to be equivalent to what would be gained
in a local environmental health jurisdiction.
(b) Types of training:
The training program shall be integrated into the environmental
health specialist trainee's job assignment and shall include items
(1) and (2) and may include items (3), (4), and (5):
(1) A minimum of 20 hours per month of field instruction with
direct supervision by a registered environmental health specialist
for the first six months of employment. (The total minimum
requirement in this area shall be 150 hours.)
(2) Independent time with adequate supervision and guidance.
(3) Office training with pretesting and posttesting.
(4) Lectures.
(5) Adequate office time to review and study.
(c) Requirements for certification of training:
(1) Environmental health specialist trainees shall receive their
training from the department or agency that has a training plan
approved by the committee.
(2) A daily log for the certification of the environmental health
specialist trainee shall be maintained by the Director of
Environmental Health.
(A) A daily log covering elements and hours spent of all training
shall be kept by the environmental health specialist trainees, and
verified by the trainer or supervisor on a weekly basis.
(B) Short narrative reports or copies of the monthly schedule of
the environmental health specialist trainee's training and progress
shall be submitted by the training coordinator to the director every
month throughout the traineeship.
(C) The Director of Environmental Health shall review the trainee'
s records on a monthly basis and shall certify on a quarterly basis
that the records of training are accurate.
(D) The Director of Environmental Health shall notify the
department within 30 days of the date an environmental health
specialist trainee is hired or terminated.
(E) Copies of the environmental health specialist trainee's log,
as well as the narrative reports or copies of monthly schedules shall
be retained in the personnel file of the environmental health
specialist trainee for at least one year after the environmental
health specialist trainee successfully completes the registered
environmental health specialist examination.
(3) When an environmental health specialist trainee completes the
training program, the Director of Environmental Health shall forward
certification to the department. This certification shall include the
program areas, length of time, dates for the areas of training and a
statement that the environmental health specialist trainee followed
the approved training plan.
(d) Those jurisdictions that cannot provide the required training
elements within their jurisdictions shall initiate a program of
training exchange with another jurisdiction having an approved
training program.
106670. (a) On and after January 1, 1989, only persons who meet the
educational and experience requirements as established under Section
106635 shall be eligible for admission to examination for
registration as an environmental health specialist.
(b) The professional examination shall be prescribed by the
department with the concurrence of the committee, and a passing score
on the examination shall be required prior to registration.
(c) An applicant who twice fails to pass the written examination
shall not be eligible to be reexamined a third time until at least
one year has elapsed from the date of the second examination. An
applicant who fails the third examination shall not be eligible to
take the examination a fourth time until two years have elapsed from
the date of the third examination. Thereafter, the examination may
not be taken more frequently than once in two years. Reapplication
shall be made by submitting a new application with the required fee.
106675. (a) An Environmental Health Specialist Registration
Committee shall be appointed to advise and to make recommendations to
the department with respect to, and to take other actions as
described in this article for the establishment of rules and
regulations necessary to ensure, the proper administration and
enforcement of the registration of environmental health specialists
whose duties in public health and environmental health require
knowledge and skills in the physical, biological, and environmental
health sciences and whose performance of professional duties is
necessary for the promotion of life, health, and well being of the
public.
The members of the former Sanitarian Registration Certification
Committee shall serve as members of the new committee until the
expiration of their terms.
(b) The committee shall consist of the Chief of the Environmental
Planning and Local Health Services Branch, department, or the
designee of the chief, who shall serve as executive officer but who
shall not vote, and the following 10 members who are residents of the
state:
(1) Two members appointed by the director from the California
Conference of Directors of Environmental Health who shall be
environmental health specialists with at least two years' experience
as directors of environmental health in this state.
(2) Three members appointed by the director, each of whom shall be
a qualified, practicing environmental health specialist registered
in California for a period of five or more years. For purposes of
this subdivision:
(A) One member shall be employed in the public sector at the time
of appointment.
(B) One member shall be employed in the private sector at the time
of appointment.
(C) One member shall be from the California Environmental Health
Association.
(3) One member appointed by the director from the California
Conference of Local Health Officers.
(4) Two members appointed by the director from the environmental
health faculty of those California universities and colleges with
approved curricula leading to a degree in environmental health.
(5) Two public members who have not been engaged at any time
within five years immediately preceding their appointment in pursuits
that lie within the field of environmental health or the profession
regulated by the committee of which they are members. The Senate
Rules Committee shall appoint one public member and the Speaker of
the Assembly shall appoint one public member.
106680. The terms of the members of the committee first appointed
shall be determined by lot and shall expire as follows: two members
on January 1, 1985; two members on January 1, 1986; three members on
January 1, 1987; and three members on January 1, 1988. Thereafter,
appointments shall be for a four-year term. Committee members may
serve no more than two successive terms. Each member shall serve on
the committee until the appointment and qualification of his or her
successor or until one year shall have elapsed since the expiration
of the term for which he or she was appointed, whichever occurs
first. Vacancies occurring prior to the expiration of the terms shall
be filled by appointment for the unexpired term. The director, upon
the recommendation of the committee by a two-thirds vote, may remove
an appointee member for misconduct in office, incompetency, neglect
of duty, or other sufficient cause after due notice and hearing.
106685. (a) The members of the committee shall, annually, in the
month of April, elect from their number a chairperson and a
secretary.
(b) The committee shall meet at least twice annually and at other
times as it may determine to evaluate applications for registration
as environmental health specialists, to review and update
examinations, to prepare and recommend reports relative to the
administration of this article, and to transact all other business as
may be necessary to carry out the provisions of this article.
(c) The committee may hold informal hearings for denial,
suspension, refusal to renew, and revocation of registrations for
environmental health specialists as provided in Section 106715.
(d) The committee may hold informal hearings for the purpose of
administrative items, make the necessary determinations in
conjunction therewith, and issue recommendations to the department
consistent with the findings. The department may designate the
committee to appoint one or more of its members to serve as a hearing
agent. The agent or representatives shall conduct hearings in the
manner provided by law.
(e) Six members of the committee shall constitute a quorum and
special meetings of the committee shall be called by the executive
officer upon written request by two members of the committee.
(f) The members of the committee shall serve without compensation,
but shall receive their actual and necessary expenses incurred in
the performance of their duties on the committee. However, no funds
shall be disbursed for those purposes without the prior approval of
the department.
106690. (a) The committee shall keep a record of its proceedings.
(b) The department shall maintain a register of all applications
for registration and retain examination papers and records pertaining
thereto for a length of time to be determined by the department.
(c) The department shall maintain a current registry of all
registered environmental health specialists and all environmental
health specialist trainees in the state.
(d) Individuals registered under this article are responsible for
assuring that the department has a current mailing address for them.
106695. A registered environmental health specialist may maintain
registration under a retired biennial registration provided the
following requirements are met:
(a) Has been a working registered environmental health specialist
in California for at least 10 years in an area covered in subdivision
(e) of Section 106615, unless receiving an on-the-job disability
before the 10 years of service as a registered environmental health
specialist has elapsed.
(b) Is at least 50 years old or collecting retirement benefits, or
both.
(c) Not working in a job requiring registration as an
environmental health specialist. A person who pays a retired biennial
fee shall be registered only as an inactive retired registered
environmental health specialist.
106700. (a) A nonreturnable fee shall be paid by a person for each
application for registration, application for examination, and
biennial renewal.
(b) Fees shall not exceed the actual administrative costs of the
program. Fees, except retired and penalty fees, shall be subject to
Section 100425. The actual dollar figure charged shall be rounded to
the nearest whole dollar amount. The biennial renewal fee-retired
shall be twenty-five dollars ($25).
(c) The nonreturnable biennial renewal fee shall be paid by each
registered environmental health specialist on or before the first day
of January of every second year, or on any other date that is
determined by the department. Each registered environmental health
specialist registered pursuant to this article shall first pay the
biennial fee at the time of initial registration to cover the
calendar year in which registration is acquired and the following
calendar year. Registrations not maintained as required by this
subdivision are suspended and remain invalid during the period of
suspension. Suspended registrations become revoked three years after
the date of suspension. Notwithstanding the provisions of the
Government Code, the executive officer shall revoke suspended
registrations after three years from the date of suspension for
nonpayment of fees.
(d) An additional penalty fee equal to 50 percent of the biennial
renewal fee for each year of delinquency or portion thereof shall be
paid by each person who fails to pay the fee required by subdivision
(c) within 30 days of the established due date. All accumulated
penalty fees shall be paid prior to any revalidation of registration.
(e) The department shall receive and account for all money
received pursuant to this article and shall deposit it with the
Treasurer who shall keep the money in a separate fund to be known as
the "Registered Environmental Health Specialist Fund," which fund is
hereby created.
(f) Notwithstanding Section 13340 of the Government Code, funds
collected pursuant to the provisions of this article are continuously
appropriated without regard to fiscal year to pay expenses of the
department to administer the provisions of this article.
(g) The following fees are hereby established and shall be
annually adjusted as required by subdivision (b):
(1) Application fee--ninety-five dollars ($95).
(2) Examination fee--one hundred and twenty-six dollars ($126).
(3) Biennial renewal fee--active--one hundred and seventy-five
dollars ($175).
106705. The department upon recommendation of the committee, may,
by regulation, establish the requirement and standards for continuing
education for registered environmental health specialists. The
standards shall be established in a manner to assure that a variety
of forms of continuing education are available to registered
environmental health specialists.
106710. A valid registration as an environmental health specialist
under this article shall only be issued to a person who has:
(a) Met the applicable education and experience requirements.
(b) Successfully passed the examination for registration.
(c) Submitted a complete application in accordance with Section
106630.
(d) Paid the fees required in Section 106700.
(e) Not committed acts specified in subdivision (a) of Section
106715.
106715. (a) Notwithstanding any other provisions of this article,
the department upon the recommendation of the committee may suspend,
deny, refuse to renew, or revoke a registration certificate issued
under this article after sufficient notice and an opportunity for a
hearing and upon findings that the registered environmental health
specialist has done any of the following:
(1) Knowingly made a false statement of fact required to be
revealed in the application for registration.
(2) Been convicted of a crime, if the crime is related to the
qualifications, functions, and duties of an environmental health
specialist.
(3) Knowingly made a false statement of fact required to be
revealed in an application for, or renewal of, registration.
(4) Committed an act of deceit, misrepresentation, violation of
contract, fraud, negligence, professional incompetence, or unethical
practice.
(b) The procedure to deny, suspend, refuse to renew, or revoke an
environmental health specialist registration certificate pursuant to
this section shall be as follows:
(1) All cases, complaints, or allegations charging a violation of
this subdivision shall be made in writing and submitted to the
department.
(2) The department shall make a preliminary investigation by:
(A) Obtaining copies of all pertinent written documents (laws,
reports, contacts, and correspondence).
(B) Interviewing, in person or by telephone, of all individuals
involved with the issue.
(3) The department shall compile the information into a
confidential case document that includes the following:
(A) A description of the complaint.
(B) A chronology of events.
(C) Results of the interviews.
(D) Copies of the written documents.
(4) The case document shall be submitted to each member of the
committee requesting their recommendation whether or not the
information warrants further investigation and an informal hearing.
(5) The department shall review committee recommendations and the
preliminary investigation findings and then decide whether to dismiss
the complaint or proceed to an informal committee hearing. Dismissal
of the charges shall be followed by a letter to both complainant and
the registered environmental health specialist involved explaining
the department's action.
(6) If the decision is made to proceed with an informal hearing,
the department shall request the committee to appoint one or more
hearing officers to hear the case.
(A) All parties shall be notified of the time and place of the
hearing.
(B) An investigation of the issue may be made by an independent
professional investigator if it is felt warranted by the department
and the committee. The investigation results shall be submitted to
the department, committee hearing officers, complainant, and
respondent prior to the hearing.
(C) The informal hearing shall permit the right to be heard (with
an attorney, if desired) and the proceedings recorded. Such a hearing
shall be considered an informal level of review and shall be
governed by subdivision (g) of Section 100171.
(D) Upon the finding that a violation of this section occurred,
the following disciplinary ranges may be recommended to the
department by the committee and may be adopted by the department if
the respondent does not timely request further review as specified in
subdivision (d):
(i) Knowingly made a false statement of fact required to be
revealed in the application for registration.
(I) Maximum: Revocation.
(II) Minimum: Fifteen-day suspension. Range depends on whether or
not the registration was falsely approved.
(ii) Been convicted of a crime, if the crime is related to the
qualifications, functions, and duties of a registered environmental
health specialist.
(I) Maximum: Deny, refuse to renew, or revocation of registration.
(II) Minimum: Ninety-day actual suspension.
(iii) Knowingly made a false statement of fact required to be
revealed in an application for, or renewal of, registration.
(I) Maximum: Revocation.
(II) Minimum: Seven-day actual suspension.
(iv) Committed an act of deceit, misrepresentation, violation of
contract, fraud, negligence, professional incompetence, or unethical
practice.
(I) Maximum: Revocation.
(II) Minimum: Ninety-day suspension stayed for three years on the
following conditions of probation.
--Forty-five-day actual suspension.
--The respondent shall obey all laws and regulations related to
the practice of environmental health.
(c) A copy of the recommendation made to the department by the
committee shall be transmitted to the respondent within 10 calendar
days of its receipt by the department.
(d) The respondent may request further review of the
recommendation resulting from the informal level of review by sending
a letter so stating to the address specified in the letter
transmitting the recommendation. To be timely, the request shall be
postmarked no later than 15 calendar days after receipt by the
respondent of the recommendation at issue. Upon receiving a timely
request for review, the department shall set the matter for hearing
pursuant to Section 100171.
106720. The department and the committee may use the following
criteria to evaluate the potential for rehabilitation or actual
rehabilitation of a person prior to denying, suspending, or revoking
registration.
(a) The nature and severity of the act, crime, or violation under
consideration as grounds for denial, suspension, or revocation.
(b) The time that has elapsed since commission of the act, crime,
or violation.
(c) The extent to which the applicant has complied with any terms
of parole, probation, restitution, or other sanctions imposed upon
the applicant.
(d) Evidence of rehabilitation or lack of rehabilitation of the
applicant.
106725. The department shall, upon application therefor and upon
payment of the current application and biennial renewal fees, as
determined by the department upon the recommendation of the committee
by a two-thirds vote, not to exceed one hundred dollars ($100),
issue a certificate of registration as an environmental health
specialist to any person who holds a certificate of registration as a
sanitarian or an environmental health specialist issued by the
proper authority of any state or territory, or possession of the
United States, if the requirements for the registration of
sanitarians or environmental health specialists under which the
certificate was issued are consistent with the provisions of this
article and at the time the certificate was granted were at least as
stringent as those specified in Section 106635.
106730. This article does not affect or replace any other
requirements or qualifications imposed pursuant to state or federal
law on persons involved in activities under subdivision (e) of
Section 106615.
106735. Only a person who has qualified as a registered
environmental health specialist and who holds a valid registration
certificate issued in conformance with Section 106710 for use in this
state shall have the right and privilege of using the title
"registered environmental health specialist" and to use the
abbreviation "R.E.H.S." after the person's name. Only a person who
has qualified as a registered environmental health specialist trainee
and has a letter of acceptance issued by the department shall have
the right and privilege of using the title "registered environmental
health specialist trainee."
Except as permitted in Section 106600 any use of the words
"registered sanitarian" or other use of the words "registered
environmental health specialist" to denote a working title is
prohibited.
A person who violates any provision of this section is guilty of a
misdemeanor and may be fined a sum not to exceed one thousand
dollars ($1,000) or imprisoned for not more than 180 days, or both.