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California Business And Professions Code BPC Section 102.2

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(a) If the Structural Pest Control Board does not comply
with the contingencies specified in paragraphs (a) to (d), inclusive,
of Provision 1 of Item 1530-001-0775 of the Budget Act of 1995 by
January 1, 1996, as determined by the Department of Consumer Affairs,
then the department may succeed to and is vested with all the
duties, powers, purpose, responsibilities, and jurisdiction of the
board, including the employment of one executive director for the
purposes of performing the department obligations herein.
   (b) If the department elects to not exercise control over the
board pursuant to subdivision (a), the department shall monitor the
board on a monthly basis and the Controller shall, on a monthly
basis, transfer the necessary amount of funds, not to exceed
one-sixth of the amount of the appropriation for each fund identified
in subdivision (c), to the board for the purpose of this
subdivision.  If at any time the department determines that the board
is not meeting satisfactory progress toward the obligations set
forth in subdivision (a), the department may invoke privileges of
succession as allowed by subdivision (a).
   Monitoring shall include a monthly report from the board, the
status of meeting the obligations set forth in subdivisions (a)
through (d), inclusive, of Provision 1 of Item 1530-001-0775 of the
Budget Act of 1995 in addition to other statutory obligations as
prescribed by law.
   (c) Notwithstanding Section 107, any provision of law authorizing
the appointment of an executive officer by the Structural Pest
Control Board shall not be implemented and shall have no force or
effect while the board is inoperative or repealed.  This subdivision
shall be in effect only if the Department of Consumer Affairs invokes
privileges of succession pursuant to subdivision (a).
   (d) In the event that the Structural Pest Control Board does not
comply with Provision 1 of Item 1530-001-0775 of the Budget Act of
1995 by January 1, 1996, as determined by the department, the sum of
one million three hundred fifty-five thousand dollars ($1,355,000) is
thereupon appropriated from the Structural Pest Control Fund to the
department, and the sum of one hundred three thousand dollars
($103,000) is thereupon appropriated from the Structural Pest Control
Education and Enforcement Fund to the department, for purposes of
this section.
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Last modified: April 11, 2008