Transcription
BEFORE THESTRUCTURAL PEST CONTROL BOARDDEPARTMENT OF CONSUMER AFFAIRSSTATE OF CALIFORNIAIn the Matter of the Accusation Against:REX FUMIGATION OF CALIFORNIAAKA JND ENTERPRISE, INC.Julio C. De La Mora, PresidentCase No. 2017-65OAH No. 2017070397Scott R. Howell, QM (former)Julio C. De La Mora (current)22 Walker StreetWatsonville, CA 95076Company Registration Certificate No. PR7403, Branch 1AndJULIO C. DE LA MORA,AKA JULIO CESAR DE LA MORA22 Walker StreetWatsonville, CA 95076Operator's License No. OPR 13077, Branch 1AndSCOTT ROBERT HOWELL650 Ward Drive, Suite ISanta Barbara, CA 93111Operator's License No. OPR 10805, Branch 1AndJUAN CHRISTIAN FLORES22 Walker StreetWatsonville, CA 95076Field Representative's License No. FR 37996,Branch 1Respondents.DECISION AND ORDERThe attached Stipulated Surrender of License and Order is hereby adopted by the StructuralPest Control Board, Department of Consumer Affairs, as its Decision regarding RespondentScott Robert Howell, Operator's License No. OPR 10805, in this matter.This Decision shall become effective on February 16, 2018It is so ORDERED JanuaryFOR THE STRUCTURAL PEST CONTROL BOARDDEPARTMENT OF CONSUMER AFFAIRS
XAVIER BECERRAAttorney General of California2FRANK H. PACOE34USupervising Deputy Attorney GeneralJONATHAN D. COOPERDeputy Attorney GeneralState Bar No. 141461455 Golden Gate Avenue, Suite 11000San Francisco, CA 94102-7004Telephone: (415) 703-1404Facsimile: (415) 703-5480Attorneys for ComplainantBEFORE THESTRUCTURAL PEST CONTROL BOARDDEPARTMENT OF CONSUMER AFFAIRSSTATE OF CALIFORNIA101112131415In the Matter of the Accusation Against:Case No. 2017-65REX FUMIGATION OF CALIFORNIAAKA JND ENTERPRISE, INC.Julio C. De La Mora, PresidentScott R. Howell, QM (former)Julio C. De La Mora (current)22 Walker StreetWatsonville, CA 95076OAH No. 2017070397STIPULATED SURRENDER OFLICENSE AND ORDER (SCOTTROBERT HOWELL)Company Registration Certificate No. PR7403, Branch 116And1718JULIO C. DE LA MORA,AKA JULIO CESAR DE LA MORA22 Walker Street19Watsonville, CA 95076Operator's License No. OPR 13077, Branch 1202122AndSCOTT ROBERT HOWELL650 Ward Drive, Suite I23Santa Barbara, CA 93111Operator's License No. OPR 10805, Branch 124And25JUAN CHRISTIAN FLORES22 Walker Street26Watsonville, CA 95076Field Representative's License No. FR 37996,27Branch 128Respondents.Stipulated Surrender of License (Case No. 2017-65)
IT IS HEREBY STIPULATED AND AGREED by and between the Complainant andNRespondent Scott Robert Howell that the following matters are true:PARTIESAun1.Susan Saylor (Complainant) is the Registrar/Executive Officer of the Structural PestControl Board (Board). She brought this action solely in her official capacity and is representedin this matter by Xavier Becerra, Attorney General of the State of California, by Jonathan D.Cooper, Deputy Attorney General. Scott Robert Howell (Respondent) is representing himself in this proceeding and haschosen not to exercise his right to be represented by counsel.10113.This Stipulated Surrender of License applies only to Respondent Scott RobertHowell, and does not apply to any of the other respondents identified in Accusation No. 2017-65.12On or about November 17, 2003, the Structural Pest Control Board issued Operator's13License Number OPR 10805 to Scott Robert Howell (hereinafter "Respondent Howell"). The14Operator's License was in full force and effect at all times relevant to the charges brought herein15and is currently on inactive status, and will expire on June 30, 2018, unless renewed.1617JURISDICTION5.Accusation No. 2017-65 was filed before the (Board), and is currently pending18against Respondent. The Accusation and all other statutorily required documents were properly19served on Respondent on May 9, 2017. Respondent timely filed his Notice of Defense contesting20the Accusation. A copy of Accusation No. 2017-65 is attached as Exhibit A and incorporated by21reference.7223ADVISEMENT AND WAIVERS6.Respondent has carefully read, and understands the charges and allegations in24Accusation No. 2017-65. Respondent also has carefully read, and understands the effects of this25Stipulated Surrender of License and Order.267. Respondent is fully aware of his legal rights in this matter, including the right to a27hearing on the charges and allegations in the Accusation; the right to be represented by counsel, at28its own expense; the right to confront and cross-examine the witnesses against him; the right to2Stipulated Surrender of License (Case No. 2017-65)
present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compelthe attendance of witnesses and the production of documents; the right to reconsideration andcourt review of an adverse decision; and all other rights accorded by the CaliforniaA56Administrative Procedure Act and other applicable laws.8.Respondent voluntarily, knowingly, and intelligently waives and gives up each andevery right set forth above.789101112131415CULPABILITY9.Respondent admits the truth of each and every charge and allegation in AccusationNo. 2017-65, agrees that cause exists for discipline and hereby surrenders his Operator's Licensefor the Board's formal acceptance,10. . Respondent understands that by signing this stipulation he enables the Board to issuean order accepting the surrender of his Operator's License without further process.CONTINGENCY11. This stipulation shall be subject to approval by the Board. Respondent understandsand agrees that counsel for Complainant and the staff of the Board may communicate directly16with the Board regarding this stipulation and surrender, without notice to or participation by17Respondent. By signing the stipulation, Respondent understands and agrees that he may not18withdraw his agreement or seek to rescind the stipulation prior to the time the Board considers19and acts upon it. If the Board fails to adopt this stipulation as its Decision and Order, the20Stipulated Surrender and Disciplinary Order shall be of no force or effect, except for this21paragraph, it shall be inadmissible in any legal action between the parties, and the Board shall not22be disqualified from further action by having considered this matter.2312. The parties understand and agree that Portable Document Format (PDF) and facsimile24copies of this Stipulated Surrender of License and Order, including Portable Document Format25(PDF) and facsimile signatures thereto, shall have the same force and effect as the originals.2613. This Stipulated Surrender of License and Order is intended by the parties to be an27integrated writing representing the complete, final, and exclusive embodiment of their agreement,28It supersedes any and all prior or contemporaneous agreements, understandings, discussions,3Stipulated Surrender of License (Case No. 2017-65)
negotiations, and commitments (written or oral). This Stipulated Surrender of License and OrderNmay not be altered, amended, modified, supplemented, or otherwise changed except by a writingWexecuted by an authorized representative of each of the parties.A14. In consideration of the foregoing admissions and stipulations, the parties agree thatthe Board may, without further notice or formal proceeding, issue and enter the following Order:ORDERIT IS HEREBY ORDERED that Operator's License No. OPR 10805, issued to ScottRobert Howell, is surrendered and accepted by the Structural Pest Control Board. 1.The surrender of Respondent's license and the acceptance of the surrendered license10by the Board shall constitute the imposition of discipline against Respondent. This stipulation11constitutes a record of the discipline and shall become a part of Respondent's license history with121314the Structural Pest Control Board.2. Respondent shall lose all rights and privileges as an Operator in California as of theeffective date of the Board's Decision and Order.1516Respondent shall cause to be delivered to the Board his pocket license and, if one wasissued, his wall certificates on or before the effective date of the Decision and Order.1718192021Respondent is prohibited from serving as an officer, director, associate, partner,qualifying manager or responsible managing employee of any registered company during theperiod that discipline is imposed on Operator's License No. OPR 10805.5. If Respondent ever files an application for licensure or a petition for reinstatement inthe State of California, the Board shall treat it as a petition for reinstatement. Respondent must22comply with all the laws, regulations and procedures for reinstatement of a revoked license in23effect at the time the petition is filed, and all of the charges and allegations contained in24Accusation No. 2017-65 shall be deemed to be true, correct and admitted by Respondent when25the Board determines whether to grant or deny the petition.2627286. Respondent shall pay the agency a portion of its costs of investigation andenforcement in the amount of 2,381.75 prior to issuance of a new or reinstated license.7.If Respondent should ever apply or reapply for a new license or certification, orStipulated Surrender of License (Case No. 2017-65)
petition for reinstatement of a license, by any other licensing agency in the State of California, allof the charges and allegations contained in Accusation. No. 2017-65 shall be deemed to be true,correct, and admitted by Respondent for the purpose of any Statement of issues or any otherproceeding seeking to deny of restrict licensure,ACCEPTANCEI have carefully read the Stipulated Surrender of License and Order. I understand thestipulation and the effect it will have on my Operator's License. .I enter into this StipulatedSurrender of License and Order voluntarily, knowingly, and intelligently, and agree to be boundby the Decision and Order of the Structural Pest Control Board.10DATED:10- 9-17SCOTTROBERT HOWELL12Respondent13ENDORSEMENT141516171819The foregoing Stipulated Surrender of License and Order is hereby respectfully submittedfor consideration by the Structural Pest Control Board of the Department of Consumer AffairsDated: 1 5/Respectfully submitted,XAVIER BECERRAAttomey General of CaliforniaFRANK H. PACOPSupervising Deputy Attorney General20JONATHAN D. COOPERDeputy Attorney GeneralAttorneys for Complainantulated Surrender of License (Cine No. 2017-63)
STRUCTURAL PEST CONTROL BOARD DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA . In the Matter of the Accusation Against: Case No. 2017-65 . REX FUMIGATION OF CALIFORNIA . OAH No. 2017070397 . AKA JND ENTERPRISE, INC. Julio C. De La Mora, President Scott R. Howell, QM (former) Julio C. De La Mora (current) 22 Walker Street . Watsonville, CA 95076
