§ 26220. Short title
§ 26221. Definitions
§ 26222. Certified animal control officers (CACOs); standards for education, training, and certification
§ 26223. Registry of applications; contents
§ 26224. Review of applicants certified by other agencies
§ 26225. Publication on internet website
§ 26226. Requirements to maintain designation
§ 26227. Lapse of certification for failure to maintain continuing education
§ 26228. Certificate requirement
§ 26229. Fees; publication
§ 26230. Rulemaking; disciplinary hearing
This chapter shall be known, and may be cited, as the Animal Control Officer Standards Act.
Credits
(Added by Stats.2019, c. 622 (A.B.1125), § 2, eff. Jan. 1, 2020.)
(a) “Board” means the Board of Directors of the California Animal Welfare Association.
(b) “CalAnimals” means the California Animal Welfare Association, a public benefit corporation domiciled in California.
(c) “Certified animal control officer” or “CACO” means a person certified as described in this chapter.
(d) “Animal control officer” has the same meaning as defined in paragraph (8) of subdivision (d) of Section 241 of the Penal Code.
Credits
(Added by Stats.2019, c. 622 (A.B.1125), § 2, eff. Jan. 1, 2020.)
§ 26222. Certified animal control officers (CACOs); standards for education, training, and certification
(a) The board shall develop and maintain standards for various classes of CACOs. The standards for education, training, and certification shall be adopted by administrative rule of the board, and shall not be less rigorous than those described in this chapter. A CalAnimals training committee shall review the standards and provide input to the board for adoption.
(b) The development and perpetual advancement of animal control officer professional standards and actively providing related educational offerings that lead to increased professional competence and ethical behavior shall be the highest priorities for the board in its licensing, certification, and disciplinary functions. Whenever the advancement of animal control officer professional standards and the provision of related educational offerings is inconsistent with other interests sought to be promoted, the former shall be paramount.
(c) The minimum standards to become a certified animal control officer are as follows:
(1) Completion of at least 20 hours of a course of training in animal care sponsored or provided by an accredited postsecondary institution or any other provider approved by the California Veterinary Medical Association, the focus of which is the identification of disease, injury, and neglect in domestic animals and livestock.
(2) Completion of at least 40 hours of a course of training on state laws relating to the powers and duties of an officer charged with enforcing laws relating to the humane treatment of animals sponsored or provided by an accredited postsecondary institution, law enforcement agency, or CalAnimals. Training required pursuant to Section 830.9 of the Penal Code, as prescribed in Section 832 of the Penal Code, does not satisfy the minimum of 40 hours of training required by this paragraph. The course shall include, but not be limited to, training and competency requirements in the areas of administrative inspection, relevant food and agricultural laws, Penal Code provisions governing the treatment of animals and animal-related crimes, state and local health and safety codes, environmental regulations, public nuisance laws, applicable constitutional law, investigation and enforcement techniques, application of remedies, officer safety, and community engagement.
(3) During each three-year period following the date on which the certification was earned, completion of 40 hours of continuing education and training relating to the powers and duties of an animal control officer, which shall be sponsored or provided by an accredited postsecondary institution, law enforcement agency, or CalAnimals. Documentation shall be served to CalAnimals no later than 21 days after the expiration of each three-year period.
(4) An individual who has become a CACO in accordance with paragraph (1) shall complete the continuing education and training as required in this section from the date their certification is granted by the board.
(d) If an applicant has, before January 1, 2020, successfully completed the training required by paragraphs (1) and (2) of subdivision (c) within the previous 10 years of the applicant's employment as an animal control officer, the board shall deem the applicant to have satisfied the training requirements of those paragraphs.
(e) The board may, by administrative rule, designate additional levels of certification.
Credits
(Added by Stats.2019, c. 622 (A.B.1125), § 2, eff. Jan. 1, 2020.)
§ 26223. Registry of applications; contents
The board shall maintain a registry of each application for a certificate of registration under this chapter. The registry shall include all of the following:
(a) The name, residence, date of birth, and driver's license number, including state or country of origin, of the applicant.
(b) The name and address of the employer or business of the applicant.
(c) The date of the application.
(d) The education and experience qualifications of the applicant.
(e) The action taken by the board regarding the application and the date of the action.
(f) The serial number of a certificate of registration issued to the applicant.
(g) Any other information required by board rule.
Credits
(Added by Stats.2019, c. 622 (A.B.1125), § 2, eff. Jan. 1, 2020.)
§ 26224. Review of applicants certified by other agencies
The board shall, by administrative rule, create a process to promptly consider and review all applicants who hold certification from any other agency, and allow them to seek review and approval of the qualifications to be recognized as a CACO in this state. A denial of full recognition as a CACO shall be accompanied by written justification and a list of steps that are required for the individual applicant to complete the registration and certification process. Recognition fees shall be set as described in Section 26229.
Credits
(Added by Stats.2019, c. 622 (A.B.1125), § 2, eff. Jan. 1, 2020.)
§ 26225. Publication on internet website
The board shall conspicuously and continually publish its list of CACOs on the CalAnimals internet website containing the CACO's full name, summary status as to active or inactive status, date of active CACO expiration, and business address, unless the business address is a residence, which shall be treated as confidential.
Credits
(Added by Stats.2019, c. 622 (A.B.1125), § 2, eff. Jan. 1, 2020.)
§ 26226. Requirements to maintain designation
A CACO shall hold a valid certificate designating the person as a CACO issued by CalAnimals, shall be currently employed or previously employed within a three-year period in an animal control officer job classification in California, and shall be current and compliant with ongoing continuing education and registration requirements as designated by the board's administrative rules.
Credits
(Added by Stats.2019, c. 622 (A.B.1125), § 2, eff. Jan. 1, 2020.)
§ 26227. Lapse of certification for failure to maintain continuing education
Failure to maintain the continuing education requirements shall cause a CACO's active certification status to lapse, subject to redemption as specified by the board's administrative rules. Once a certification lapses, the certification status shall automatically convert to inactive CACO status unless it is redeemed.
Credits
(Added by Stats.2019, c. 622 (A.B.1125), § 2, eff. Jan. 1, 2020.)
§ 26228. Certificate requirement
A person may not purport to be a CACO in this state or use the title “certified animal control officer” in this state unless the person holds a valid certificate of registration pursuant to this chapter.
Credits
(Added by Stats.2019, c. 622 (A.B.1125), § 2, eff. Jan. 1, 2020.)
The board shall annually set and impose fees in amounts that do not exceed the reasonable amount necessary to cover the costs of administering those services pursuant to this chapter. The schedule of fees shall be published on the CalAnimals internet website.
Credits
(Added by Stats.2019, c. 622 (A.B.1125), § 2, eff. Jan. 1, 2020.)
§ 26230. Rulemaking; disciplinary hearing
(a) The board shall adopt administrative rules to process information and investigate allegations or suspicions of an applicant or a CACO providing false information, failing to disclose material information on the registration application, or failing to provide information that may, either before or during the certification process, disqualify the applicant or CACO. The board shall adopt procedures and guidelines to impose discipline, revocation of certification, or sanction, for cause, against an applicant or CACO.
(b) The administrative rules shall provide the applicant or CACO with adequate and fair notice and an opportunity for a hearing before the board takes adverse action against the applicant or CACO.
(c) A factual finding after a hearing that the board concludes is cause for revocation, suspension, or other disciplinary or administrative action against an applicant or a CACO shall result in an order after hearing that meets the fair notification requirements of this section.
(d) An order after notice and an opportunity for a hearing shall be deemed final under the board's authority and procedures and may be appealed as provided for in Sections 1094.5 and 1094.6 of the Code of Civil Procedure.
Credits
(Added by Stats.2019, c. 622 (A.B.1125), § 2, eff. Jan. 1, 2020.)