Transcription
FILEDXAVIER BECERRAAttorney General of CaliforniaNDate 4 12 18 By usonLINDA K. SCHNEIDERSaylorSenior Assistant Attorney GeneralwAU8GREGORY J. SALUTESupervising Deputy Attorney GeneralState Bar No. 164015600 West Broadway, Suite 1800San Diego, CA 92101P.O. Box 85266San Diego, CA 92186-5266Telephone: (619) 738-9431Facsimile: (619) 645-2061Attorneys for ComplainantBEFORE THESTRUCTURAL PEST CONTROL BOARDDEPARTMENT OF CONSUMER AFFAIRSSTATE OF CALIFORNIA910E12In the Matter of the Accusation Against:Case No. 2018-5513JEREMY ADAM SIKESACCUSATIONP.O. Box 21124114Chula Vista, CA 9192115Operator License No. OPR 10694161718andADIOS PEST CONTROL, INC.JEREMY ADAM SIKES, PRESIDENT2576 Catamaran WayChula Vista, CA 919141920Company Registration CertificateNo. PR 501521Respondents.2223Complainant alleges:24PARTIES1.25Susan Saylor (Complainant) brings this Accusation solely in her official capacity as26the Registrar/Executive Officer of the Structural Pest Control Board (Board), Department of27Consumer Affairs.28111(JEREMY ADAM SIKES and ADIOS PEST CONTROL, INC.) ACCUSATION
License History - Jeremy Adam Sikes2. On or about August 25, 2000, the Board issued Applicator's License Number RANw15887 in Branch 2 to Jeremy Adam Sikes (Respondent). The Applicator's License was cancelledAon January 2, 2001, due to issuance of a Field Representative License.3.UOn or about January 2, 2001, the Board issued Field Representative's LicenseNumber FR 33010 in Branch 2 to Respondent. The Field Representative's License was cancelledon March 12, 2003, due to issuance of an Operator's License.84. On or about March 12, 2003, the Board issued Operator's License Number OPR910694 in Branch 2 to Respondent. The Operator's License was in full force and effect at all times10relevant to the charges brought herein and will expire on June 30, 2020, unless renewed.11License History - Adios Pest Control. Inc.125.On or about April 4, 2003, the Board issued Company Registration Certificate13Number PR 4298 in Branch 2 to Adios Pest Control Services, with Jeremy Adam Sikes as the14Owner and Qualifying Manager. The Company Registration Certificate was cancelled on April 3,152006, due to re-registration as a corporation.16On or about April 3, 2006, the Board issued Company Registration Certificate17Number PR 5015 in Branch 2 to Adios Pest Control, Inc., with Jeremy Adam Sikes as the18President and Qualifying Manager (Respondent). On November 9, 2009, the Company19Registration Certificate reflected a change of registered company officers to Jeremy Adam Sikes20as President and 75% shareholder, Sonia Silva-Valencia as Secretary and 25% shareholder, and21Ronald Steven Wyler as the Branch 2 and 3 Qualifying Manager.22JURISDICTION7.23This Accusation is brought before the Board under the authority of the following24laws. All section references are to the Business and Professions Code (Code) unless otherwise25indicated.8,262728Section 8620 of the Code provides, in pertinent part, that the Board may suspend orrevoke a license when it finds that the holder, while a licensee or applicant, has committed any1112(JEREMY ADAM SIKES and ADIOS PEST CONTROL, INC.) ACCUSATION
acts or omissions constituting cause for disciplinary action or in lieu of a suspension may assess aNcivil penalty.39.AIf the board suspends or revokes an operator's license and one or more branchoffices are registered under the name of the operator, the suspension or revocation maybe applied to each branch office.5Section 8624 of the Code states:If the operator is the qualifying manager, a partner, responsible officer, or owner ofa registered structural pest control company, the suspension or revocation may be appliedto the company registration.aThe performance by any partnership, corporation, firm, association, or registeredcompany of any act or omission constituting a cause for disciplinary action, likewiseconstitutes a cause for disciplinary action against any licensee who, at the time the act ormission occurred, was the qualifying manager, a partner, responsible officer, or ownerof the partnership, corporation, firm, association, or registered company whether or nothe or she had knowledge of, or participated in, the prohibited act or omission.101110. Section 8625 of the Code states:1213The lapsing or suspension of a license or company registration by operation of law14or by order or decision of the board or a court of law, or the voluntary surrender of alicense or company registration shall not deprive the board of jurisdiction to proceed with15any investigation of or action or disciplinary proceeding against such licensee orcompany, or to render a decision suspending or revoking such license or registration.-16STATUTORY PROVISIONS1711. Section 490 of the Code provides, in pertinent part, that a board may suspend or18revoke a license on the ground that the licensee has been convicted of a crime substantially related19to the qualifications, functions, or duties of the business or profession for which the license was202122232425262728issued.12. Section 493 of the Code states:Notwithstanding any other provision of law, in a proceeding conducted by a boardwithin the department pursuant to law to deny an application for a license or to suspendor revoke a license or otherwise take disciplinary action against a person who holds alicense, upon the ground that the applicant or the licensee has been convicted of a crimesubstantially related to the qualifications, functions, and duties of the licensee inquestion, the record of conviction of the crime shall be conclusive evidence of the factthat the conviction occurred, but only of that fact, and the board may inquire into thecircumstances surrounding the commission of the crime in order to fix the degree ofdiscipline or to determine if the conviction is substantially related to the qualifications,functions, and duties of the licensee in question.As used in this section, "license" includes "certificate," "permit," "authority," and"registration."3(JEREMY ADAM SIKES and ADIOS PEST CONTROL, INC.) ACCUSATION
13. Section 8649 of the Code states:Conviction of a crime substantially related to the qualifications, functions, andNduties of a structural pest control operator, field representative, applicator, or registeredcompany is a ground for disciplinary action. The certified record of conviction shall beconclusive evidence thereof.A14. Section 8654 of the Code states:UAny individual who has been denied a license for any of the reasons specified inSection 8568, or who has had his or her license revoked, or whose license is undersuspension, 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, orresponsible managing employee of any partnership, corporation, firm, or associationwhose application for a company registration has been denied for any of the reasons8specified in Section 8568, or whose company registration has been revoked as a result ofdisciplinary action, or whose company registration is under suspension, and while actingas such member, officer, director, associate, qualifying manager, or responsible managing10employee had knowledge of or participated in any of the prohibited acts for which thelicense or registration was denied, suspended or revoked, shall be prohibited fromserving as an officer, director, associate, partner, qualifying manager, or responsible11managing employee of a registered company, and the employment, election or12association of such person by a registered company is a ground for disciplinary action.1315. Section 8655 of the Code states:1419A plea or verdict of guilty or a conviction following a plea of nolo contenderemade to a charge substantially related to the qualifications, functions, and duties of astructural pest control operator, field representative, applicator, or registered company isdeemed to be a conviction within the meaning of this article or Section 8568 of thischapter. The board may order the license or registration suspended or revoked, or maydecline to issue a license, when the time for appeal has elapsed, or the judgment ofconviction has been affirmed on appeal or when an order granting probation is madesuspending the imposition of sentence, irrespective of a subsequent order under theprovisions of Section 1203.4 of the Penal Code allowing the individual or registeredcompany to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside theverdict of guilty, or dismissing the accusation, information or indictment.20REGULATORY PROVISIONS151617182116. California Code of Regulations, title 16, section 1937.1, states:22For the purposes of denial, suspension or revocation of a license or companyregistration pursuant to Division 1.5 (commencing with Section 475) of the code, acrime or act shall be considered to be substantially related to the qualifications,functions or duties of a licensee or registered company under Chapter 14 of Division3 of the code if to a substantial degree it evidences present or potential unfitness ofsuch licensee or registered company to perform the functions authorized by thelicense or company registration in a manner consistent with the public health, safety,or welfare. Such crimes or acts shall include, but not be limited to, the following:23242526(a) Any violation of the provisions of Chapter 14 of Division 3 of the code.27281114(JEREMY ADAM SIKES and ADIOS PEST CONTROL, INC.) ACCUSATION
(b) Commission of any of the following in connection with the practice ofstructural pest control:(1) Fiscal dishonestyw(2) FraudA(3) TheftU(4) Violations relating to the misuse of pesticides.717. California Code of Regulations, title 16, section 1937.2, states:8.(b) When considering the suspension or revocation of a structural pest controllicense or company registration on the grounds that the licensee or registered companyhas been convicted of a crime, the board, in evaluating the rehabilitation of such personor company and his or her or its present eligibility for a license or company registration1011will consider the following:12(1) Nature and severity of the act(s) or offense(s).13(2) Total criminal record.14(3) The time that has elapsed since commission of the act(s) or offense(s).15(4) Whether the licensee or registered company has complied with any termsof parole, probation, restitution or any other sanctions lawfully imposed against the16licensee or registered company.17(5) If applicable, evidence of expungement proceedings pursuant to Section1203.4 of the Penal Code.1819(6) Evidence, if any of rehabilitation submitted by the licensee or registeredcompany. . . .20COSTS212218. Section 125.3 of the Code provides, in pertinent part, that the Board may request theadministrative law judge to direct a licentiate found to have committed a violation or violations of23the licensing act to pay a sum not to exceed the reasonable costs of the investigation and24enforcement of the case, with failure of the licentiate to comply subjecting the license to not being25renewed or reinstated. If a case settles, recovery of investigation and enforcement costs may be26included in a stipulated settlement.271 11281115(JEREMY ADAM SIKES and ADIOS PEST CONTROL, INC.) ACCUSATION
CAUSE FOR DISCIPLINEN(June 11, 2009 Criminal Convictions for Communication with Minor to Commit a Felonyand Attempted Child Pornography on October 28, 2007)A19. Respondent has subjected his Operator's License to disciplinary action under sections490 and 8649 of the Code in that he was convicted of crimes that are substantially related to thequalifications, functions, and duties of a licensee. The circumstances are as follows:a.On or about June 11, 2009, in a criminal proceeding entitled People of the Stateof California v. Jeremy Adam Sikes, in Riverside County Superior Court, case number9RIF 140949, Respondent was convicted on his plea of guilty of violating two counts of Penal Code10section 288.3, subdivision (a), communicating with a minor to commit a specified offense; and11two counts of Penal Code section 664/311.4, subdivision (c), attempt to persuade minor under 1412years of age to engage in obscene matter, all felonies.b. The facts that led to the convictions are that on or about October 28, 2007,1314Respondent engaged in sexualized communications with someone he believed to be a 13-year-old15female.16C.As a result of the convictions, on July 24, 2009, Respondent was placed on17formal probation for 48 months, and ordered to serve 210 days in county jail through the18Weekender program, with a credit of two days for time served. Respondent was further ordered to19complete a counseling and rehabilitation program, to pay fines, fees, and restitution, and to follow20all laws. While on probation, Respondent was subject to immediate search of his personal21property, including electronic devices, internet/chatting restrictions, and he was ordered to stay22away from places where minors congregate, among other things. Lastly, Respondent was required23to register as a sex offender with local law enforcement pursuant to Penal Code section 290.24OTHER MATTERS2520. Pursuant to section 8624 of the Code, if discipline is imposed on Operator's License26No. OPR 10694 issued to Respondent, then Jeremy Adam Sikes shall be prohibited from serving27as the officer, director, associate, partner, qualifying manager, or responsible managing employee28of Adios Pest Control, Inc., under Company Registration Certificate No. PR 5015.6(JEREMY ADAM SIKES and ADIOS PEST CONTROL, INC.) ACCUSATION
21. Pursuant to section 8654 of the Code, if Company Registration Certificate No. PRN5015 is revoked or suspended, then Jeremy Adam Sikes shall be prohibited from serving as anwofficer, director, associate, partner, qualifying manager, or responsible managing employee of anyregistered company, and the employment, election or association of Jeremy Adam Sikes by aUregistered company is a ground for disciplinary action.6PRAYERWHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,and that following the hearing, the Structural Pest Control Board issue a decision:91011121. Revoking or suspending Operator License Number OPR 10694, issued to JeremyAdam Sikes;2. Prohibiting Jeremy Adam Sikes from serving as an officer, director, associate,partner, qualifying manager, or responsible managing employee of any registered company during13the period that discipline is imposed on Operator License Number OPR 10694, issued to Jeremy14Adam Sikes;1516171819203. Revoking or suspending Company Registration Certificate Number PR 5015, issuedto Adios Pest Control, Inc., with Jeremy Adam Sikes as its President;4. Ordering Jeremy Adam Sikes to pay the Structural Pest Control Board the reasonablecosts of the investigation and enforcement of this case, pursuant to Business and Professions Codesection 125.3; and,5.Taking such other and further action as deemed necessary and proper.212223DATED:4 12 1824BaylorSUSAN SAYLORRegistrar/Executive OfficerStructural Pest Control BoardDepartment of Consumer AffairsState of .doc7(JEREMY ADAM SIKES and ADIOS PEST CONTROL, INC.) ACCUSATION
Number PR 5015 in Branch 2 to Adios Pest Control, Inc., with Jeremy Adam Sikes as the : 18 : President and Qualifying Manager (Respondent). On November 9, 2009, the Company : 19 : Registration Certificate reflected a c
